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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10534
Experience:  Barrister 17 years experience
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Seeking UK citizenship registration /Passport for my 3 yr

Resolved Question:

seeking UK citizenship registration /Passport for my 3 yr old daughter born in Kenya (2013) to a British Father and Kenyan mother. (Married since 2015)
Wife and daughter currently in Malta with me and have EU Residency cards
Kenyan Birth Cert shows me as the father and I was born in the UK (1950) and have a current UK passport
Please advise if you assist. How long the process takes? How it is achieved? And at what cost?
Thank you
Sean Culligan
Submitted: 10 months ago.
Category: Law
Expert:  Buachaill replied 10 months ago.

1. Dear Sean, you need to register the Kenyan birth of your daughter with the British authorities. The application fee is GBP 936. Here is a link to the UK Government website which explains the process and has a link for form MN1 upon which you make the application. https://www.gov.uk/register-british-citizen/children-born-outside-uk

Expert:  Buachaill replied 10 months ago.

2. The usual time period for this registration to occur is about six weeks. You will need to send the Kenyan birth certificate and your own Birth Certificate with the application.

Expert:  Buachaill replied 10 months ago.

3. Citizenship is obtained by descent under section 3 of the British Nationality Act. However, be aware that you need to spend 3 years in the UK during the time period from 3 years before the child is born until the child is 18. This residency requirement is necessary in order that the child obtain British citizenship.

Expert:  Buachaill replied 10 months ago.

4. Please Rate the answer as unless you Rate the answer your Expert will receive no payment for answering your question.

Customer: replied 10 months ago.
Please advise. The leaflet MN1 indicates that I am A British citizen "other than by descent"
Your comment, and the leaflet seems to imply that the 3 year uk residency applies to applications from British citizens "by descent "
Can you please clarify ?
ThanksSean
Expert:  Buachaill replied 10 months ago.

5. If you weren't born a British citizen, then you would be a British citizen "other than by descent". In such a situation, your child could not obtain british citizenship if she were born outside the UK. However, you stated that you were "born in the UK". If you had one british citizen parent, then you would be a British citizen by descent. If this is not the case, then your daughter could not claim British citizenship.

Expert:  Buachaill replied 10 months ago.

6. Your daughter will have to live in the Uk for five years continuous residence if she is to obtain british citizenship in this situation.

Customer: replied 10 months ago.
sorry . I misunderstood the leaflet. I was born on the uk to two British citizen parents. So I am a British citizen by descent?
Expert:  Buachaill replied 10 months ago.

7. You are a British citizen by descent in that circumstance. So your daughter will obtain British citizenship if you spend three years in the UK before she is 18, or if you spent three years in the UK before she was born.

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