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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7617
Experience:  UK solicitor
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A father living in France and born in France, whose father

Resolved Question:

A father living in France and born in France, whose father was English and his mother French has a 20 years old son born in France; he wishes to ensure dual nationality, franco-british for his son, so that his son will be exactly like him in respect of nationality.
How can he reach this goal, please ?
Submitted: 2 years ago.
Category: Family Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
I suspect it will be difficult.
Does the son presently hod French citizenship?
Kind regards,
Tom
Customer: replied 2 years ago.

Yes the son has French citizenship

Expert:  Thomas replied 2 years ago.
Hi,
Okay.
Did his father live in the UK for any period at all before the son's birth?
Did his father live in the UK for any period at all after the son's birth?
Kind regards,
Tom
Customer: replied 2 years ago.

The father lived in Jersey and England over a period of 5 years before the birth.

The father did not live in UK after the son's birth.

Expert:  Thomas replied 2 years ago.
Okay, great.
Within a continuous 3 year period when the child's father was in the UK, did they leave the UK for more than 270 days?
Kind regards,
Tom
Customer: replied 2 years ago.

no

Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Because the child’s father was born outside the UK themselves this means that the child does not automatically. This means that the only way that he could have quickly obtained UK citizenship would be for his father/mother to have made an application to register him under s3(2) of the British Nationality Act 1981.
They could have done this before he was eighteen because of the period of time that the child’s father lived in the UK.
However, now that the child is over 18 he is no longer a minor. This means that there is no automatic right to apply for registration.
Unfortunately, this means that the son in question will not be able to apply automatically and the application would be refused.
At the moment the only way that he could become UK citizen is by having a5 year period of residence in the UK under EEA rules , then applying for Permanent Residence and then applying to naturalise as a UK citizen.
I am sorry.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
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