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When is the right time to apply for British Citizenship for

my children who were born...
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.
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Answered in 10 minutes by:
6/3/2013
Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7,626
Experience: BA (Hons), PgDip, Practising Solicitor
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Hi,

When were your children borjn please?

What nationality are you?

What nationality is the children's other parent?

Tom
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Customer reply replied 4 years 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

Okay.

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

Tom
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Customer reply replied 4 years ago


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


 


Gift

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
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Customer reply replied 4 years ago


Hello Tom,


 


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


 


Kind regards

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
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Customer reply replied 4 years ago


Hello Tom,


 


Following your response in regards my kids 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

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Customer reply replied 4 years 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

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Customer reply replied 4 years 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

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Customer reply replied 4 years 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

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Customer reply replied 4 years ago


Many Thanks Tom.


 


Have a lovely day.

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