How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Immigration Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

Hello. I am a British citizen born in the UK. My daughter was

This answer was rated:

Hello. I am a British citizen born in the UK. My daughter was born in the Philippines in 1984 and became British by descent. She in turn gave birth in the Philippines to my granddaughter Anna in May 2006. Anna is illegitimate and holds only a Filipino passport. Our family moved back from the Philippines to settle in the UK in May 2010. Anna was given a settlement visa valid only until July 2012. We applied for Further Leave to Remain for Anna prior to the expiry of her visa but as of now, over 12 months later, no decision has been made by UKBA. Given that Anna has already met the 3 year residency requirement together with her mother and she has the necessary references etc., can we go ahead and apply for citizenship for her? This despite the fact that her passport and other supporting documents are still with UKBA? Thank you

Has the application for FLR been acknowledged by the UKBA?

Customer: replied 4 years ago.


Yes, we did biometrics for Anna in February of this year



Hi Colin,

During any time prior to your grand-daughter's birth, did you daughter reside in the UK for a period of three years?

Customer: replied 4 years ago.

Hi Tom,

No, we have always lived in the Philippines.



Hi Colin

Thanks for your patience.

I assume that you are referring to registration under s3(5) of the British Nationality Act:
Which you might have seen here on the UKBA’s (not quite as detailed) webpage:-

If it is the case that your granddaughter and daughter have now been in the UK for a period of three years and their total absences during this three year period do not exceed 270 days then your granddaughter would have a right to register as a UK citizen. As she is illegitimate then those references should be read as references to your daughter, as her mother.

On this basis provided you are able to prove this then she should be registered as a UK citizen under this section of the Act.

The UKBA are a mess. I presume that you will need the documentation submitted with the application in order to make the application.

The slight problem is that they may not (as plainly ridiculous as it sounds) release the documentation back because she no longer has leave to remain. My advice would be to instruct an immigration solicitor to write to the UKBA advising of your wish to withdraw the application and referring to the relevant section of the act and demonstrating your grand-daughter’s eligibility for registration so that they can release her documentation.

They should then release the documentation to you so that your daughter can make the application.

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,


Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 4 years ago.

Hi Tom,

This is good advice--thank you so much:)




No problem. Thank you for rating my answer.

Good luck.