Application for British Citizenship by Descent as an Adult

[kayajhayes]

I am a Canadian citizen, born in Canada to a Canadian father and British mother. I have been trying to determine whether or not I am eligible to apply for British citizenship by descent. Here are the facts:

I was born in 1992
I am over 18 years of age
My parents were never married
My mother (born and raised in England) had sole custody of me as a child
All of my family lives in England with the exception of me and my mother ( I have no contact with my dad's side of the family)
I have visited England on 9 separate occasions but never stayed for more than 3 months at a time

I would be very grateful for any information or advice on the subject. I am contemplating moving to England to finish my post secondary education there.

Thanks in advance!

[Jambo]

You don't need to apply for it. As per section 2(1)(a) of the British Nationality Act, you are British (by decent) from birth. If you wish you can apply for a British passport.

[kayajhayes]

Thanks Jambo for your response!

I am still somewhat confused however because the gov.uk website says that - If you were born before 1 July 2006 and your parents weren’t married when you were born (and haven’t married since), you’re not a British citizen.

Also if I am already a British citizen by descent is there any way I can obtain a record of this, because it looks like I need it in order to apply for a British passport.

[Amber]

Your Mother was British otherwise than by descent thus, lex sanguinis, you are British by descent if born abroad.

Section 50(9) of the British Nationality Act 1981 explains that, for the purposes of the Act, where a child is born before 1 July 2006 "the relationship of a mother and child shall be taken to exist between a woman and any child (legitimate or illegitimate) born to her, but.... the relationship of father and child shall be taken to exist between a man and any legitimate child born to him".

You'd apply for a passport with proof your Mother was British otherwise than by descent, her Birth Certificate.

That should suffice.

[Jambo]

The 2006 date only applies if only your father is British. You got the citizenship through your mother so it doesn't affect you.

Just follow the process here - https://www.gov.uk/overseas-passports