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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
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Experience:  Solicitor
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I am a British citizen (non-resident), I am British by decent

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I am a British citizen (non-resident), I am British by decent from my British mother; although I was born 1978 I became British by the end of 1983 because of an act that happened 1982, I lived all my life in Egypt, and i was born in Egypt (not resident or settled in UK), but I am currently in the UK I have been there for 1 month. I will rent a flat for 2.5 months
My wife is Egyptian and has been in the U.K for 1month with me (she holds a visitor’s visa 6month visa) and she gave birth to my baby in the U.K

Is my son eligible for British Nationality? Under Section 1(3) OR is there any extra requirements for my son to be British, like his parents should be settled or resident in the UK (not only present with British nationality)?

please check this site
http://www.ukba.homeoffice.gov.uk/britishcitizenship/othernationality/Britishcitizenship/borninukorqualifyingterritory/

If you were born in the United Kingdom on or after 1 January 1983

If you were born in the United Kingdom on or after 1 January 1983, you are a British citizen if at the time of your birth one of your parents was:

* a British citizen; or
* legally settled in the United Kingdom.

is there any extra requirements for my son to be British, like his parents should be settled or resident in the UK (not only present with British nationality)?
Can you confirm that you hold a british passport ? You were registered as a British citizen as a result of the 1982 Act?
Customer: replied 5 years ago.
yes i hold a british red passport, i am british by decent only from a british mother, i was neither born or lived in the uk for 3 years, i have an egyptian marriage certificate, i became british year 1983 due to the Act in 1982
Thanks i just wanted to check that you were registered rather than just entitled to register. In that case as your so was born here and you are a british citizen then he is a british citizen as of right . All you have to do is apply for a passport. You will need to submit evidence of your citizenship by sending a copy of your passport
Customer: replied 5 years ago.

my wife has a 6 months visit visa, we are only present in the UK, my wife and i are not settled in the UK, as she does not have a settled status or ILR,

A Lawyer once told me that i have to be Resident, meaning that i should be living in the UK for at least 6 months of the year. (Often referred to as 'habitually resident').

Also the same lawyer told me, "If the child's parent becomes SETTLED in the UK, the child would be entitled to register as a UK National, As i am not SETTLED, the child would not automatically obtain UK Citizenship."

He Literally interpreted the Section 1(3)

Section 1(3) applications - children born in the United Kingdom to parents who are now settled in the United Kingdom

If the child's parent has become settled in the United Kingdom or becomes a British citizen, the child will have an entitlement to register as a British citizen. This registration would be under section 1(3) of the British Nationality Act 1981.

http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/children/britishcitizen/borninuk/

but the other site is quite different saying

If you were born in the United Kingdom on or after 1 January 1983

If you were born in the United Kingdom on or after 1 January 1983, you are a British citizen if at the time of your birth one of your parents was:

  • a British citizen; or
  • legally settled in the United Kingdom.

http://www.ukba.homeoffice.gov.uk/britishcitizenship/othernationality/Britishcitizenship/borninukorqualifyingterritory/


Is there any extra requirements for my son to be British, like his parents should be settled or resident in the UK (not only present with British nationality)?

Or being born in UK + father British (not resident and not settled)= British Son

Also if my wife is alone in UK (without me)would it differ? i.e I am not present.

s1(3) is not relevant . your son does not have to be registered. He is a British citizen by virtue of s1(1) of the act. The second link you provided is correct. The first link is about children whose parents subsequently become settled it is not relevant to your circumstances. As I have already told you your son is a British Citizen nothing further requires ot be done other that you prove that you were a citizen at the time of his birth. You do not need to register him as a citizen . I assume you registered his birth and have a birth certificate. That and a copy of your passport is all you need to obtain a passport for him.
Senior Partner and other UK Immigration Law Specialists are ready to help you
Customer: replied 5 years ago.
you are the best, is there any way i can request you to answer my questions when i access this site?
thank you of course you can request me if i am online ,I believe when you pose a question you can select the expert you want.

Good luck

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