Routes for Child Citizenship

[CabbageMan]

I am British by descent only; born in Germany 1982 to two British parents (non-military or government service).

I married a non-British (and non-EU) person, and my son was born outside the UK. This makes my son ineligible for citizenship (I have been told).

I'm trying to understand the possible routes to citizenship for him before he reaches 18 (he's 9 now). So far I have found these two routes:

1. If I had spent a period of 3 years living in the UK with less than 270 days out of country during that period, my son would have been eligible for citizenship. I did spent 5 years studying in the UK, but I was out of country more than 90 days per year. So at this point, if I go and live in the UK for 3 years, it would seem my son would become eligible for British citizenship.

2. Family visa: If my wife and I become resident in the UK (spouse visa for her), I can apply for a family visa for him. I guess there is some route to citizenship via family visa, but I'm not sure what it is.

My son is going to study in the UK from Sep-2018 onwards, but there is no route to citizenship on a student visa from what I understand. Both of the above routes require that I become resident in the UK which I would rather avoid. I am wondering if there is any route to citizenship for my son without my having to become resident (and tax liable) in the UK.

I have family living in the UK, all of whom are British by other than descent, if that helps - my mother, my brother, my grandmother.

[vinny]

Both parents must live with child in the UK for at least 3 years for child to be entitled to register under 3(5).

[secret.simon]

You have done your homework.

A Section 3(2) entitlement would have required you to have been resident in the UK for at least three continuous years, with absences of no more than 90 days per year, at any time before the child's birth.

A Section 3(5) entitlement (meaning that it cannot be refused) would arise if you moved with the child to the UK and were resident with the child for three continuous years, with absences of no more than 90 days per year.

The only two alternatives that I can foresee are that your child applies for registration at discretion before the age of 18 under Section 3(1) or that he naturalises as an adult in his own right.

Both these approaches will require him to acquire ILR (or PR). Does your son have German or another EEA citizenship?

If he has an EEA passport and he is resident in the UK for five years and he has CSI (private health insurance) and depending on the outcome of the Brexit negotiations (I know, lots of ands), he should acquire PR automatically under EU law.

He could then apply for registration under Section 3(1), which is registration at the discretion of the Home Office. But he will need to make a compelling argument for why he should be granted the registration. Typically, such registration is only granted if one parent has British citizenship and the other parent and the child has ILR or PR. Also, if he is granted registration under Section 3(1), he will himself be a British citizen by descent and not be able to pass on his British citizenship under any form of entitlement (not even Section 3(2), which requires one grandparent to have been born in the UK).

In a worst case situation, if he acquires PR under the conditions listed two paragraphs above, he could naturalise as a British citizen under his own steam after his 18th birthday. In that case, he will acquire British citizenship on his own and will become a British citizen otherwise than by descent, thus with the ability to pass on his citizenship to one generation born abroad.

So, it all hinges on what his current nationalities are.

[CabbageMan]

Many thanks Secret.Simon, that was very enlightening!

I had overlooked the fact that I would have had to have been resident 3 years BEFORE my son's birth. So that route is out of the window now.

The EEA passport route is also out - he holds only a Filipino passport.

He does have grandparents (and one remaining great grandparent) who are all British by other than descent, were born in the UK and still live in the UK. Is there a useful route involving grandparents? They would be happy to sponsor if that is a possibility.

[secret.simon]

He does have grandparents (and one remaining great grandparent) who are all British by other than descent, were born in the UK and still live in the UK. Is there a useful route involving grandparents? They would be happy to sponsor if that is a possibility.

There are no grandparents route. The role of the parents presence in the UK is pivotal.

The EEA passport route is also out - he holds only a Filipino passport.

Then the entire scenario that I laid out above, which is predicated on his acquiring PR automatically as an EEA citizen, is invalid.

The only way for your child to acquire British citizenship through you is for you to move to the UK with him and his other parent (or acquire sole responsibility via court order) and reside in the UK for three continuous years, with those three continuous years concluding before his 18th birthday.

It is up to you to decide whether your child's acquisition of British citizenship or your tax residency (which is a complex matter involving both actual residency and domicile or the intent to reside in the future) is more important to attain.

[CabbageMan]

Many thanks for the clarity secret.simon, much appreciated! Son's citizenship trumps tax liabilities, so the UK resident for 3 years route is likely the path we will follow.