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Thomas
Thomas, Solicitor
Category: UK Family Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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A child born in South Africa with a British Citizen father

Resolved Question:

A child born in South Africa with a British Citizen father can you register the childs birth with the British Consulate
Submitted: 1 year ago.
Category: UK Family Law
Expert:  wendy-Mod replied 1 year ago.
Hi, I am a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.


Thank you!
Wendy
Customer: replied 1 year ago.


continue searching I will wait for an answer, Thanks Jackie


 

Expert:  Fran-mod replied 1 year ago.
Thank you for your patience. We will continue the search for a professional for you.
Expert:  Thomas replied 1 year ago.
Hi,

What is the date of birth of the child's father?

Where was the child's father born?

For what purpose do you wish to register with the consulate? To get a UK passport for the child?

Kind regards,

Tom
Customer: replied 1 year ago.


Hi Tom the childs father was born on the 28.5.83 in Zambia and


registered at the British High Commission in Lusaka and obtained a british birth certificate as I ( his mother)


was born in England.


 


Yes the end game is to get a British passport for the child but also to know whether or not the child can be registered like the father.

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

I think by registration you mean registration as a UK citizen, rather than simply registering the birth (which is not possible).

Your son has obtained “citizenship by descent”. Generally this means that he can’t pass on his citizenship automatically in the same way you did.

The only way that the child would be entitled to register as a UK citizen is under s3(2) of the British Nationality Act 1981. In order to do so your son (the child’s father) must have lived in the UK for a period of three years at any time prior to the child’s birth. They must also not have left the UK during this three year period for longer than 270 days.

If this is the case then they can apply to register the child as a UK citizen and thereafter apply for a UK passport. Confirmation here:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/children/britishcitizen/bornabroad/

If they cannot do this then the child is not eligible to be registered at the present time and would instead have to apply for a visa in order to settle in the UK with the father.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

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Kind regards,


Tom
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6309
Experience: BA (Hons), PgDip, Practising Solicitor
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