Originally Posted by
Lascaille
I think you misunderstand the situation.
Follow the link to the form MN1 guide, there are substantially more exemptions than that. As a person born outside the UK (and currently outside of the UK) I have looked into this.
Basically, if you have lived in the UK for 3 years _ever_ in your life before having a child born abroad, and are a 'British citizen by descent' your child is elegible to receive british citizenship by registration unless your parents were also British citizens by descent.
https://www.gov.uk/government/public...tizen-form-mn1
The following words copied from Page 10 of the MN-1 form PDF:
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To qualify under this section, the parent who is British by descent must have been born to a parent who was a British citizen otherwise than by descent (or if that person died, then they would have been a British citizen otherwise than by descent but for their death).
The British citizen by descent parent must have lived in the UK (or, if the child was born on or after 21 May 2002, in a British overseas territory) for a continuous period of 3 years at any time before the child’s birth. During that period they should not have absences exceeding 270 days. The application must be made whilst the child is under 18 years of age.
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You are absolutely correct, the citizenship is given under Section 3.2 of the 1981 British Nationality Act.
https://www.legislation.gov.uk/ukpga/1981/61/section/3
I worked in Bahrain in the early 1970's and had a son born and registered with the British Embassy there. We returned to the UK and he then went abroad again after about 4 years. Although we didn't know it at the time he was registered as British by Descent even though he was born before the 1981 Act.
We have just managed to get citizenship for his children under that Act however in spite of help from my MP the Home Office failed to point it out. They are a shambles and that is what the problem is with Windrush.