British by Descent

Hello,

Under what conditions, can a British by descent pass the BC to his children?

I am aware of only one condition which is making sure the parent (British by descent) gives birth in the UK.

Are there other conditions? (such as living in the UK for a certain period etc)
If so, is there a link that you can share?

Many Thanks

Bravopapa

Any thoughts?

bravopapa wrote: ↑

Sat Aug 31, 2019 5:20 pm

Under what conditions, can a British by descent pass the BC to his children?

There are two scenarios; automatically and by registration.

bravopapa wrote: ↑

Sat Aug 31, 2019 5:20 pm

I am aware of only one condition which is making sure the parent (British by descent) gives birth in the UK.

As you have already mentioned, this is the only route through which the child automatically acquires British citizenship at birth. As the child is born in the UK, the child is also a British citizen otherwise than by descent.

Under certain circumstances, a child may also have an entitlement to be registered as a British citizen under the age of 18.

Section 3(2) registration requirements.
a) that at least one parent of the child is a British citizen by descent;
b) that the parent of (a) is a British citizen otherwise than by descent at the time of birth of (a)
c) that (a) has lived in the UK for at least three continuous years before the birth of the child.
A registration under Section 3(2) leads to the child also becoming a British citizen by descent. And because of (b) above, s/he can't use Section 3(2) for their children.

Section 3(5) requirements
a) Same as (a) above.
b) that the child AND both parents have lived in the UK for at least three continuous years
There is no requirement for the grandparent to be a British citizen otherwise than by descent. But of course, the spouse and child of the British citizen must meet the stringent requirements for spouses and family members of British citizens to move to the UK.
A child registered under Section 3(5) is a british citizen otherwise than by descent.

See Section 3 of the British Nationality Act 1981 for more information.

As an aside, your previous posts suggest that you have naturalised. if you have naturalised, you are a British citizen otherwise than by descent and none of the above will apply to you. If you are planning for yorur children, keep in mind that nationality laws change and has tightened considerably between 1948 and 1981. The rules for any grandchildren may be dramatically different.

[As an aside, your previous posts suggest that you have naturalised. if you have naturalised, you are a British citizen otherwise than by descent and none of the above will apply to you. If you are planning for yorur children, keep in mind that nationality laws change and has tightened considerably between 1948 and 1981. The rules for any grandchildren may be dramatically different.]

Thank you for that. I am fully aware that regulations change quickly and will change by the time my grandchildren are born ( if i have any).

I need some more clarifications as I am a bit confused about the below statements:

[/Section 3(2) ]

This is saying that the child can be british by descent as long as (1) the grandparent is british otherwise than by descent and (2) the parent is british by descent and lived continuously in the UK for 3 years before the birth of the child.

Correct?

I dont understand the logic behind the requirements of Section 3(5). Is this after the child is born?

What do we mean when we say that we need to be registered as "british"? When I was naturalised I did not have to register. What is the point of being registered?

Many Thanks

Adults are naturalised as British. Children under 18 are registered as British.

Yes section 3(5) is 3 years residence after the child was born.

bravopapa wrote: ↑

Sun Sep 01, 2019 2:01 am

What do we mean when we say that we need to be registered as "british"? When I was naturalised I did not have to register. What is the point of being registered?

The procedure for non-British children to acquire British citizenship is called registration, while that for non-British adults is called naturalisation. As both Section 3(2) and Section 3(5) can only be triggered before the child's 18th birthday, they are registered as British citizens.

bravopapa wrote: ↑

Sun Sep 01, 2019 2:01 am

I need some more clarifications as I am a bit confused about the below statements:

[/Section 3(2) ]

This is saying that the child can be british by descent as long as (1) the grandparent is british otherwise than by descent and (2) the parent is british by descent and lived continuously in the UK for 3 years before the birth of the child.

Correct?

I dont understand the logic behind the requirements of Section 3(5). Is this after the child is born?

If a child is born abroad to a British citizen by descent, the child is not born a British citizen. However, if the specific conditions of the relevant section are met, the child has an entitlement to be registered as one. That is to say that the child is not born a British citizen, but that the parents must apply for him to become a British citizen.

The residence requirement for Section 3(5) need to be met after the child's birth by both parents and the child, while the residence requirement for Section 3(2) needs to have been met by the British citizen by descent parent before the child's birth.

Thank you. It makes sense

Regards