Immigration & forces brats born abroad

[sky9]

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.

-----

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.

[bspatz]

My birth certificate was issued by HQ 205 group MEAF showing my birth at the RAF Hospital married families wing Abyad and signed by a squadron leader with the informant given as a Wing Commander from RAF Shallufa. I suspect there are not too many around and have often said that it might eventually be of interest to the RAF museum! However I have never encountered any problems with immigration.

[oldboffin]

I had problems getting my first passport and security clearance. The problem was not that I was a service brat born at Wegberg, but my father was also a service brat being born in India . I recall that was some sort of loophole in a new nationality act. If I recall correctly, the upshot was a waiver was issued by the Home Office for such cases as mine. I believe that a retired colonel demanded that the act be changed rather than the waiver, fighting his case mainly in the letters column of the telegraph

[Mil-26Man]

Here’s a forces brat nationality question that comes a bit out of left-field: Can a British Forces brat born overseas qualify for an Irish passport?

Here’s my thinking – if you are born on a British overseas base you are issued with a UK birth certificate, and so you are officially from the UK.

UK = being either English, Scottish, Welsh or Northern Irish, but in being born outside of the UK you will have none of those nations listed on your birth certificate.

Now, that being so and given that you have to be from one of the four constituent countries by definition of being ‘British’, can you elect which part of the UK you wish to be from?

If so, could you elect to be from Northern Ireland and so qualify for an Irish passport?

Asking for a friend…

[ExAscoteer]

Pontius, that's not strictly true.

Prior to the Good Friday Agreement, the Constitution of Eire (the 26 Counties) claimed dominion over the 6 Countie of Northern Ireland. That meant, those of us born in NI were offered dual citizenship should we wish to take it up.

I hold both UK and Irish passports.

[ORAC]

Twitter

[Asturias56]

"Prior to the Good Friday Agreement, the Constitution of Eire (the 26 Counties) claimed dominion over the 6 Counties of Northern Ireland. That meant, those of us born in NI were offered dual citizenship should we wish to take it up."

The GFA didn't change anything - anyone who has a grandparent born in either the Republic or N Ireland can still apply for a Republic birth certificate and once you have that an Irish Passport.

the paperwork is pretty heavy as you have to get copies of births deaths and marriages certificates to prove line of descent. Pre Covid it took about 6-8 months to get the Birth Cert and then about 3 months to get the passport.

Everything was b put on hold 15 months ago so there is an enormous backlog waiting when they do restart

So if you are thinking of it start right now. A colleague of mine always said you can't have too many passports in these troubled times.

Note I don't think that this allows you to pass on citizenship or get a passport of the Republic for your children or spouse if they themselves have no connection to the Republic or NI

[Ninthace]

Originally Posted by ORAC

https://twitter.com/andynetherwood/s...540105729?s=21

If borne out by the facts - someone else should be losing their job too!