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MN1 registration for children born to Section 4L parent

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

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tigerlily12345
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Posts: 3
Joined: Thu Dec 21, 2023 3:01 pm
South Africa

MN1 registration for children born to Section 4L parent

Post by tigerlily12345 » Thu Dec 21, 2023 3:37 pm

I've been resident in the UK for 3 years. Towards the end of the 3 years I was successful in my Section 4L application and am now a British citizen. My husband does not have settled status (he is on an ancestral visa) and still has 2 years until applying for ILR. I want to register our two children under Section 3(1). However...

Registering children as British citizens: caseworker guidance sets out the following under 5.4:

Children born to a parent registered under section 4C, 4G, 4H, 4I or 4L of the British Nationality Act 1981
Section 4C of the British Nationality Act 1981 allows those born abroad before 1 January 1983 to British mothers to be registered as a British citizen. Sections 4G, 4H and 4I are registration provisions for those who would have become British automatically if their parents had been married. Section 4L allows for a person to be registered if they would have been, or been able to become, a British citizen, but for historical legislative unfairness, an act or omission of a public authority, or exceptional circumstances relating to that person. Any child born in the UK after the parent is registered will be a British citizen, and a child born outside the UK may be able to register under section 3(2) or 3(5).

You must normally register a child if:
  • the child was born before the parent registered under one of the above sections
  • if the parent had registered before the child’s birth, the child would be a British citizen or have an entitlement to be registered under section 3(2) or 3(5)
  • where necessary both parents consent to the registration or any objections by the non-parent are ill founded
  • there is no reason to refuse on character grounds.
What I cannot get my head around is that I am not a citizen by descent and therefore cannot use sections 3(2) or 3(5). However, the guidance as I read it seems to suggest that a caseworker look to these sections. I cannot see how a Section 4L parent is lumped together in the same category. As a result, I am not sure what the actual requirements for registration would be in my children's case.

Anyone have an interpretation of the above as applied to me?

The guidance I received from two immigration companies was simply that I could possibly register my children when we'd reached 3 years, but that applies to sections 3(2) and 3(5), not 3(1)? What about offshore 4L applicants who want to register their children? Is there some implied residence requirement in line with where the childen's future lies (which follows later in the guidance)?

tigerlily12345
Newly Registered
Posts: 3
Joined: Thu Dec 21, 2023 3:01 pm
South Africa

Re: MN1 registration for children born to Section 4L parent

Post by tigerlily12345 » Thu Dec 21, 2023 3:48 pm

I forgot to add:

Both children born offshore before I registered under Section 4L.

sinerd
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Mood:
Israel

Re: MN1 registration for children born to Section 4L parent

Post by sinerd » Wed Jan 17, 2024 4:09 pm

my wife recently registered under 4L (born in SA) with a UK born paternal grandmother,
we enquired at a few solicitors who told us that since 4L is not by descent we can register the non UK born kids without any residency requirement (all 3 where absolutely confident that it is possible rather than may be possible), I'm also puzzled as to the exact section but it seems that 3(1) is the only option.

Pasmanv
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Posts: 2
Joined: Tue Apr 30, 2024 10:25 am
Argentina

Re: MN1 registration for children born to Section 4L parent

Post by Pasmanv » Tue Apr 30, 2024 3:07 pm

sinerd wrote:
Wed Jan 17, 2024 4:09 pm
my wife recently registered under 4L (born in SA) with a UK born paternal grandmother,
we enquired at a few solicitors who told us that since 4L is not by descent we can register the non UK born kids without any residency requirement (all 3 where absolutely confident that it is possible rather than may be possible), I'm also puzzled as to the exact section but it seems that 3(1) is the only option.
Any news regarding the possibility of registering a child who was born before their father or mother registers through section 4L? Thank you."

tigerlily12345
Newly Registered
Posts: 3
Joined: Thu Dec 21, 2023 3:01 pm
South Africa

Re: MN1 registration for children born to Section 4L parent

Post by tigerlily12345 » Tue May 07, 2024 10:52 pm

@sinerd sorry for the radio silence and thank you for your input.

I was successful under section 3(1) and my children were just recently registered. I didn't draw any attention to the onshore aspect (at any rate, I concluded like you that it is irrelevant for this purpose). It was completely smooth sailing.

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