MN1 Sec 3(1) query

[MeMcMa]

Hi everyone,

I have a few questions that I hope you can help me with.

I recently Naturalised and I am now in the process of registering my children who were:

-Born in Zambia
-Adopted by my husband who is British (adopted in Zambia and registered the adoption in UK)

Question is; do we have to fill in Section 3?
(Section 3 - Parents’ residence in the UK or the British overseas territories, where applicable)

It's just so confusing!!

We have made an appointment with NCS to check our documents but we just didn't want to go and be told that we made a mistake and lose our money.

Please help.

Ta

[CR001]

If they were legally adopted under the Hague Convention guidelines, by a British citizen, then I think that would make the British automatically. Will have a look and see what I can find.

As an aside, how old are they, where is the biological father, do the children have ILR?

[MeMcMa]

If they were legally adopted under the Hague Convention guidelines, by a British citizen, then I think that would make the British automatically. Will have a look and see what I can find.

As an aside, how old are they, where is the biological father, do the children have ILR?

*The adoption is not under the Hague Convention but Zambia is on the designated list for accepted adoption in UK, I think.

*The children are 16 and 14 years old.
-The biological father's whereabouts are unknown.
-No the children don't have ILR. They have Residence Card which expires in Dec 16. We had this permit coz
we had lived in the EU state for over a year before returning to UK with hubby (British Citizen).

Thank you for your prompt response CR001

[noajthan]

...

We have made an appointment with NCS to check our documents but we just didn't want to go and be told that we made a mistake and lose our money.

Please help.

Ta

By having the foresight to apply via NCS you would only risk the (relatively lower) NCS fee/s in first place.

Do you mean family has returned to Blighty via Surinder Singh route?
How long have you been living back in UK?
Do you mean family members have got UK-issued RCs?

Not sure if Zambia is in the approved schedule of countries;
it may be that registration will be at discretion of Home Secretary under s.3(1) of BNA.

See https://www.gov.uk/government/publicati ... itizenship
&
Ref http://www.legislation.gov.uk/uksi/2013/1801/made

[MeMcMa]

...

We have made an appointment with NCS to check our documents but we just didn't want to go and be told that we made a mistake and lose our money.

Please help.

Ta

By having the foresight to apply via NCS you would only risk the (relatively lower) NCS fee/s in first place.

Do you mean family has returned to Blighty via Surinder Singh route?
How long have you been living back in UK?
Do you mean family members have got UK-issued RCs?

Not sure if Zambia is in the approved schedule of countries;
it may be that registration will be at discretion of Home Secretary under s.3(1) of BNA.

See https://www.gov.uk/government/publicati ... itizenship
&
Ref http://www.legislation.gov.uk/uksi/2013/1801/made

Thank you Noajthan:

*Yes we returned via Surinder Singh route. I was RC and immediately after having confirmation of
permanent residence, I applied for Citizenship which got approved last week.

- The two children Yes still have RC but after enquiring at Home Office if we can apply for registration
they said we did not need the kids passport to have PR because both my husband and I are British.

- About the adoption, it was registered in UK so it is in the designated countries as the kids 'British' birth
certificates.

- And yes we are applying under section 3 (1).

We just got confused with section 3 of the form.

[noajthan]

Thank you Noajthan:

*Yes we returned via Surinder Singh route. I was RC and immediately after having confirmation of
permanent residence, I applied for Citizenship which got approved last week.

- The two children Yes still have RC but after enquiring at Home Office if we can apply for registration
they said we did not need the kids passport to have PR because both my husband and I are British.

- About the adoption, it was registered in UK so it is in the designated countries as the kids 'British' birth
certificates.

- And yes we are applying under section 3 (1).

We just got confused with section 3 of the form.

If you have become BC it will be as a citizen other than by descent.

Section 3 of form is for special circumstances related to citizens by descent, so skip that.

Note if you are now a BC, and are a dual national, with an EEA nationality(?), then UK Gov/HO will now only recognise you as a BC (for immigration purposes). So if you are from EEA you could no longer sponsor family members.

Anyway, if the adoption/s is/are recognised in UK then my understanding is you are on track & entitled to register.

Section 3(1) of BNA is (usually) registration at Home Secretary's discretion;
if that is so for your circumstances (- not sure) then you will need to make a good case about the future of children being in UK

Good luck.

[MeMcMa]

Ok.

Thank you very much for all the responses. Fingers crossed it all goes well for us.

Enjoy your day.