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Can child be registered as BC if born outside the UK?

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

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4uvak80
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Posts: 6
Joined: Tue Mar 02, 2010 11:03 am

Can child be registered as BC if born outside the UK?

Post by 4uvak80 » Sat May 23, 2015 12:23 pm

Hi,
Can a child 16 years old apply on her own for British Citizenship, if her parents are not applying for BC? All family members are EEA nationals. The family lives in the UK for over 10 years. Father was always working (exercising his Treaty Rights in the UK). Parents will not be able to pass Life in the UK test due to their pour English and they do not want to apply for BC anyway. All family members are EEA nationals. The child was studying in the UK for all her life. Can she rely on her own exercising of Treaty Rights in the UK as a student?
Thank you.

vinny
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Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Can child be registered as BC if born outside the UK?

Post by vinny » Sat May 23, 2015 1:00 pm

May be difficult.

Child may apply for confirmation of PR as a family member of qualified father.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Can child be registered as BC if born outside the UK?

Post by noajthan » Sat May 23, 2015 2:00 pm

4uvak80 wrote:Hi,
Can a child 16 years old apply on her own for British Citizenship, if her parents are not applying for BC? All family members are EEA nationals. The family lives in the UK for over 10 years. Father was always working (exercising his Treaty Rights in the UK). Parents will not be able to pass Life in the UK test due to their pour English and they do not want to apply for BC anyway. All family members are EEA nationals. The child was studying in the UK for all her life. Can she rely on her own exercising of Treaty Rights in the UK as a student?
Thank you.
People under 18 years old can apply for Registration as a UK citizen.

See this guide:
https://www.gov.uk/government/uploads/s ... r_2015.pdf

Pages 7-8 in particular applies to EEA nationals.
If you were born in UK as the child of EEA nationals, you could be entitled to citizenship under 1(3) of the Nationality act (and if certain other conditions and dates are met).

Any child born outside UK may be registered under section 3(1) of the Nationality act. This route is discretionary (not an entitlement), so it is not guaranteed.

According to the guidance, an older teenager who has spent most of their life in UK might be registered if their future is shown to be in the UK (even if the parents are not naturalising).
See section 9.17 of the document below, (in particular 9.17.11)

You might also be registered if you have to be British to follow a certain career path;
(you would have to provide proof of this - not just express an vague intention to, for example, join the military).
See section 9.15 of document below.

Ref:
https://www.gov.uk/government/uploads/s ... 150402.pdf

Good luck.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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