Does my child qualify for a British citizenship?

Hello everyone, I'd like to have an advice please. I'd like to know whether my daughter qualifies for the British citizenship.

My daughter was born (a month ago) in Mexico from a Mexican mother and a British father. We aren't married and her father's name appears on her birth certificate. We want to get a British passport for her, however I think my partner obtained his citizenship by descent. Turns out my partner was born from British parents in Sweden (as his parents were working there) and they returned to England when he was 3 years old. He is a British citizen, however he has been told (by a lawyer) that our daughter doesn't qualify for the British citizenship, as she is the 2nd generation who was born outside of the U.K. (in her case, she was born in Mexico). Does anyone know if this is correct? That a child with a British parent cannot be granted with their citizenship, if this child is the 2nd generation who was born outside of the U.K.? If this is correct, is there any other way to get the citizenship for her? And how long does it take?

Thank you so much (in advance) for the help!

DioneI wrote: ↑

Mon Nov 27, 2017 12:14 pm

Does anyone know if this is correct? That a child with a British parent cannot be granted with their citizenship, if this child is the 2nd generation who was born outside of the U.K.?

That is correct. Children born abroad to a British citizen by descent (somebody who was born himself/herself abroad to British citizens) are not automatically British citizens.

However, such children are entitled to be registered as a British citizen on Form MN1 under Section 3(2) of the British Nationality Act 1981 if certain conditions are met.

The conditions that you will need to prove are that;
a) At least one grandparent of the child was born (or had British citizenship otherwise than by descent; such as by naturalisation) in the UK.
b) the British parent has resided in the UK for at least three continuous years in the UK before the birth of the child, with absences of no more that 90 days in each year.

Once registered, the child will be a British citizen and can apply for a British passport. However, if the child has children abroad later on in life, they definitely will not get British citizenship. No third-generation abroad citizenship.

secret.simon wrote: ↑

Mon Nov 27, 2017 2:13 pm

DioneI wrote: ↑

Mon Nov 27, 2017 12:14 pm

Does anyone know if this is correct? That a child with a British parent cannot be granted with their citizenship, if this child is the 2nd generation who was born outside of the U.K.?

That is correct. Children born to a British citizen otherwise than by descent abroad are not automatically British citizens.

Do you mean 'British by Descent'??

CR001 wrote: ↑

Mon Nov 27, 2017 2:15 pm

Do you mean 'British by Descent'??

Indeed I did. Edited accordingly.