British Citizenship by Descent versus by Registration

[kagg_8]

We are expecting a child but are currently not in the UK and will likely not be able to return before the due date.

Father: British by Naturalisation
Mother: British by Descent – lived in UK for more than 5 continuous years. Currently been abroad for approx. 1 year.

We understand that our child even if born abroad can be a British Citizen by virtue of:

1. British by Descent via Father
2. British by Registration via Mother

My query is whether Option 2, whilst more expensive (£1,012 fee), will preserve our child’s ability to pass on Citizenship if he/she in future has a child that is born outside of the UK?

Under route 1, then he/she cannot pass on Citizenship outside of UK as only 1 generation permitted under Descent rules.

Under route 2, I’m confused, will he/she still technically be considered British by Descent or will he/she be British by Registration? Does being British by Registration allow to pass on citizenship to his/her own child in future if born outside the UK?

[CR001]

My understanding is that the child will be British by descent automatically as the father is British otherwise than by descent. There is no mechanism to 'upgrade' the type of citizenship the child will hold from birth.

[secret.simon]

Does being British by Registration allow to pass on citizenship to his/her own child in future if born outside the UK?

Not always. It depends upon the specific section of the British Nationality Act 1981 the registration is made under.

The general rule is that a child registered as a British citizen would still be a British citizen by descent if either one of the parents was a British citizen at the time of the child's birth.

In this case, because the father is a British citizen by naturalisation, the child will be a British citizen by descent automatically.

A British citizen can't be registered as a British citizen. Therefore if the Home Office becomes aware that one of the parents is a citizen by naturalisation, it is legally and duty-bound to refuse the registration application. Even if registered successfully, it would be declared null and void by a court, because a British citizen by birth can't be registered as a British citizen.

The children born abroad of your child born abroad (your grandchildren) will not be British citizens automatically, but they can acquire British citizenship if they meet certain residential requirements.

Keep in mind that having generations born outside the UK is a bad idea. It can get into a twist with the requirements for paperwork. Also see this case where not knowing the law or the requirements caused a mess.

[kagg_8]

Thank you for the replies.

We were not aware that being British By Descent was automatic - very important and useful piece of information thank you again.

The current pandemic situation means we cannot return to the UK as originally planned which is unfortunate.

Just to be clear, under current rules, if our child who shall by british by descent were to live in the UK for how many years could they then pass on citizenship outside of UK? I recall reading something about this.

I guess we are thinking too far into the future in any case, the potential grand-child can sort out their citizenship status themselves??!!

[CR001]

Just to be clear, under current rules, if our child who shall by british by descent were to live in the UK for how many years could they then pass on citizenship outside of UK? I recall reading something about this.

It would be a Section 3(2) Registration requiring all the relevant supporting evidence and must be done before the potential grand child turns 18. My understanding is that this would make the grandchild, British by Descent too.

Page 14 in link below.

https://assets.publishing.service.gov.u ... 6.0ext.pdf

I guess we are thinking too far into the future in any case, the potential grand-child can sort out their citizenship status themselves??!!

Once the potential grandchild turns 18, there is unlikely to be any route to claim British citizen as a person born abroad.

[secret.simon]

We were not aware that being British By Descent was automatic - very important and useful piece of information thank you again.

"British citizen by descent" is a legal status. It is acquired automatically by only the first generation born abroad to "British citizens otherwise than by descent". Your partner, being a naturalised citizen, is a "British citizen otherwise than by descent". Therefore, your & his child is a British citizen by descent automatically.

British citizenship by descent can also be acquired by registration under specific sections of the BNA 1981. Note that this is is not automatic.

Just to be clear, under current rules, if our child who shall by british by descent were to live in the UK for how many years could they then pass on citizenship outside of UK? I recall reading something about this.

It would be a Section 3(2) Registration requiring all the relevant supporting evidence and must be done before the potential grand child turns 18. My understanding is that this would make the grandchild, British by Descent too.

Page 14 in link below.

https://assets.publishing.service.gov.u ... 6.0ext.pdf

To expand on @CR001's response, for your grandchild to be able to be registered as a British citizen, conditions need to be met.
a) At least one grandparent needs to be a "British citizen otherwise than by descent" (in this case, it would be your partner. So keep his naturalisation certificate very safe as your grandchild would need that).
b) At least one parent is a British citizen by descent (in this case, that would be your child. So her birth certificate would be required)
c) The British citizen by descent parent (your child) needs to have resided in the UK for at least three continuous years prior to the birth of their child (your grandchildren). You'd need documentary proof of that (school reports and records, doctor letters, as much documentation as you can rustle up to prove that they resided for three continuous years).

Assuming that your grandchild does register as a British citizen under Section 3(2), she will also be, as CR001 has pointed out, a British citizen by descent.

And furthermore, they won't be able to register their children as British citizens because those children (your great-grandchildren) will not be able to meet condition (a) above.

[kagg_8]

Thank you both for your very helpful replies.

We appreciate the advice very much.