Does my 9years old who is going to be 10years in April this year qualify for BC?

[vanexx3344]

Does my 9 years old who is going to be 10 years in April this year qualify for BC? The reason is because I took him out of the UK to Nigeria after when he was born around 2-3 months old and came back with him to the UK, with a Nigeria passport with visa back to the UK, when he was 2 years old. And he has been here since he was 2 years till date, and he will be 10 years in April. Which means he has been in the Uk for more 7 years now.
My question, is it possible to apply for his British citizen? or what doe he qualify for?

Thanks

[CR001]

What is your immigration status?

[vanexx3344]

What is your immigration status?

My immigration status is -
Came like 7 and half years ago.
I am living illegal now.
After I have done couple of application which all refused within the 7 years plus I have been here, with the last one end of last year. I am exhausted.

I am thinking of making new application, but do not know which to go for that is why I am asking about my child that was born here and took away to come back at 2 years old.

By the way I have also got 2 other kids that was born in Nigeria, and came with me to the UK 4 and 6 when they came now spent same time 7 years plus here.

Please what is my best option? Thank you.

[joeano353]

Being born in the UK does not have any bearing on citizenship. The parent's status at the time of birth is the criterion used. If either parent held ILR at the time of their birth they are eligible for citizenship. Otherwise NO.

[CR001]

Being born in the UK does not have any bearing on citizenship. The parent's status at the time of birth is the criterion used. If either parent held ILR at the time of their birth they are eligible for citizenship. Otherwise NO.

You are incorrect in your assumption. Form T allows for registration of a child who was born in the UK after 1 January 1983 and has lived here for 10 years. This is regardless of the parents immigration status.

https://www.gov.uk/government/publicati ... zen-form-t

[secret.simon]

I took him out of the UK to Nigeria after when he was born around 2-3 months old and came back with him to the UK, with a Nigeria passport with visa back to the UK, when he was 2 years old.

Section 1(4)/Form T registration requires that the child have lived in the UK for the first ten years of their life, excepting 90 days absence per year. As your son was absent for almost a year and a half in the first year, he is not eligible for Form T registration.

(4) A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1) [F9, (1A)] or (2) shall be entitled, on an application for his registration as a British citizen made at any time after he has attained the age of ten years, to be registered as such a citizen if, as regards each of the first ten years of that person’s life, the number of days on which he was absent from the United Kingdom in that year does not exceed 90.

[Obie]

I took him out of the UK to Nigeria after when he was born around 2-3 months old and came back with him to the UK, with a Nigeria passport with visa back to the UK, when he was 2 years old.

Section 1(4)/Form T registration requires that the child have lived in the UK for the first ten years of their life, excepting 90 days absence per year. As your son was absent for almost a year and a half in the first year, he is not eligible for Form T registration.

(4) A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1) [F9, (1A)] or (2) shall be entitled, on an application for his registration as a British citizen made at any time after he has attained the age of ten years, to be registered as such a citizen if, as regards each of the first ten years of that person’s life, the number of days on which he was absent from the United Kingdom in that year does not exceed 90.

Also see section 1(7), which you appear to have lost sight of, perhaps inadvertently.