registering child from british overseas territory

[bananabanana]

My husband and I are both British by descent (currently living in Canada). We would like our son to have British citizenship. I understand that we need to live in the UK for three years (prior to our son's 18th birthday) before we can register our son. Does that sound right?

I'm wondering if we can register our son after three years in a British Overseas Territory. Or, do we specifically need to be in the UK?

Thank you in advance.

[milan69]

I believe you have to have been living in UK for 3 years.

http://webarchive.nationalarchives.gov. ... ornabroad/

[bananabanana]

Thanks for the reply. I did some clicking around and I think this is the page that applies to my situation as we are planning to move to a British Overseas Territory will be living there at the time of application.

http://webarchive.nationalarchives.gov. ... ngintheuk/

My worry is that I've misunderstood something or this only applies to parents with British Overseas Territory Citizenship.

[secret.simon]

From the text of the law (Section 3(5) of the British Nationality Act 1981), residence of three years in any qualifying British Overseas territory seems to give the child an entitlement to registration as a British citizen.

http://www.legislation.gov.uk/ukpga/1981/61/section/3

[milan69]

Maybe I am missing something but the way I see it you have to be living in the UK. The headline of the mentioned section says

Children born abroad to parents who are British by descent and who are now living in the United Kingdom - section 3(5) application

[secret.simon]

Fourth bullet point in the link below specifically includes "British overseas territory".

http://webarchive.nationalarchives.gov. ... ngintheuk/

[milan69]

It seems you are right.