'British by Descent' v 'Otherwise than...'

[phyonaphan]

Hello,

I am a bit of an interesting case, and I am interested in people's opinion about whether there is a chance my future children may be entitled to British Citizenship by descent

I was born in Ireland in 1985 and adopted by an Irish born mother and British born father. I would have been entitled to be registered as a British Citizen Otherwise than by descent, had my parents registered me as an adopted child born in Ireland with the UK Home Office, before the age of 18 but this wasn't done unfortunately. If I were registered, I would have become a British Citizen Otherwise than by Descent.

Since I wasn't registered before 18, as an adult I didn't believe I had any ongoing right to British Nationality. As an aside this time limit felt discriminatory to adopted people, however I accepted it as a reality.

A few years ago I was reunited with my biological mother. It turns out she was born in the UK, so is a British citizen otherwise than by descent. Since the British Nationality Act defines 'mother' as 'woman who gave birth to the child', I was in fact automatically a British Citizen by descent at the time of my birth.

I have applied to the Home Office for a NS letter (the complication was that the HO required evidence that I am the same person as my birth name and adopted name, in the absence of documentation due to the closed nature of adoptions in Ireland in the 80's, so they are requesting a DNA test to prove her maternity. This is being done and there is no doubt I will receive the status letter when this is clarified).

So on the face of it it looks like I will be British by Descent trough my biological mother, but had the potential to be British Otherwise than by Descent through my adoptive father if I was registered before the age of 18.

Does anyone with detailed knowledge about the various Acts know a way around this ie through Double Descent or otherwise, so that my potential children have a way to inherit British Citizenship, or is there any way to argue to have my status 'upgraded' so to speak?

[vinny]

Unfortunately, if you are automatically British by descent, then you cannot subsequently upgrade citizenship.

[Obie]

Unfortunately, if you are automatically British by descent, then you cannot subsequently upgrade citizenship.

That is my thinking also, as the Irish adoption is recognised in the UK.

But because of the precision , certainty and confidence with which OP wrote, i was thinking maybe my understanding of the law was wrong, until i read your post.

OP will qualify under Section 2(1). I am not sure why he thinks he will not.

[phyonaphan]

If it is not possible to updgrade, would it have been possible to 'downgrade' me then?

If I was registered by my adoptive father as a minor then I would have been 'British Otherwise than by Descent'. This is until I discovered about my biological mother as an adult. Would this have trumped what I was entitled to through my adoptive father, and made me 'British By Descent'?.

The point being it's a bit of a unique predicament, where I was hoping I could get the best of both worlds or find a legal loophole, so that any children I have would benefit.

[secret.simon]

Unfortunately, if you are automatically British by descent, then you cannot subsequently upgrade citizenship.

I think vinny's comment can be rephrased more accurately as "Unfortunately, if you are automatically British by descent, then you cannot subsequently upgrade modify your citizenship." Neither upgrading nor downgrading is an option.

However, it is quite straightforward to pass on your British citizenship to the next generation. Ensure that the child is born in the UK. A child born to a British citizen, even one by descent, in the UK or its territories would be a British citizen otherwise than by descent.

Alternatively, if you live for atleast three years in the UK, then any child born to you abroad will be entitled to be registered as a British citizen while still a minor. However, such a child would also be a British citizen by descent and they would not be able to pass on British citizenship to their own children by any means other than by birth in the UK.

Finally, if a child is born to you abroad and moves with you and the other parent to the UK and the three of you reside in the UK for atleast three years, such a child can be registered as a British citizen otherwise than by descent before the age of 18.

Hopefully, with this knowledge, you can now plan the welcoming of the next generation with some ease of mind.