Must both parents be British by Descent in order to register

[rnc312]

My best friend wants to obtain British passports for his two young sons. My friend is British by descent – born in the US to English-born parents. His wife is not British by descent but a US citizen.

From what I've read it sounds like he would have to relocate his family to the UK to be able to register his minor children as British citizens. Does the fact the children's mother is non-British affect their elgibility in becoming registered British citizens?

[JAJ]

Has your friend ever lived in the UK or a British territory?

[rnc312]

No, I don't believe so. From what I remember my friend's birth in the US is actually the reason his parents decided to stay here. (His parents are British citizens and long-term permanent residents of the US.)

[rnc312]

Thanks, JAJ -- it appears section 3(5) is the path my friend needs to take ...

"Section 3(2) of the British Nationality Act 1981 allows children born overseas to a British (by descent) parent to be registered as a British citizen by descent provided that:

- the British parent has lived in the U.K. (including Channel Islands and Isle of Man) for a continuous period of 3 years any time before the child is born; and
- the child is second generation born overseas. In other words, the child has a British 'otherwise than by descent' grandparent; and
- application is made within 12 months of the child's birth. (subject to certain exceptions).

There are special provisions for cases of statelessness, Crown Service and British Overseas Territories, but that is the general situation.

So as you are British by descent (first generation) you could register your child as British by descent under section 3(2) but that could not be done for the next generation born outside the U.K.

The alternative is to register the child as British under section 3(5) of the 1981 Act, if the child + parents lives in the U.K. for 3 years before age 18. Child would need a settlement visa. Registration under section 3(5) of the Act confers British citizenship otherwise than by descent."