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Rights by Different types of Citizenship Acquisition?

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Vande-Matram
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Rights by Different types of Citizenship Acquisition?

Post by Vande-Matram » Thu Feb 02, 2017 2:28 pm

Hi Everyone

I believe most popular British Citizenship acquisition is through below three types

1. By Descent

2. By Registration

3. Or By Naturalization

I believe all of the above provide same level of protection/means to public life to a person acquiring British citizenship through those means in UK and abroad, though I read that naturalized and registered British citizens cannot pass on their citizenship to their children in certain circumstances, it was very confusing.

Please can some kind person share their knowledge on the topic of passing on British Citizenship to their children by various acquisition types or any other rights not afforded by acquisition type?

Most grateful, Thank you

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CR001
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Re: Rights by Different types of Citizenship Acquisition?

Post by CR001 » Thu Feb 02, 2017 2:40 pm

though I read that naturalized and registered British citizens cannot pass on their citizenship to their children in certain circumstances,
Nonsense.

There are many types of registration too. Which route of citizenship are you specifically asking about?

A naturalised citizen can pass BC on to any children born in the UK or abroad AFTER the parent is already BC. You cannot pass citizenship onto children already born before you got BC.

A child registered as BC, the same above applies.

Other types of Registration (UKM or UKF), have different rules and likely not possible to pass on to existing children.
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secret.simon
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Re: Rights by Different types of Citizenship Acquisition?

Post by secret.simon » Thu Feb 02, 2017 3:25 pm

It is quite simple actually.

A British citizen otherwise than by descent can pass on his citizenship to his children (born after his acquisition of British citizenship) wherever in the world they are born automatically.

A British citizen by descent can't.

Who is a British citizen otherwise than by descent?
- A person who has acquired his British citizenship either by birth in the UK or by (adult) naturalisation in the UK is a British citizen otherwise than by descent.

Who is a British citizen by descent?
- Broadly, anybody born abroad who is a British citizen only because of the British citizenship of one of his parents. They can not pass on their British citizenship to their children automatically.

The legal definition of British Citizen by Descent is given in Section 14 of the BNA 1981. Any citizenship acquired other than by the specific routes listed in Section 14 are "otherwise than by descent".

Registration is a different kettle of fish all together. Section 14 lists that certain types of registration (such as Section 3(1) registration) lead to British citizenship by descent. Ones that are not listed in Section 14 (such as Section 1(3) registration) are British citizens otherwise than by descent.

Broad and simple rule of thumb
British citizenship can be passed only one generation outside the UK.
- Birth or (adult) naturalisation in the UK - British citizen otherwise than by descent -> Can pass citizenship to children born abroad.
- Birth abroad (or registration following birth abroad) - British citizen by descent -> Can not pass citizenship to children born abroad.

Stockholm Syndrome does come in handy some times.
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Vande-Matram
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Re: Rights by Different types of Citizenship Acquisition?

Post by Vande-Matram » Thu Feb 02, 2017 4:12 pm

Cheers Secret.Simon

It was so confusing this Descent business, if you don't know the facts well. Main aspect of me acquiring British nationality was to be able to live on continental Europe, so the info really helps.

Always happens to me, whenever its my turn for the Exam the syllabus freaking changes (BREXIT I mean).

Made me genuinely laugh on your Stockholm mention, makes my mind really clear now on what being BRITISH means, its OF COURSE is a state of mind!

I wish everyone happiness and prosperity.

Thanks for the outstanding reply.

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