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Discussion Starter · #1 ·
Hi, so I found the following information:

https://www.gov.uk/register-british-citizen/born-before-2006-british-father

I was born in SA. My parents were married before i was born and my father is a british citizen.

Now I recently came to the UK on a 5 year ancestry visa. I relocated with my family in April.

My understanding from the link above is that I would have become a british citizen automatically because my parents were married if I was born to a british father prior to 2006. I was born in 1976.

Now my question is, how do i go about claiming this citizenship? When I read the UKF guidance notes it only mentions "if your parents were not married"...so which form would I complete if they were married and how much would it cost?

It says i could apply for naturalisation if I am already living in the UK, but would I then have to wait 5 years? I know that my family will not qualify at this point, but if i can get citizenship/passport now then I would like to claim it now.
 

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Was your father British otherwise than by descent, i.e. born, adopted, registered or naturalised in UK? Then you are British from birth and can just apply for British passport. If he is British by descent, you've missed the boat as you are now over 18. But you can still be naturalised as British.
 

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Discussion Starter · #3 ·
Hi Joppa, my father was born in the UK. He has dual citizenship after moving to South Africa since he was a little boy. I have his birth certificate as well as his parents and their marriage certificate. I also have my parents marriage certificate.

Do I need to notify South Africa that I am applying for a UK passport and that I want to hold dual citizenship?
 

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So you have been British citizen from birth (by descent), meaning you can apply for your passport now. Any children you may have born outside UK won't be automatically British, but they can gain citizenship through registration in certain cases (e.g. you have lived in UK for 3 years prior to their birth, or you have lived with them in UK for 3 years before turning 18).
I am no expert on SA nationality law, but I don't think you need to do anything to apply for British passport, as you have been dual national from birth. You must use SA passport to enter and leave SA.
 

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Discussion Starter · #5 ·
Hi Joppa,

While i was digging now, I did find that you must first notify SA of my plans to apply for dual citizenship and provide them with a Letter of non acquisition of British nationality, but this is a little confusing because if I have been a British citizen by decent then I'm not really applying for citizenship am I, because I already am, but I am applying for another passport from another country? So, then do or don't I notify them?

Thanks for the help.
 

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Rather than start a new thread, my questions are based around this, so I thought I'd ask them here. I hope that's seen as good rather than hijacking a thread! :)

The recent changes to the UK Immigration Act impact me directly. I've long been one of those denied British citizenship because my parent's weren't married. As I understand it, UKF is my friend and all I need do is fill it out and submit it with supporting documents.

*However* - and it's a big however - I've been here in the UK with my daughter for 4 years now on an Ancestry visa. This is fine because, at the time of application, the situation was such that I didn't qualify for citizenship. The issue at hand right now is around my daughter's status. My daughter is on my visa and turned 18 a few months ago; we'd been here for a little more than 3 1/2 years when she turned 18.

I've been warned that if I, as is my entitlement right now, apply for registration as a British citizen, then she might not qualify for ILR on her own next year.

The plan, until the changes earlier this summer, was to apply for ILR approximately this time next year and then naturalisation the following year.

Obviously, if I can spare myself the cost of the ILR application, it's much better for me financially. It's just the two of us, so it's not like the money is inconsequential.

Does anyone know the ins/outs of this part? I can't find any information specific to this situation and, as is to be expected, the Home Office still don't have their ducks in a row on this one.

Advice or directions to documentation gratefully received.

Thanks!!
 

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First about your daughter. As she is now 18, she has to qualify for ILR and naturalisation in her own right. So 5 years in UK, passing the Life in the UK test and ILR, and naturalisation the following year. This is regardless of your claiming citizenship by descent.
As for you, you have a choice of registration on form UKF, which gives you citizenship by descent, or naturalisation after 6 yeas like your daughter, giving you citizenship otherwise than by descent. For UKF you only pay for citizenship ceremony of £80, and for naturalisation £1,005. Big difference, but you may find the extra fees for naturalisation justified because of citizenship otherwise than by descent, which gives any of your children to be born outside UK British citizenship.
 

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First about your daughter. As she is now 18, she has to qualify for ILR and naturalisation in her own right. So 5 years in UK, passing the Life in the UK test and ILR, and naturalisation the following year. This is regardless of your claiming citizenship by descent.
As for you, you have a choice of registration on form UKF, which gives you citizenship by descent, or naturalisation after 6 yeas like your daughter, giving you citizenship otherwise than by descent. For UKF you only pay for citizenship ceremony of £80, and for naturalisation £1,005. Big difference, but you may find the extra fees for naturalisation justified because of citizenship otherwise than by descent, which gives any of your children to be born outside UK British citizenship.
Thanks Joppa.

I'm not worried about citizenship by descent, my daughter is the only one and she's 18 already so pretty much on her own in that regard.

Another question for you though, in a weird 'history repeating itself' sort of way, her father is also British but we were never married, so she *might* qualify to use UKF as well. The caveat, and where my knowledge falls down, is that he was born abroad. His parents are both British and they *were* married, he has a UK passport, etc and I know that his birth was registered immediately. The family came back to the UK when he was still a child and he grew up here but having been born abroad, I'm not sure though if he can pass his British citizenship on?

Do you know? Again, as usual, I've found conflicting information on-line.

Thanks again for your advice, it's really appreciated!
 

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Your daughter could have registered as British under Section 3(2) - born abroad of a British citizen by descent, who spent 3 years in UK prior to the child's birth. But only up to the age of 18, so she has missed the boat.
 

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We were told that because her father and I weren't married that she did not qualify. She turned 18 shortly before the Immigration act was changed.

Thanks again for the info Joppa. :)
 

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Yes, and I wasn't sure when she turned 18. The law changed on 6th April 2015 with the coming into force of 2014 Immigration Act.
 

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Can children who are born to a British by descent father and who have been living in the UK for 3 years on settlement visas still apply to be registered as British?
 

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Under Section 3(5) if they live with both their parents in UK and are under 18. It can be only with one parent if the other parent has died or the parents have divorced. Both parents must give consent to their registration and they become citizens otherwise than by descent. During the 3 years, they must not have been absent more than 270 days (there is no discretion to allow longer absences).
 

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Under Section 3(5) if they live with both their parents in UK and are under 18. It can be only with one parent if the other parent has died or the parents have divorced. Both parents must give consent to their registration and they become citizens otherwise than by descent. During the 3 years, they must not have been absent more than 270 days (there is no discretion to allow longer absences).
Yes so applying in 2 weeks for flr (m). Then next March I do there mn1 register. Just reading the supporting documentation. We are unmarried and our daughter was born in May 2004, we can't supply marriage certificate. But I've just re read and don't think applying under the category 3(5) requires us to be married at time of birth?
 

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For unmarried parents, you have to apply for registration under Section 4F. Other conditions for Section 3(5) remain. Also ensure you have two referees lined up. As she is over 10, she has to meet the 'good character' requirement.
 

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For unmarried parents, you have to apply for registration under Section 4F. Other conditions for Section 3(5) remain. Also ensure you have two referees lined up.
Confused. Would I still use section 3(5) daughter born 2004 and our son 2008. Their dad is British by descent.
 

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Yes under 3(5) but they qualify under Section 4F amendment to British Nationality Act which came into force earlier this year. You just apply in the normal way, and the fact they qualify under 4F provision becomes obvious from the details you give about their parentage, i.e. father not married to their natural mother but all are living in UK. You have to apply separately for each child and pay £749 each.
I suggest you use nationality checking service (offered by many local councils) to lodge your application, as they hand back passports after making copies and they go through the form together to ensure it's filled correctly.
As a matter of interest, your son qualifies because he was born after 1st July 2006, but your daughter can only register after the act has been amended this year, or register at Home secretary's discretion.
 

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Yes under 3(5) but they qualify under Section 4F amendment to British Nationality Act which came into force earlier this year. You just apply in the normal way, and the fact they qualify under 4F provision becomes obvious from the details you give about their parentage, i.e. father not married to their natural mother but all are living in UK.
got you.., just re read that section. Would it be a good idea to include copies of their grandparents marriage and British birth certificates?
 
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