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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Good morning. My parents are both British and I was born (and

Resolved Question:

Good morning.
My parents are both British and I was born (and still live) in Germany. I have a Briish passport. I married my German girlfriend and our son was born in Cologne last March.
Can I apply for a British passport for my son.
Thank you
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
Were your parents born in the UK before 1983?
Have you lived in the UK prior to your son's birth for any three years continuously during which you did not leave the UK for more than 270 days?
Kind regards,
Tom
Customer: replied 2 years ago.

Hi Thomas

Both my parents were born in the UK prior to 1983

Yes - I lived and went to school in the Uk from1980 to 1988

Kind regards

Peter

Expert:  Thomas replied 2 years ago.
Hi Peter,
Thanks. Drafting your answer now. 5 mins please.
Tom
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
You are British by descent. This means that you cannot automatically pass on your citizenship to your children. This means that they cannot apply for a passport automatically.
However, you appear to be eligible to apply to have them registered as UK citizens, which is different from applying for a passport. Once you have registered them as UK citizens they will get a certificate of registration , which you can then use to apply for passports for them.
They appear to be eligible for registration under section 3(2) of the British Nationality Act 1981. You will see this here:-
http://www.legislation.gov.uk/ukpga/1981/61
Provided that they are born to a parent who is a UK citizen by descent (ie. you) and you spent a period of three years in the UK before their birth and did not leave the UK for 270 days or more witnin this period) then they are eligible.
You will have to apply using form MN1 :-
https://www.gov.uk/government/publications/application-to-register-child-under-18-as-british-citizen-form-mn1
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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