Confused about British citizenship by descent

[Frenchie]

I have a question whether I can have the British Citizenship By Descent or not, I am really confused about it.

Here is my situation:

My mother was born in the UK before January 1983 to 2 foreign parents (My grandparents were naturalized british citizen after my mother was born).
Correct me if I'm wrong, but the fact that she was born in the UK before 1983 is enough to make her a British citizen not by descent right?

My father was born in France and is a French citizen. My parents got married in the UK then moved to France and have been living in France for 26+ years. My mother still only has British Citizenship despite living in France for 26+ years. My sister was born in the UK and has both French and British passports.

I however was born in France in 1991 so I'm over 18 and only have a French passport. I never felt the need to apply for British passport since both countries are (were ) part of the EU and I could live and work to the UK with my French passport if I wanted to (Just like my mother never applied for French Citizenship).

But since Brexit the situation is different and having a British passport could be very useful if I want to work in the UK in the future.

So my question is : am I still eligible to citizenship by descent? My mother is skeptical, she thinks I had to apply before I was 18 and it's too late now but from what I read, since my parents were married at the time of my birth (and are still married...) I can apply at any age? And I don't think my mother is a British citizen by descent, her parents were not even British citizen when she was born...

[noajthan]

A child born in the UK before 2/10/2000 to an EEA national parent will be a British citizen if the parent was exercising EC Treaty rights at the time of birth. My understanding is they will be a citizen other than by descent.

If the parent was not exercising EC rights (or was settled in UK in some other way, with ILR) then the child would have had the right to be registered as a citizen other than by descent.

So however maman became British she must be a citizen other than by descent.

On that basis it seems you are indeed a British citizen by descent and can shoot for passport (woot, woot).
I'm referring to HO guidance:
https://www.gov.uk/government/uploads/s ... r_2015.pdf
- see Chapter 2, #2, page 7

[CR001]

Children born in the UK to foreign parents before January 1983 were automatically British otherwise than descent. There was no need to register on MN1 as far as I am aware.

[Frenchie]

Children born in the UK to foreign parents before January 1983 were automatically British otherwise than descent. There was no need to register on MN1 as far as I am aware.

That was my understanding as well. Being born in the UK before January 1983 was enough to become British at the time, regardless of the situation of the parents.
My mother seems very adamant about the fact that she was a British citizen before her parents who were naturalized (from non EU countries btw).

Thanks for the HO guidance too but it says that it's for children under 18 and I'm 25 does it apply for me too?
And I didn't know that British citizen by descent couldn't “upgrade” their citizenship by applying to be registered or naturalised as a British citizen otherwise than by descent.

I guess I'll have to wait and see what the UK negociates with the EU (and France) regarding Visas before I apply for British citizenship by descent.

[CR001]

You could probably apply on form UKM. Costs £80.

[noajthan]

Thanks for the HO guidance too but it says that it's for children under 18 and I'm 25 does it apply for me too?
And I didn't know that British citizen by descent couldn't “upgrade” their citizenship by applying to be registered or naturalised as a British citizen otherwise than by descent.

I guess I'll have to wait and see what the UK negociates with the EU (and France) regarding Visas before I apply for British citizenship by descent.

How does mother explain she became British then?

The point of including the guidance was for the explanations in chapter 2 - that all holds good even when someone turns 21.

If you are British by descent just go for it - apply for your passport!

Have you checked out the guidance already?
https://www.gov.uk/government/uploads/s ... ssport.pdf
- you only need maman's passport number!

[Richard W]

Some people seem to be missing the obvious.

The mother was born in the UK before 1st January 1983 and was, it seems, not disqualified by her parents being diplomats or any similar disqualifications. She is therefore British other than by descent.

The son was born in France after 1st January 1983, and his mother had not lost her British nationality. He is therefore British by descent - Section 2(1)(a) of BNA 1981.

(Form UKM would only have been relevant if the son had been born before 1st January 1983.)