Dear Mr Bassie,

I am a British citizen but my husband is not. My husband's job takes him all over the world. Anyway, I gave birth to my first child in 1988 and I would like to know if I can register her as a British citizen.

- S.V.

Dear S.V.,

You have not indicated whether the child was born outside or in the UK. There are different sets of requirements relating to the registration of a child as a British citizen. These requirements may be influenced by several circumstances, such as matters relating to adoption; parents in Crown Service; designated or Community Institution Service; legitimacy; and, discretion of the Home Secretary. Although there are different sets of requirements for different circumstances, I have tried to propose some that may apply to your situation.

A successful registration of a child as a British citizen will occur if the child was born in the UK on or after January 1, 1983, and one of the child's parents has, since the child's birth, either become a British citizen or has become settled in the UK. Also, it would be necessary for the application for registration as a British citizen to be made before the child's 18th birthday.

Second, if your child was born outside the UK on or after January 1, 1983, and as in your case one of the child's parents was a British citizen at the time of the child's birth, the child can claim British citizenship by descent. To be British by 'descent' means to have been born abroad and subsequently being able to obtain British citizenship by way of one or both of the child's parents being a British citizen.

The Right of Abode

Alternatively, the applicant would be successful if the father or mother was a UK and Colonies citizen who was born overseas and was able to obtain the Right of Abode by virtue of that parent having lived in the UK prior to January 1, 1983 for five years.

Also, a successful application may be made where the child's father or mother is a British citizen who themselves has a parent who may belong to one of the categories listed, and the child's parent has spent at least three years in the UK prior to the child's birth. In a case such as this, the right to register the child as a British citizen within a year of birth does obtain.

In addition to the above-mentioned situations, if the parent was born to a British citizen, 'otherwise than by descent' or born before January 1, 1983 to a citizen of the UK and Colonies who became a British citizen 'otherwise than by descent' on January 1, 1983, to qualify, the parent also would have had to, at any time before the child's birth, lived in the UK for a period of three years without having spent more than 270 days outside of the UK during that time.

To be British 'otherwise than by descent', is to acquire British citizenship by birth in the UK, through the process of registration/natura-lisation, or by being a UK and Colonies citizen with at least five years residence and settlement in the UK before January 1, 1983.

12 month time frame

In the situations described, the application for registration as a British citizen should be made within 12 months of the child's birth.

Third, in the case where the child was born outside the UK on or after January 1, 1983 a successful application may be made if the following obtains: one of the child's parents was a British citizen by descent at the time of the child's birth, and the child's mother and father were in the UK during the three years immediately before the application, and without either of them being absent from the country for more than 270 days during that period. In addition, the child's mother and father would have to consent to the application for registration of the child, and such an application should be made prior the child's 18th birthday.

Fourth, in the situation where the child was born outside the UK before January 1, 1983, a variety of circumstances may obtain for an applicant to have a favourable outcome. For instance, the child's mother may be a citizen of the UK and Colonies on account of her being born, adopted, registered or naturalised in the UK. Also, she may have become a British citizen on January 1, 1983, and she has not renounced her British citizenship. In addition, the child's father has to consent to the registration, and the application has to be made before the child's 18th birthday.

I hope that you may be able to reconcile your situation from the examples I provided.

John S. Bassie is a barrister/attorney-at-law who practises in Jamaica. He is a Supreme Court-appointed mediator and a fellow of the Chartered Institute of Arbitrators. Email: lawbassie@yahoo.com or editor@gleanerjm.com