Am I a UK citizen by descent or otherwise than by descent?

[SandyX]

Hello forum members, newbie here.

I'm a British citizen who lives in America and was looking to pass on my UK citizenship to my children (both under 18) who were born and live in America.

I'm struggling with this whole descent/otherwise by descent thing and was wondering if someone could tell me what category I fall into. Here are the relevant details:

*I was born in Uganda, East Africa in 1970 to parents who were Indian citizens - they were born in India with no family ties to Britain and were just in Africa for work.
*My parents (with me) moved to Britain for work in the mid/late 1970s.
*My parents became British citizens (as they had no family or ties whatsoever to Britain this citizenship must have been gained through the usual means) and gave up their Indian citizenship. They are both dead so I can't ask them any detailed questions.
*I became a British citizen in Aug 1981 and have a certificate here which says "certificate of registration as a citizen of the united kingdom and colonies".
*I then lived in the UK for the next 20 years before moving to America.

So which is it? Descent or otherwise than by descent?

Thanks in advance for any help.

Best Wishes,

Sandy.

[CR001]

You are British Otherwise than Descent as you were registered as British.

[secret.simon]

You are British Otherwise than Descent as you were registered as British.

It's nowhere near that simple. It is possible to be registered as a British citizen and still be a British citizen by descent (such as if you were registered under Section 3(2), for instance). See Section 14 of the British Nationality Act 1981.

On a point of clarification, all naturalised British citizens are British citizens otherwise than by descent.

In this case, the OP was likely registered under Section 7 of the British Nationality Act 1948. That section not being mentioned in Section 14 of the BNA 1981 suggests that indeed the OP is a British citizen otherwise than by descent and so, his children born anywhere in the world are British citizens by descent. However, his grandchildren born outside the UK will have no automatic claim to British citizenship.

[SandyX]

Thank you very much guys, it's much appreciated.

[JAJ]

In this case, the OP was likely registered under Section 7 of the British Nationality Act 1948. That section not being mentioned in Section 14 of the BNA 1981 suggests that indeed the OP is a British citizen otherwise than by descent and so, his children born anywhere in the world are British citizens by descent. However, his grandchildren born outside the UK will have no automatic claim to British citizenship.

As I understand it, registration [as a Citizen of the U.K. & Colonies] under section 7 of the 1948 Act gives British citizenship otherwise than by descent if it was done in the United Kingdom, Channel Islands or Isle of Man. Before 1983, High Commissioners also had the power to register as CUKC and in this case, a Section 7 registration only counts as "registered in the United Kingdom" if the certificate was issued before 28 October 1971.

General point- where a British parent has citizenship by naturalisation/registration, it would be strongly recommended to get a U.K. consular birth certificate for non-U.K. born children:
https://www.gov.uk/register-a-birth

Also- take great care not to lose the certificate of citizenship because (apparently) the Home Office don't have records for anything before 30 September 1986. https://www.gov.uk/get-replacement-citi ... ertificate
The National Archives may have copies but it would be unwise to rely on that since not all records may be available.

[SandyX]

Thanks @JAJ