Question about BC for Child

[sevendust12]

Hi all,

I need some help and advice again. I have applied for registration (not naturalisation) as a British citizen under Section 4B last year from Hong kong, everything went well and I was granted the citizenship and got my British passport etc.

I would like to know whether my daughter is entitled to apply for British citizenship as well? Is entitled automatically or does she need to apply?

She was born before I got my citizenship and at the time of her birth, me and my partner weren't married.

Just wanted to know your thoughts on this. Any help would be much appreciated.

[secret.simon]

Registration under Section 4B gives you British citizenship by descent (Section 14(1)(d) of the BNA 1981), which means that children born to you abroad, even after you acquire British citizenship, do not inherit your British citizenship.

What is the current age of the child?

Section 3(2) does not seem applicable to your child as it has specific requirements as regards grandparents. Was either of your parents a British citizen or a CUKC (before 1983)?

If the child lives with you in the UK for atleast three years before the age of 18, s/he is entitled to register as a British citizen under Section 3(5).

If the child is over the age of 18, the child can not register through you and must apply for visas and naturalise in their own right.

[sevendust12]

Registration under Section 4B gives you British citizenship by descent (Section 14(1)(d) of the BNA 1981), which means that children born to you abroad, even after you acquire British citizenship, do not inherit your British citizenship.

What is the current age of the child?

Section 3(2) does not seem applicable to your child as it has specific requirements as regards grandparents. Was either of your parents a British citizen or a CUKC (before 1983)?

If the child lives with you in the UK for atleast three years before the age of 18, s/he is entitled to register as a British citizen under Section 3(5).

If the child is over the age of 18, the child can not register through you and must apply for visas and naturalise in their own right.

Thank you for your comment.

Yes, you are right. I am a British Citizen by descent. I called the HO asking for some advice and the person told me that since I am now a BC I could apply for my daughter using Form MN1 under Section 3(1) Registration under the Home Secretary's Discretion.

I will have to think and see whether this route is worth taking.

[secret.simon]

Do not rely on Home Office telephone conversations.

How old is the child?

Section 3(1) registration is possible, but entirely discretionary (i.e. can be refused). There are certain expectations of the child; such as that both parents and the child are expected to have ILR (or British citizenship), the child (depending on age) is expected to have spent a certain amount of time in the UK, etc. See Page 16 of Guide MN1 and Section 9.17 of Chapter 9 - Registration at discretion.

You are on much safer grounds with a Section 3(5) registration, which is an entitlement (i.e. can not be refused), but which requires the child to have had three years residency in the UK and those three years and application must be while the child is less than 18 years of age.

Neither Section 3(1) nor Section 3(5) registration is possible past the child's 18th birthday.