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Hi

Me and my wife obtained British Citizenship by living in the UK for 8 years.
We had two babies there and both as we are duel citizens of UK and SA.

We moved back to SA in January 2014

We recently had one more addition to our family, but now things look to be n bit complicated to get him registered ( Birth and Passport ) in the UK.

I found these links and they bare either bad news or confusing information.


Can someone please shed some light on this situation please.



Form: www(dot)gov.uk/government/uploads/system/uploads/attachment_data/file/417565/mn1_form_mar_2015.pdf

Guidance: www(dot)gov.uk/government/uploads/system/uploads/attachment_data/file/431290/MN1_Guide_June_2015.pdf


Section 3(2) To qualify under this section, the parent who is British by descent must have been born to a parent who was a British citizen otherwise than by descent (or if that person died, then they would have been a British citizen otherwise than by descent but for their death). The British citizen by descent parent must have lived in the UK (or, if the child was born on or after 21 May 2002, in a British overseas territory) for a continuous period of 3 years at any time before the child’s birth. During that period they should not have absences exceeding 270 days. The application must be made whilst the child is under 18 years of age. The 3 year residence requirement for the parent does not need to be met if the child is stateless. An example of a child who qualifies under section 3(2) is as follows:  The child’s maternal grandfather was born in the United Kingdom in 1949.

 The child’s mother was born in France in 1970 (and is a British citizen by descent). She lived in the United Kingdom from September 1989 to September 1992 (and was not outside the United Kingdom for more than 270 days during that time).
 The child, born in France in 2009, is not a British citizen but can be registered under section 3 (2) 10 It is important to note that a child registered under this section will be a British citizen by descent and unable to pass British citizenship automatically by descent to any of their children born abroad.

A child registered under section 3(5) (see below) will be a British citizen otherwise than by descent: any of their children born abroad will be British by descent. If the family are living abroad, parents will need to decide whether to apply under this section. Or, if there is a possibility that they may return to live in the UK or a British overseas territory before the child reaches age 15, whether to wait and apply under section 3 (5). You should indicate that you are aware of this by ticking section 3.16 of the Form MN1.


Section 3 (5). To qualify under this section the child and their mother and father should have lived in the UK (or British overseas territory (see page 8) if born after 21 May 2002) for a three year period ending with the date the application is received. And the child and their parents should be physically present in the UK or a British overseas territory at the start of that period. The child and their parents should not have been absent from the UK (or the British overseas territories if appropriate) for more than 270 days during the 3 year residential period. There is no discretion to disregard absences greater than 270 days. If the parents’ marriage or civil partnership has ended or they are legally separated then only the child and one parent has to satisfy the residence requirement. Both parents must consent to the child being registered as a British citizen. If one of the parents has died then only the consent of the surviving parent is required. A child registered under this section will be a British citizen otherwise than by descent.
 

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Don't over complicate this, these rules are meant to cover a thousand possibilities of children born to UK Citizens outside of the UK. Get the child's birth registered at a UK embassy ASAP and then also in SA. The child takes on the nationality of naturalised British parents for this first generation only iow your grandchildren won't automatically be UK citizens if they are born outside of the UK. Do the practical bits first that will bring clarity to the whole situation. Good luck.
 
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