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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
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Experience:  English solicitor with over 12 years experience
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Hi, my husband is currently serving british army force n now

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Hi, my husband is currently serving british army force n now in brunie . my baby was born in brunie n i applied for british citizenship but it was rejected .In the letter it says under sections 3(1)of the british nationality Act 1981 neither of parents us is british citizen n my husband is not currently in uk .i am also ILR holder n the ILR no was also written in the MN1 form n the letter stating my husband is serving  currently british force plus copy of marriage certificate ,baby birth certificate.i paid around 700£ and also not refundable what should i do now .

Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,
The correct section is 4(D) of the British Nationality Act 1981, not section 3(1) in your case.
You may submit a reconsideration application which costs £80, using form NR, see below
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/257279/form-nr.pdf
The guidance for S 4(D) applications is as follows:
Children born abroad to a parent serving as a member of the UK armed forces – Section 4D application
A child will come within this category if:
• The child was born on or after 13 January 2010, and
• The child was born outside the UK and the territories listed on page 8 of this guide,
and
• Both parents 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)
For the purpose of this guide, and application form MN1,“member of the armed forces” means:
• a member of the regular forces within the meaning of the Armed Forces Act 2006, or • a member of the reserve forces within the meaning of the 2006 Act subject to
service law by virtue of section 367(2)(a)-(c) of that Act.
However, a person is not regarded as being a “member of the armed forces” if, for example, he or she is:
• a member of the forces raised in a British overseas territory who is serving, or undergoing training, with the UK armed forces, or
• a member of another country’s armed forces who is attached to the UK armed forces (e.g. as part of a coalition force)
So if your baby qualifies for registration in accordance with the above requirements, you should apply for a reconsideration.
Good luck
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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