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if you are entitled to british citizenship by birth but have never claimed it ie no passport, but have other eu citizenship and passport can uk immigration class you as dual british or will they class as eu citizen?

Not having a passport doesn't mean you are not British. Following the changes in July 2012, a dual British national can't use his other EU nationality for immigration purposes. He can use his British citizenship if he returns after working in another EEA state (Surinder Singh). The application form specially asks if you are also British.

See also - Also British, Only British.

rachel29 wrote:if you are entitled to british citizenship by birth but have never claimed it ie no passport, but have other eu citizenship and passport can uk immigration class you as dual british or will they class as eu citizen?

Entitled to be British does not necessarily mean that one is British. Some will automatically acquire British citizenship, the specifics may be important.

born to a british parent in other eu country?

has duel nationality and has other eu country passport

Was the parent British by descent or British otherwise than by descent?

descent

Then the child is not British automatically, subject to the nationality of the other parent (I assume not British).

rachel29 wrote:descent

I am just checking in that you know what this means? What I'd tried to allude to earlier, is that the specifics of the case might be important. One way of definitively answering your question was for you to post them.

Anyway, if your question has been answered, good.

rachel29 wrote:if you are entitled to british citizenship by birth but have never claimed it ie no passport, but have other eu citizenship and passport can uk immigration class you as dual british or will they class as eu citizen?

Well if a British passport has not been applied for due to lack of knowledge or willingness, then that person can say they they are not British. In those circumstances stating on an application form that one does not hold a British nationality, may not be considered as deception.

Not everyone is required to know the 1981 act inside out. Neither is it the case, where it could be reasonably said, that ignorance of the law is not a defense.

People in N. Ireland can do this.

Obie wrote:In those circumstances stating on an application form that one does not hold a British nationality, may not be considered as deception.

Filling in the form is not mandatory. One can just ignore the question. Would that be deception?

Jambo wrote: Filling in the form is not mandatory. One can just ignore the question. Would that be deception?

Perhaps, i should live that to your imagination.

I'm not sure if we understand the OP's situation or intentions.

It is never good to deceive, but I don't think anyone had actually suggested that.

ok I am british by birth . I had my child in ireland so my daughter is entitled to british citizenship but what type would this be classed as?

I am now concerned do I need to register my child anywhere?

I never registered my first child and they were given passport with out any query or additional documents.

Will there children be entitled to british citizenship as the law stands now?

I am sure I contacted embassy when my first child was born and they said they did not register because is close connections with uk.

rachel29 wrote:ok I am british by birth . I had my child in ireland so my daughter is entitled to british citizenship but what type would this be classed as?

Assuming you are British from birth and born in the UK, then your children (no matter where they are born) are not entitled to BC but already BC from birth. If born abroad, they would be British (from birth) by decent.

I am now concerned do I need to register my child anywhere?

I never registered my first child and they were given passport with out any query or additional documents.

No need to register them. They are British from birth and can apply at any time for a British passport.

Will there children be entitled to british citizenship as the law stands now?

As they were born outside the UK, they can't pass their British citizenship to their children (your grandchildren) if the children are also born abroad (only one generation abroad is allowed). If their children (your grandchildren) would be born in the UK (and not abroad), the children (your grandchildren) would be British.

So your original question was about how the UK would classify your children? They would be dual nationals - Irish and British

When you lived in Ireland, did you work there? was your husband living there with you?

no not working

and yes both living together and still are in ireland at present

so by me being put in the situation of having my children in uk with out there dad being there for the birth or moving and my husband being able to be there . This means that in futre my grandchildren could need to get visas to come to UK?

In any event, your grandchildren will have Irish citizenship, they wouldn't need a visa to enter the UK.

yes by chance we moved to ireland and they get citizenship but if we had stayed in the original country we went to they would not . I was told to go and live in other country by uk and this means it highly likely my grandchildren will not get british citizenship because of this.

It might be worth your while studying the British Nationality Act.

http://www.legislation.gov.uk/ukpga/1981/61

rachel29 wrote:yes by chance we moved to ireland and they get citizenship but if we had stayed in the original country we went to they would not . I was told to go and live in other country by uk and this means it highly likely my grandchildren will not get british citizenship because of this.

never trust a government official...

What is the goal of your questions about British citizenship?

Is this ultimately regarding the immigration status of your non-EU spouse? If so you may be asking the wrong question.

yes it is to do with my non eu spouse but I have also got otheer immigration issue going on that am dealing with as well and just wanted to clarify details incase it adds to my other case.

Have you ever worked anywhere in the EU? What passport did you have and use to prove you right to work?

rachel29 wrote:yes it is to do with my non eu spouse but I have also got otheer immigration issue going on that am dealing with as well and just wanted to clarify details incase it adds to my other case.

It is helpful if you give details [dates / places etc] of your history, so people can help effectively eg:

married on xxx
moved to china on xxx
both moved to ireland on xxx
began work on xxx
moved to xxx on .xxxx

etc

also include all your history/problems etc as the little things can make differences etc