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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7617
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am a british citizen and my daughter who is 13 years old

Resolved Question:

I am a british citizen and my daughter who is 13 years old has an indian passport. we are currently residing in the uk. Both my wife and daughter are living in uk with settlement visas since last year. Does my Daughter qualify for british citizenship?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
How did you obtain UK citizenship?
Where and when was your daughter born please?
Kind regards,
Tom
Customer: replied 2 years ago.

I was born in 1961 in Nyasaland ( a British Protectorate). I got my citizenship through my father . My daughter was born in Malawi in 2002

Expert:  Thomas replied 2 years ago.
Hi,
Do you mean that you have a full uk passport and NOT a British Overseas Passport or British Subject Passport?
Did you obtain your citizenship before your daughter's birth?
Kind regards
Tom
Customer: replied 2 years ago.

Hi,

Yes I have a full British Passport. Yes I obtained the citizenship before

my daughter's birth.

Regards,

Dilip

Expert:  Thomas replied 2 years ago.
Hi Dilip
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If it is the case that you were born outside the UK and obtained your UK citizenship from your father, then you have uk citizenship “by descent”.
Citizenship is only permitted to descend one generation. So, your father’s citizenship has already descended once to you. This means that you cannot automatically pass on your citizenship to such of your children that are born outside the UK.
Therefore, your daughter does not automatically qualify for UK citizenship at the moment.
A minor child born outside the UK can apply for registration as a UK citizen under section 3(5) of the british nationality act:
http://www.legislation.gov.uk/ukpga/1981/61
In order to be eligible the child’s parent must have been a UK citizen by descent at the time of the child’s birth outside the UK AND have since lived in the UK for a period of three years without leaving the UK during the 3 year period for more than 270 days.
So, if you are a UK citizenship by descent then you can apply to register your child as a UK citizen once she has been in the UK for three years in total providing that you have been here with her and neither of you spends more than 270 days outside the UK during the three year period.
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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