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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am a British citizen by descent born in Tanzania in 1968

Customer Question

I am a British citizen by descent born in Tanzania in 1968 born to British parents who are citizens through naturalisation. I have lived in the UK over various periods in my life, the longest being between 15 to about 35 years old, I have been an ex***** *****ving in Thailand for the past 10 years or so.
My thai wife is pregnant and after looking at citizenship criteria, it looks to me as if I can register my child to be a UK citizen using form MN1 under section 3(2) if the child is born in Thailand. Is my understanding correct?
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
A bit more detail. My father was born in 1937 in Mombasa, Kenya, as a British protected person. He then became a British citizen in 1962 under section 6 of the British Nationality Act 1948 while living in Uganda. My mother was a Tanzanian citizen who acquired British citizenship by marriage with my father in 1965. Sometime after 1972 my father's status was changed to British Overseas citizen and my mother's remained the same. Then in 2008-9 my father obtained British Citizenship again.
Expert:  Thomas replied 1 year ago.
Hi
Thanks for your patience
During your time in the uk, did you have a three year period where you did not leave the uk for more than 270 days?
Kind regards
Tom
Customer: replied 1 year ago.
If you mean 270 days in total in a consecutive 3 year period, yes certainly.
Expert:  Thomas replied 1 year ago.
Hi,
Thanks. I will be able to answer in full at around 9.45 (I'm just on my way to work)..
Tom
Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Provided that you were a full UK citizen ( all be it you may have obtained your citizenship by descent) then you should be able to register your charge under section 3 (2) British Nationality act 1981.
Obviously, you have to be able to meet the requirements of section 3 (3) British Nationality act. This is why I asked you whether you have a period of residence before your child was born in the UK where you did not leave during that 3 year period for more than 270 days. Provided this is the case you can apply for your child to be registered as a UK a citizen under this section.
You have identified the correct form to apply for their registration as a UK citizen. You will have to prove the facts of your birth, your child’s birth and your parents birth. You will also have to prove the facts of th e 3 year period of residence which you will be relying on period.
I assume due to the passage of time it may be difficult to gather documentary evidence showing your period of residence in the UK at this time and also the number of days you were absent from the UK. If you have a number of different 3 year periods to select then I would select the one that you hold the most documentary evidence in addition to this, I would suggest that you attend a solicitor and ask for them to prepare a statutory declaration, which is a sworn statement under law. The statutory declaration should declare your 3 year period of residence in the UK and give as much details as you can about what you were doing at the time. It should also confirm that the number of days that you left the UK were less than 270.
Provided that you are able to do this you should be able to register your child as a UK citizen .
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
Customer: replied 1 year ago.
In terms of documentary evidence, would a passport be good enough as supporting evidence? It would show entry and exit stamps to foreign countries. I think in the late 1980s and 90s you still got a stamp if you traveled to EU countries. Unfortunately from about 1999 onward I started to offshore so I was usually absent from the UK about half the year, until 2005 when I became an expat. Is there any leeway given in this regard as I was absent because I was working, as far as I can see there is not.Secondly, providing we meet all the criteria set out in the form, is there any chance they can refuse citizenship?Finally, what is the earliest age I can register my child?
Expert:  Thomas replied 1 year ago.
Hi,
Yes, a passport would be very useful in these circumstances provided that it related to before your child was born (I may have forgotten to mention the 3 year period must be before the child was born)
There is no leeway for absence due to work.
You can register the child at any age but must do so whilst they are a minor.
Provided you meet the criteria and are able to produce adequate evidence then the chances that they would refuse are negligible.
PLease remember to leave feedback.
Tom
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Customer: replied 1 year ago.
Thanks very much.
Expert:  Thomas replied 1 year ago.
You're welcome/