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When is a "registered" child other than by decent?

Posted: Sat Aug 28, 2010 9:27 pm
by Directive/2004/38/EC
If a child is "registered" as a British citizen, when are they considered British "otherwise than by decent"? Does it depend on where they were born?

e.g. A British citizen by decent who has a child abroad. The parent meets the residency requirement in the UK, and the child is registered within the first year as a British citizen? Is that by decent?

e.g. A person without ILR in the UK has a child. The adult then gets ILR and applies through MN1? Is that other than by decent?

Posted: Sat Aug 28, 2010 11:21 pm
by vinny
See also Chapter 20: British citizenship "by descent" and "otherwise than by descent"
Directive/2004/38/EC wrote:e.g. A British citizen by decent who has a child abroad. The parent meets the residency requirement in the UK, and the child is registered within the first year as a British citizen? Is that by decent?
Section 3(2) is by descent.
Section 3(5) is otherwise than by descent.
Directive/2004/38/EC wrote:e.g. A person without ILR in the UK has a child. The adult then gets ILR and applies through MN1? Is that other than by decent?
Section 1(3) is otherwise than by descent.