Child born abroad to two parents - British citizens by descent

If a child is born (after 1 July 2006) outside the UK by two British citizen parents and both parents are British citizens by descent (i.e. both are born abroad to British parents) and the parents do not hold another nationality (they are only British citizens), will that child be stateless at birth, if the host state does not give citizenship right by birth (jus soli)?

Could that child become/register as a British citizen while living abroad with its parents?

ariskar wrote: ↑

Tue May 21, 2019 8:20 pm

will that child be stateless at birth, if the host state does not give citizenship right by birth (jus soli)?

Yes, under the circumstances you outlined, the child would be stateless at birth.

Note however that even in countries that do not otherwise have jus soli, there may be provisions for citizenship to be acquired at birth if the child were otherwise stateless at birth.

ariskar wrote: ↑

Tue May 21, 2019 8:20 pm

Could that child become/register as a British citizen while living abroad with its parents?

Unlikely. While a minor, the parents could of course apply for registration at discretion under Section 3(1), but I suspect they will need to give good reasons why they have not tried acquiring the citizenship of the country of birth.

If granted, such registration would make the child also a British citizen by descent.

The provisions of the law requires such a child to have resided in the UK for at least three years before the child has an entitlement to be registered as a British citizen.

Paragraph 4, Schedule 2 (Provisions for Reducing Statelessness) of the British Nationality Act 1981 wrote:(1)A person born outside the United Kingdom and the British overseas territories after commencement shall be entitled, on an application for his registration under this paragraph, to be so registered if the following requirements are satisfied, namely—

(a)that that person is and always has been stateless; and

(b)that at the time of that person’s birth his father or mother was a citizen or subject of a description mentioned in sub-paragraph (4); and

(c)that that person was in the United Kingdom or a British overseas territory(no matter which) at the beginning of the period of three years ending with the date of the application and that (subject to paragraph 6) the number of days on which he was absent from both the United Kingdom and the British overseas territories in that period does not exceed 270.

On the other hand, as both parents are British citizens, the child would get ILE if it applied for a settlement visa while still a minor and accompanying the parents.