ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Is a child who was registered as a BC British by descent ?

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

Locked
fhumbert
Newbie
Posts: 38
Joined: Tue Feb 01, 2011 9:55 am

Is a child who was registered as a BC British by descent ?

Post by fhumbert » Wed Jul 06, 2011 4:33 pm

I have been reading some posts about this but I can't get my hear around it.
My first born child is a British citizen by registration. She was born in the UK in August 2003. At the time I had already been exercising treaty rights for more than 5 years so technically I had PR automatically. But I did not know that at the time. So I applied for the family permit which officialised our permanent residency status under EEA rules.
After that I applied for my daughter's registration which was granted. When what I should have done is merely to apply for a British passport for her as both her parents were settled by virtue of the 5 year rule.

So I am wondering whether she is a BC by birthright or by descent or some other form of citizenship.

Thanks for any help.
Fred

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Wed Jul 06, 2011 4:50 pm

She is a British citizen other than by descent.

I stand to be corrected but, IMHO, since she was granted citizenship subsequent to registration application, she cannot be considered as British citizen by birth (as per records) - even though she may be (automatic acquisition of PR at end of 5 years in UK by EEA parent(s) exercising treaty rights and birth of child in UK after such date) in reality. In such case and law permitting, you may be able to get the records corrected - if you can prove the point.
Last edited by geriatrix on Wed Jul 06, 2011 6:23 pm, edited 1 time in total.
Life isn't fair, but you can be!

Backer
Member of Standing
Posts: 298
Joined: Sun Feb 01, 2009 6:03 pm
United Kingdom

Post by Backer » Wed Jul 06, 2011 5:54 pm

Does it make any difference if the child was already British at birth or registered later?

The child is no doubt British otherwise than by descent because his parents are not british

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Wed Jul 06, 2011 5:57 pm

Backer wrote:Does it make any difference if the child was already British at birth or registered later?

The child is no doubt British otherwise than by descent because his parents are not british
and also, being british otherwise than by descent is more beneficial than being british by descent (not that there is any possibility that he is British by descent).

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Wed Jul 06, 2011 6:25 pm

Backer wrote:Does it make any difference if the child was already British at birth or registered later?
Not aware of any, if any exist.
Life isn't fair, but you can be!

vinny
Moderator
Posts: 32965
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed Jul 06, 2011 9:07 pm

You may be able to get a partial refund of the registration fee, if registration was unnecessary.
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.

JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Post by JAJ » Sun Jul 24, 2011 4:45 am

The registration certificate from the Home Office is a more conclusive evidence of British citizenship than anything else. And section 1(3) registration, if that's what the certificate says, is always "otherwise than by descent".

I would not go looking for a fee refund if it meant the certificate had to go back.

Locked