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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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I am a British Citizen living in South Africa. I lived in

Customer Question

I am a British Citizen living in South Africa. I lived in the UK for 3 straight years and I would like to know if my children can get British Citizenship?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.

Hi,

Where and when were you born?

Where and when were your children born please?

Tom

Customer: replied 1 year ago.
I was born in South Africa in on 28/12/1971.My children were born in Namibia on 10/11/2005 & 01/06/2007.My mother was born in England 06/06/1942 and that is how I got my citizenship. My husband is also a British Citizen and got his through his mother who was born in Scotland. We both lived in the UK from 1998-2002 and we own property in London. We both are registered with National Insurance and we are paying up our insurance now. My husband has money in a pension scheme as well.
Expert:  Thomas replied 1 year ago.

Thanks. Drafting your answer now. 5 min please..

Expert:  Thomas replied 1 year ago.

Hi

Thanks for your question. I will try to help.

You are a Uk citizen by descent because your citizenship was obtained as a result of you being born outside the UK and receiving it from your mother.

This means that your children may be able to become UK citizens but not automatically. It means that you must apply to register them as UK citizens first and then they can apply for a passport after they have been registered as such.

S3(2) of the British Nationality Act 1981 (http://www.legislation.gov.uk/ukpga/1981/61) confirms that a child may be registered as a UK citizen if one of their parents was a UK citizen by descent (ie. you) and the father or mother of the parent (ie. your mother) was a UK citizen otherwise than by descent (which your mother will be if born in the UK before 1983) and if you have lived in the UK for three years before your children were born and that you did not leave the UK for 270 days or more within this three year period.

So, provided that between 1998-2002 you lived in the UK for three years without leaving for more than 270 days then you should be able to register them as UK citizen provided that you make the application now before they cease being minors.

You would have to prove the facts of the case and 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. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 1 year ago.
Thank you. How would we prove that we did not leave the country for longer than 270 days during that period?
Expert:  Thomas replied 1 year ago.

Hi,

You would have to consult your records and work out a chronology as best as you can.
Then you would probably have to execute a statutory declaration or affidavit confirming the time line and referring to any documentary evidence that you have been able to find which corroborates the time line and ultimately swear under law that you were not absent for 270 days from the UK.

Please remember to leave feedback.

Tom

Expert:  Thomas replied 1 year ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for your advice it was extremely helpful.
Customer: replied 1 year ago.
I am satisfied and have no more questions at the moment
Expert:  Thomas replied 1 year ago.

Thanks. Good luck.

Customer: replied 12 months ago.
Hi TomCan I ask you another question about this matter please?Regards
Patricia
Expert:  Thomas replied 12 months ago.

HI Patricia,

Provided it is directly relate to your original question, yes do ask..

Tom

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