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Section 3(1) or 3(5) for my child?

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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toad
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Posts: 19
Joined: Thu Jun 19, 2014 7:29 pm

Section 3(1) or 3(5) for my child?

Post by toad » Tue Jul 11, 2017 4:01 am

Hi,

My daughter was born outside the UK in Feb 2011 and has been living in the UK since July 2011. In 2013, my daughter and I were granted ILR, and in 2014 I received British Citizenship but I didn't apply for BC for my daughter at the time.

I am planning to apply for BC for her soon and I think it's section 3(1) that I need to applied under, am I right? If I understand correctly, section 3(5) doesn't apply to my daughter since I was not BC at the time of her birth.

I would appreciate if someone could confirm this for me.

Thank you in advance.

secret.simon
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Posts: 11589
Joined: Thu Feb 21, 2013 9:29 pm

Re: Section 3(1) or 3(5) for my child?

Post by secret.simon » Tue Jul 11, 2017 5:23 am

Section 3(1).

Section 3(5) applies to children of British citizens by descent. As you got your British citizenship by naturalization, it is British citizenship otherwise than by descent. Hence, it does not apply.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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