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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6261
Experience:  BA (Hons), PgDip, Practising Solicitor
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When is the right time to apply for British Citizenship for

Customer Question

When is the right time to apply for British Citizenship for my children who were born in the UK under the following section of the Act?

Thanks for your time.

Section 3(1) applications - children born in the United Kingdom to parents who are not settled in the United Kingdom and are not British citizens

Registration in this category will be at the Home Office's discretion, if the Home Office believe it is reasonable under the circumstances and will be under section 3(1) of the British Nationality Act 1981. There are no formal requirements the child needs to meet providing they are under 18 at the time of application and are of good character if they are over 10 years of age. The application should be accompanied by as much evidence as possible to show us why the child should be registered as a British citizen.
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi,

When were your children borjn please?

What nationality are you?

What nationality is the children's other parent?

Tom
Customer: replied 1 year ago.


Hi Tom,


 


I have got 2 kids. My first was born on the 16th of December 2010 (2yrs). The little one is 1yr old (born on 8th May 2012).


 


My self and my husband are both Nigerian.


 


Gift

Expert:  Thomas replied 1 year ago.
Okay.

Have either you or your husband obtained Indefinite Leave to Remain?

Tom
Customer: replied 1 year ago.


Not yet. As advised earlier, I am looking to apply for the new Tier 1 Entrepreneur visa.


 


Gift

Expert:  Thomas replied 1 year ago.
Hi Gift

Thanks for your patience.

I’m afraid that neither of the children are entitled to UK citizenship at the present time.

If a child is born in the UK after 1983 to parents who are not UK citizens or settled in the UK (ie. holding indefinite leave to remain) then they do not acquired citizenship upon birth.

Generally, they would only be eligible for UK citizenship when either parent becomes settled in the UK thereafter, which means when one of the parents obtains indefinite leave to remain. They would be required to register for this under s1(3) of the British Nationality Act 1981:-
http://www.legislation.gov.uk/ukpga/1981/61
&
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/children/britishcitizen/borninuk/

The other ways open for a child to obtain UK citizen is if they have lived in the UK for the first ten years of their life. This is not open to the children now for obvious reason.

The final discretionary way is the one that you have identified. This is the catch-all option open tyo the UKBA. It gives them permission to grant citizenship to children if they consider it fit to do so. It’s not a ground used very often, usually in the most exceptional and compassionate or circumstances where there is a big human right element. I have to say that your situation is not one which I would advise an application to be made. There are no really tangible human rights argument which means that the UKBA are likely to exercise their discretion. They are not stateless. They have another form for citizenship. They have capable parents who look after them.

I’m afraid that I have to be honest and say that if you applied the UKBA would reject the application and retain the fee for it.

I am sorry.

The best way of securing citizenship in the circumstances is for you and your husband to focus on maintaining your leave to remain and then obtaining indefinite leave to remain.

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.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6261
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 3 other UK Law Specialists are ready to help you
Customer: replied 1 year ago.


Hello Tom,


 


Thanks for your advice. Please could you clarify what you meant by being stateless?


 


Kind regards

Expert:  Thomas replied 1 year ago.
Hi,

Hi Gift,

Being "stateless" is where someone is born in circumstances which mean that they do not have any form of citizenship.

For example, a refugee from their home country who has had their citizenship revoked by their home country might have children in another country. Where that country's laws do not give a right to citizenship the child would not have any citizenship at all and would therefore be classed as "stateless".

Please remember to rate my answer.

Tom
Customer: replied 1 year ago.


Hello Tom,


 


Following your response in regards XX XXXX not being eligible to register as British citizens due to an obvious reason. But a lot of people have being saying that my kids can apply to become British by Naturalisation from when they are 7 yrs old? Please advice.


 


Kind regards.


 


Gift

Expert:  Thomas replied 1 year ago.
Hi Gift,

That doesn't entitle them to citizenship. 7 years is an informal threshold which if reached means that it's more likely that not that the child will have established a human right to remain in the UK. This means that it is more difficult for them to actually be deported from the UK once they have lived for 7 years from birth in the UK but it does not give them any additional rights in terms of citizenship directly.

Tom
Customer: replied 1 year ago.


Hello Tom,


 


Are you saying they cannot apply from this age? So, what is this section saying then?


 


Section 3(1) applications - children born in the United Kingdom to parents who are not settled in the United Kingdom and are not British citizens

Registration in this category will be at the Home Office's discretion, if the Home Office believe it is reasonable under the circumstances and will be under section 3(1) of the British Nationality Act 1981. There are no formal requirements the child needs to meet providing they are under 18 at the time of application and are of good character if they are over 10 years of age. The application should be accompanied by as much evidence as possible to show us why the child should be registered as a British citizen.


 


Kind regards

Expert:  Thomas replied 1 year ago.
Hi,

Yes, that is what I am saying.

The section you have (again) quoted is the catch-all option open tyo the UKBA. It gives them permission to grant citizenship to children if they consider it fit to do so. It’s not a ground used very often, usually in the most exceptional and compassionate or circumstances where there is a big human right element. I have to say that your situation is not one which I would advise an application to be made. There are no really tangible human rights argument which means that the UKBA are likely to exercise their discretion. They are not stateless. They have another form for citizenship. They have capable parents who look after them


Tom
Customer: replied 1 year ago.


Okay Tom.


 


So, if for example, in the future we as their parents are not given right to stay or are being refused visa and our children are also to leave the UK even though they were born in the UK. If they reach this 7 years informal threshold as you explained, would they then be able to apply under the quoted section?


 


Kind regards

Expert:  Thomas replied 1 year ago.
No. Please read my replies carefully.

Reaching 7 years means it's a lot less likely they would be deported. It does not give them any additional rights to citizenship.

They would be able to apply at 10 years of age. Not 7.

Tom
Customer: replied 1 year ago.

Right.


 


So, if it is less likely for them to be deported at this age; what ground or immigration right would they be allowed to stay as if they face deportation as per by last example?


 


Kind regards

Expert:  Thomas replied 1 year ago.
It would be argued that they have established a human right to a private and family life in the UK because of the length of time they had been here (7 years).

You will agree that I have more than answered your original question now Gift. If you wish for me to answer any further questions please submit a further qusetion to the board requesting me.

Tom
Customer: replied 1 year ago.


Many Thanks Tom.


 


Have a lovely day.

Expert:  Thomas replied 1 year ago.
You too Gift.

Tom

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