18 replies to this topic

[Mariann]

Victoria, on 22 January 2013 - 09:35 PM, said:

What's the worry?

Hello Victoria, thanks for answer.The worry is because I'm the only parent living in England so I depend of the discretion of the Home Office  .

(I do have the parental consent of the biological father so I'm not worried about that )

[vinny]

In the absence of an entitlement, "by discretion" is normal in these cases. If you are worried, then do read the Chapter 9 that I earlier linked to.

[Victoria]

So get him to sign the form.

[Mariann]

Thanks a lot for your answers Victoria and Vinny I have an agreement signed by him and certified by a Lawyer allowing my kid to live in UK and get british citizenship and extend the permission as long as it needed for my kid live in the UK  untill he be 18 years old, I cant send the form to my country because that will delay the process a lot .

Should I translate the permission from spanish to english ? .

I'm glad to see that the discretion that the HO applies to grant BC seems to be just  about the agreement of the other parent  .

Edited by Mariann, 28 January 2013 - 06:36 PM.

[Victoria]

I'd say that permission document with a translation should be fine.

[Mariann]

Thanks Victoria !

[Mariann]

I'm reading chapter 9 has Vinny sugested .I found this information is very important because I was about to register my kid under section 3(1) as he qualifies for that  but I see he may qualify for section 3(5) wich is more convenient .

We have been living in UK since 2009  we don't have greater absences than 270 days so is advisable I  register him under 3(5) ?


PARTICULAR CARE

has to be taken to note cases where a minor does not have an entitlement under s.3(5), but would have such an entitlement if the family were to live in the UK or a qualifying territory (if appropriate) for 3 years. If we were to register such a minor under s.3(1), this would give British citizenship by descent. Registration under s.3(5) gives British citizenship otherwise than by descent and it might therefore be more advantageous for the family to wait until the minor met the requirements of s.3(5). If the family is in the United Kingdom or a qualifying territory, or is proposing to return to the UK or a qualifying territory to live, we should advise that it might be preferable not to proceed with an application under s.3(1), but to wait until the requirements of s.3(5) are met.

[vinny]

Does your child satisfy the requirements of s.3(5)?
3(5) requires that a parent was British by descent at the time of child's birth, etc. 3(5) may be better than 3(1) or 3(2).

[Mariann]

Thanks a lot Vinny .

I will  have to go with the 3(1) for him then, as doesn't meet the requirements for the 3 (5).

Edited by Mariann, 29 January 2013 - 06:06 PM.