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Hi guys, does anyone knows the status of the child of a British citizen born in Ireland, I know the child would be automatically Irish by birth, but am not sure if it's the same for the UK, would the child be British through his own right, or he would be considered British by descent?

I have emailed the nationality department of the UKBA, but am yet to get a reply for over 2 months.

please kindly post your views.

If the British citizen parent of the child is a British citizen otherwise than by descent then the child is British by descent (section 2(1)).

sushdmehta wrote:If the British citizen parent of the child is a British citizen otherwise than by descent then the child is British by descent (section 2(1)).

Thanks for the link

@ Sushdmehta I just found some information with regards this post, Ireland act 1949 declared thus:

s. 1(2) – Declared that all of Northern Ireland would continue as part of the United Kingdom, and would remain within the Commonwealth, unless the Parliament of Northern Ireland consented otherwise.
s. 1(3) – Established that the country up to then known in British law as "Eire" will in future be referred to by subsequent British legislation by the name "Republic of Ireland".
s. 2(1) – Declared that, even though the Republic of Ireland was no longer a British dominion, it would not be treated as a foreign country for the purposes of British law.

Do you think an Irish born child of a British citizen under this act would still be considered British by descent?

frei wrote: s. 2(1) – Declared that, even though the Republic of Ireland was no longer a British dominion, it would not be treated as a foreign country for the purposes of British law.[/b]

Do you think an Irish born child of a British citizen under this act would still be considered British by descent?

The Ireland Act 1949 effectively treats the Republic of Ireland the same as Australia, Canada, New Zealand, etc. Children born in these countries are also British citizens by descent.

Thank you for that clarity, is there a clear distinction between being British by descent or otherwise than by descent other than not being able to pass on citizenship to their own child if they were born outside the UK?

4. A child who is registered under the arrangements described in paragraph
13A will be a British citizen by descent and will only be able to pass on British
citizenship to children who are born outside the United Kingdom and the
qualifying territories in the circumstances described in paragraph 11.
A child who is registered under the arrangements described in paragraph 13B
will be a British citizen otherwise than by descent and will able to pass on
citizenship automatically to his or her children wherever they are born.
So, if your child meets the requirements in paragraph 13A, but you and your
family are intending to live in the United Kingdom or a qualifying territory soon,
you may want to delay applying for your child’s registration until the child can
meet the requirements in paragraph 13B.
• if your child is registered as a British citizen by descent under paragraph 13A,
he or she cannot later be registered as a British citizen otherwise than by
descentt

Do you think if one doesn't want the child to be registered as British by descent, its best not apply for British child passport for this child until he has resided in the UK for up to 3 years? and more so if the 3 year period lapses does one just have to apply for child passport or will one have to apply to the home office for the child to be registered otherwise than by descent.

Thank you for you help

First, it would be helpful if you add a link as a reference instead of just copying text which is not clear its source.

You are mixing two different cases.

Case A:
--------
If a child is born to a British parent, then (under certain conditions) the child is British from birth. There is no need to register the child or the birth. The child would be either:

1. British other than by decent - if born in the UK.
2. British by decent - if born abroad.

You can't switch between the two. It's a status you obtain automatically at birth.
The only difference is the ability to transfer BC to the children if born abroad.

Case B:
--------
If the child is born abroad to a British by decent parent, then the child is not British but under certain conditions, can apply for British citizenship. The application is called Registration and requires (among other things) that either the parent or the child have lived in the UK for 3 years before the application.

The text you copied refers to case B.

Jambo wrote:First, it would be helpful if you add a link as a reference instead of just copying text which is not clear its source.

You are mixing two different cases.

Case A:
--------
If a child is born to a British parent, then (under certain conditions) the child is British from birth. There is no need to register the child or the birth. The child would be either:

1. British other than by decent - if born in the UK.
2. British by decent - if born abroad.

You can't switch between the two. It's a status you obtain automatically at birth.
The only difference is the ability to transfer BC to the children if born abroad.

Case B:
--------
If the child is born abroad to a British by decent parent, then the child is not British but under certain conditions, can apply for British citizenship. The application is called Registration and requires (among other things) that either the parent or the child have lived in the UK for 3 years before the application.

The text you copied refers to case B.

Thanks a lot Jambo am all clear now. I was thinking there were some ways where he would be British other than by descent. Thanks for the clarity