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Grandparent status for applying British citizen under Section 3(2)
Posted: Fri Jun 14, 2019 6:52 pm
by Gumgum1221
Hello thank you for reading.
I have 2 children, they were born in Hong Kong and they are 11 and 8 years old. If I have the interest to register my children as British citizen under Section 3(2), I would like to check if my father fits the requirement under the law section 3(2) that requires the mother or father of the parent in question (the child’s grandparent) became or but for their death would have become, a British citizen otherwise than by descent either:
- on 1 January 1983
- at the time of the parent’s birth
The section that requires *become a British citizen otherwise than by descent on 1 Jan 1983* . Does that mean the grandparents who became British citizen otherwise than by descent AFTER 1983 are not qualified?
My father became a British Citizen via The British Nationality (Hong Kong) Selection Scheme in 1994 and he was born in HK.
Thank you
It’s possible children can get the British Citizenships through their British grandfather who has only became BC on 1994
Posted: Sat Jun 15, 2019 5:57 pm
by Gumgum1221
It’s possible children can get the British Citizenships through their British grandfather who has only became BC on 1994??
Re: It’s possible children can get the British Citizenships through their British grandfather who has only became BC on
Posted: Sat Jun 15, 2019 6:58 pm
by joeano353
I believe the applicant children should be under 18.
Re: It’s possible children can get the British Citizenships through their British grandfather who has only became BC on
Posted: Sat Jun 15, 2019 7:52 pm
by Gumgum1221
joeano353 wrote: ↑Sat Jun 15, 2019 6:58 pm
I believe the applicant children should be under 18.
Thank you for your reply and yes they r under 18
Re: It’s possible children can get the British Citizenships through their British grandfather who has only became BC on
Posted: Sun Jun 16, 2019 8:58 am
by joeano353
This I think is not as easy as it seems. The grandfather became British, however the status of the parents is also important. If the parents are of other nationalities they would get citizenship by descent. If the applicant children born were born in the UK they could claim however if the children and their parents were born abroad it will be very difficult.
Re: It’s possible children can get the British Citizenships through their British grandfather who has only became BC on
Posted: Sun Jun 16, 2019 11:15 pm
by secret.simon
My advice below is predicated on the basis that one parent of the child was also registered as a British citizen by descent under the British Nationality (Hong Kong) Act 1997. If the parent was born after the grandparent had acquired British citizenship, the response may be different.
I do not think that Section 3(2) is engaged, because the grandparent was not a British citizen by descent at the time of the parent's birth and therefore the parent themselves is a British citizen by descent not by birth, but by registration themselves.
However, I think it may be possible to apply under Section 3(1) - at the SoS's discretion - if you can make a case for discretion to be applied in this case as all remaining requirements for Section 3(2) are engaged, except for the requirement of the grandparent having been a British citizen otherwise than by descent at the birth of the parent concerned.
Be aware that in this case, the child will also be a British citizen by descent (See
Section 14(1)(c)) and will not be able to use the same provisions if their children were born outside the UK.
Re: It’s possible children can get the British Citizenships through their British grandfather who has only became BC on
Posted: Mon Jun 17, 2019 4:16 pm
by Gumgum1221
secret.simon wrote: ↑Sun Jun 16, 2019 11:15 pm
My advice below is predicated on the basis that one parent of the child was also registered as a British citizen by descent under the British Nationality (Hong Kong) Act 1997. If the parent was born after the grandparent had acquired British citizenship, the response may be different.
I do not think that Section 3(2) is engaged, because the grandparent was not a British citizen by descent at the time of the parent's birth and therefore the parent themselves is a British citizen by descent not by birth, but by registration themselves.
However, I think it may be possible to apply under Section 3(1) - at the SoS's discretion - if you can make a case for discretion to be applied in this case as all remaining requirements for Section 3(2) are engaged, except for the requirement of the grandparent having been a British citizen otherwise than by descent at the birth of the parent concerned.
Be aware that in this case, the child will also be a British citizen by descent (See
Section 14(1)(c)) and will not be able to use the same provisions if their children were born outside the UK.
Thank you for your input. I was reading the guidance at the home office page, under the law section 3(2) that requires the mother or father of the parent in question (the child’s grandparent) became or but for their death would have become, a British citizen otherwise than by descent either:
- on 1 January 1983
- at the time of the parent’s birth
Does that mean the grandparents who have only became British citizen otherwise than by descent AFTER 1983 are not qualify?
Re: It’s possible children can get the British Citizenships through their British grandfather who has only became BC on
Posted: Tue Jun 18, 2019 12:10 pm
by secret.simon
Gumgum1221 wrote: ↑Mon Jun 17, 2019 4:16 pm
Does that mean the grandparents who have only became British citizen otherwise than by descent AFTER 1983 are not qualify?
That is how I read it, assuming that their children (the parents of the applicant) were born before the acquisition of citizenship.
Section 3(3) of the British Nationality Act 1981 wrote:(b)that the father or mother of the parent in question—
- (i)was a British citizen otherwise than by descent at the time of the birth of the parent in question; or
- (ii)became a British citizen otherwise than by descent at commencement, or would have become such a citizen otherwise than by descent at commencement but for his or her death; and
Note that if you plan to move to the UK, a Section 3(5) registration (after both parents and the child have been resident in the UK for at least three years) would be preferable anyway, as that would make the child a British citizen otherwise than by descent themselves.
Re: It’s possible children can get the British Citizenships through their British grandfather who has only became BC on
Posted: Tue Jun 18, 2019 4:18 pm
by Gumgum1221
secret.simon wrote: ↑Tue Jun 18, 2019 12:10 pm
Gumgum1221 wrote: ↑Mon Jun 17, 2019 4:16 pm
Does that mean the grandparents who have only became British citizen otherwise than by descent AFTER 1983 are not qualify?
That is how I read it, assuming that their children (the parents of the applicant) were born before the acquisition of citizenship.
Section 3(3) of the British Nationality Act 1981 wrote:(b)that the father or mother of the parent in question—
- (i)was a British citizen otherwise than by descent at the time of the birth of the parent in question; or
- (ii)became a British citizen otherwise than by descent at commencement, or would have become such a citizen otherwise than by descent at commencement but for his or her death; and
Note that if you plan to move to the UK, a Section 3(5) registration (after both parents and the child have been resident in the UK for at least three years) would be preferable anyway, as that would make the child a British citizen otherwise than by descent themselves.
Yes, parent of applicants was only a British national overseas at birth. Then become a British by descent when the father( applicants grandparent) has granted the British citizenship through Hong Kong Selection Scheme on 1994.