Registering as BC under BNA1981 Section 4(2) how do you pass on to children?

[Nish_b]

Hi Team

If a British Overseas Citizen is registered under BNA1981 Section 4(2) the guidance states : Registration under section 4(2) gives British citizenship otherwise than by descent. Which I understand as status can be passed on.

Once BC Status is achieved, how do they pass this on to their children, considering their children are over 18 and were born outside the UK in the late 60's one of which currently holds BOC.

Can they not apply under UKM?

If not how would they apply for British Citizenship?

I am totally baffled, please can someone give some clear guidance.

Many thanks
N

[secret.simon]

Do you mean Section 4(2) or Section 4B?

If a British Overseas Citizen is registered under BNA1981 Section 4(2) the guidance states : Registration under section 4(2) gives British citizenship otherwise than by descent. Which I understand as status can be passed on.

The only time in life that British citizenship is acquired automatically is at birth. A British citizen otherwise than by descent can pass on their British citizenship to any child born after the acquisition of British citizenship (which, for you, would be the date on the registration certificate), even if the child is born abroad.

Any time after birth, in order for the child to acquire British citizenship, the child would need to be registered or naturalised under a relevant section of the British Nationality Act 1981.

Can they not apply under UKM?

Unlikely. Form UKM generally requires that the mother of the child have held the equivalent of British citizenship (CUKC with Right of Abode) at the time of the birth of the child. Before 1983, mothers could not pass on their British citizenship to their children at birth, so the UKM registration was created to remedy that particular historic anomaly.

The specific requirement for Form UK are that

your mother was, at the time of your birth, a citizen of the United Kingdom and Colonies by birth, legal adoption, naturalisation or registration* in the United Kingdom, Channel Islands or Isle of Man; or
(ii) one of your mother’s parents (the definition of “parent” here excludes the father, but includes the mother, of an illegitimate child) was a citizen of the United Kingdom and Colonies by birth, legal adoption, naturalisation or registration* in the United Kingdom, Channel Islands or Isle of Man at the time of her birth; or
(iii) one of your father’s parents (the definition of “father” and “parent” excludes the father of an illegitimate child) was a citizen of the United Kingdom and Colonies by birth, legal adoption, naturalisation or registration* in the United Kingdom, Channel Islands or Isle of Man at the time of his birth; or
(iv) you were resident in the United Kingdom for a continuous period of 5 years before1983 and had become settled in the United Kingdom by the end of that 5 year period; or
(v) you are a woman who, before 1 January 1983, was or had been married to a man with the right of abode in the United Kingdom.

Your adult children will not be able to acquire British citizenship based on your British citizenship and they will need to make the relevant applications on their own steam. Any children of their own over the age of 18 will also not be able to acquire British citizenship automatically except by making their own relevant applications.

In general, for citizenship and immigration purposes, once you are over 18, you are on your own and have to make your own applications under the relevant laws and regulations in force.