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I was born abroad and am a British citizen by descent (my parents are British). I spent 3 years in the UK before my children were born, so I'm considering applying for my children's citizenship through section 3(2) of MN1. I understand that if I do this, my children's kids won't automatically be granted British citizenship.

However, there's a possibility that my kids and I will live in the UK for 3+ years. What happens if I apply for my kids' citizenship under section 3(2), and then we subsequently live in the UK for 3+ years which would make them eligible for citizenship under section 3(5)? Would grandkids not gain citizenship because my kids were originally granted citizenship under section 3(2)? Or would the 3 year stay in the UK mean that grandkids are eligible regardless?

I'd like UK citizenship to pass to my grandkids if possible, and am trying to figure out whether or not to apply for my kids now.

(For context, my kids are toddler age.)

Firstly, congrats on knowing the difference between registration under Section 3(2) and Section 3(5).

Secondly, even if you and/or your children are British citizens by descent, any children born to you/them in the UK will automatically be British citizens otherwise than by descent. Only if the children are born abroad (i.e. citizenship by descent), does the question of mode of acquisition of the British citizenship of the parent arise.

As to the core of the question, once acquired either by birth or by registration, British citizenship by descent can't be "upgraded" to British citizenship otherwise than by descent. Once the children are registered as British citizens under Section 3(2), they can't then be re-registered. British citizens by descent (which is what they would be if they are registered under Section 3(2)) can't apply for registration or naturalisation again. Only non-British citizens can apply for either registration or naturalisation.

And keep in mind that if they were to register under Section 3(2) and later on have children abroad, your grandchildren won't be able to be registered under Section 3(2) themselves (i.e. it is not possible to pass on British citizenship indefinitely abroad via Section 3(2) registrations), because one of the requirements of such registration is that the British grandparent (in this case, you) is a British citizen otherwise than by descent.

Simply put, automatic descent of British citizenship to one generation abroad, to an additional generation by registration if conditions are met, but no further. The UK's citizenship and indeed wider immigration processes are heavily based on residence in the UK, not on indefinite descent abroad, such as Italian citizenship, for instance.

If you plan to live in the UK with the children and the other parent (unless divorced or the other parent is deceased) for three continuous years, which complete before the children's 18th birthday, it may be better to wait for those three years and apply for registration under Section 3(5), and avoid the Section 3(2) route altogether.

This is extremely helpful, thank you so much @secret.simon for your answer. I learned two key things:

1. secret.simon wrote:British citizenship by descent can't be "upgraded" to British citizenship otherwise than by descent. Once the children are registered as British citizens under Section 3(2), they can't then be re-registered.

2. secret.simon wrote:one of the requirements of such registration is that the British grandparent (in this case, you) is a British citizen otherwise than by descent

I didn't know the first item, and the second is only clear to me now that you've explained it and I'm re-reading the UK guidance rules. This is all a big help for me in planning my next steps, so thanks again.

secret.simon wrote:British citizenship by descent can't be "upgraded" to British citizenship otherwise than by descent. Once the children are registered as British citizens under Section 3(2), they can't then be re-registered.

Secretary Of State For Home Department v Ullah [2001] EWCA Civ 659 (10 May 2001) confirms.

vinny wrote: ↑

Sat Jul 13, 2024 11:15 am

Secretary Of State For Home Department v Ullah [2001] EWCA Civ 659 (10 May 2001) confirms.

Thank you for the link to this judgement, @vinny. I was unaware of it.

Quite formidable barristers on both sides. Mr., now Lord, Pannick, who later argued Miller I in front of the UK Supreme Court, and Mr. Fransman, who has written the definitive book on the complexities of British nationality law.