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Citizenship for child born to British(by decent)parent by outside the UK

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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Skippysteve
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Joined: Mon Aug 26, 2019 11:39 am
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Citizenship for child born to British(by decent)parent by outside the UK

Post by Skippysteve » Mon Aug 26, 2019 12:16 pm

Hopefully someone can help me.

I have two daughters was born 20/09/02 and 05/05/2005 in Italy, both hold an Italian passport, through their mother.

Both have lived all their life in the UK from 1 month old.

I want both to get a British passport after getting citizenship. How do I apply for citizenship and ultimately a passport for them?

I am a British citizen by decent. I was born in 1972 in Australia, my father was born in the UK and I have held a British passport all my life. My wife is Italian and she has just received British Citizenship after applying for it in 2018. We have been married since 1999.

Reading the home office websites it states:-

You were born between 1983 and June 2006

You’re automatically a British citizen if you were born outside the UK and all of the following apply:

you were born between 1 January 1983 and 30 June 2006
your mother or father was a British citizen when you were born (they must have been married if your father had British citizenship but your mother did not)
your British parent could pass on their citizenship to you

Your British parent could pass on their citizenship to you if they were one of the following:
1. born or adopted in the UK
2. given citizenship after applying for it in their own right (not based on having a British parent)
3. working as a Crown servant when you were born (for example in the diplomatic service, overseas civil service or armed forces)


I am confused by whether I can pass on my citizenship as I don’t qualify regarding any of the three categories to pass on the citizenship.

Please help guide me through this maze, and how I need to get them each a british passport?

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: Citizenship for child born to British(by decent)parent by outside the UK

Post by secret.simon » Mon Aug 26, 2019 4:31 pm

As a British citizen by descent, you can't pass on your British citizenship automatically to your children if they were born outside the UK.

Did you live in the UK for at least three consecutive years before the birth of your children? If yes, then the children are entitled to registration as British citizens under Section 3(2).

If not, as both you and your wife are British citizens, your children can apply for registration as British citizens at discretion under Section 3(1). As they have lived here for at least five continuous years, you should apply for Settled Status for them before applying for their registration under this route.

The form for both options is the same; Form MN1 (also see Guide MN1) and the fees are £1012 per child.

This route is only available before the child's 18th birthday. You may want to hurry up as the elder daughter will be 17 soon.

Registration under either route will make the children British citizens by descent themselves and they will not be able to pass British citizenship to their children born abroad either.

Alternatively, they should apply for Settled Status now and apply to naturalise as British citizen as an adult in their own right after their 18th birthday. They will need to meet all the requirements (physical presence, absence, English language, LITUK, etc), but that will make them British citizens otherwise than by descent and they will be able to pass on their British citizenship for one generation outside the UK.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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