Your children may be eligible for british citizenship by birth. Can you think of a better way to honor your irish family heritage than by becoming an irish citizen. British citizenship can also be lost through independence of that british territory and although the country may have become part of the commonwealth, it did not mean that a person was able to acquire british citizenship post 1 st of january 1983. There are 6 different forms of british citizenship. It is taking longer than usual to process applications because of coronavirus covid19. Can i be a british citizen by descent if i am an adult. How can a british citizen by descent naturalise to become. British nationality law is the law of the united kingdom that concerns citizenship and other. A child born outside the uk on or after 1 january 1983 automatically acquires british citizenship by descent if either parent is a british citizen other. Britons people with british citizenship or of british descent have a significant presence in a number of countries other than the united kingdom, and in particular in those with historic connections to the british empire. For this the next question to answer is whether your father was a british citizen by descent or a british citizen otherwise than by descent.
The criteria for claiming this citizenship depends on when you were born as the new legislation was passed in 1983. This section tells you which british overseas territories citizens botc born before 1 january 1983 hold that status by descent and otherwise than by descent. If you have at least one parent, grandparent or, possibly, a greatgrandparent who was born in ireland then you may be eligible to apply for irish citizenship. To qualify, the childs parents need to be british nationals and to have lived in the uk for a continuous period of at last three years, with no more of 270 days of absence. The essential study guide for the british citizenship test. There are also other rules such as absences from the uk and criminal. A person who is a british citizen by descent cannot switch to being a british citizen otherwise than by descent. Ana gonzalez, a partner in our immigration department, explains how those with uk ancestry may be entitled to apply for british citizenship when born abroad through double descent during my recent trip to south africa to run my second comrades.
This iniquitous set of circumstances led to much disappointment for people who, had their personal circumstances just been slightly different, would have had a valid claim to british nationality. British nationality law is the law of the united kingdom that concerns citizenship and other categories of british nationality. A british citizen is either a british citizen other than by descent, or is a british citizen by descent. British citizenship british nationality naturalization. Children born overseas to people with british citizenship by descent, will have british citizenship otherwise than by descent. The effect of the words otherwise than by descent is that there can be no double descent. Besides, you need to meet the sound mind requirement, meaning that you. Becoming a citizen, life in the uk test and getting a passport. It is the term used in international law to denote all persons whom a state is entitled to protect. Child of a british citizen by descent uk citizenship i am a full british citizen,my son is a british citizen by descent having been born in hk and he has not lived in the uk for more than a few weeks at a time. It was only in 2014 that further legislation was passed to allow those born.
This broader term denotes various relations between an individual and a state that do not necessarily confer political rights but do imply other privileges, particularly protection abroad. Applications for british citizenship by descent through a grandmother have been rejected by the home office. Uk citizenship has undergone substantial changes in recent decades and a clear. Legislation was made effective in 2006 to allow claims to be made for those born illegitimately to a father who was british otherwise than by descent i. Maybe this is not answering this question exactly but close. Double descent and british citizenship for those born. You will automatically acquire british citizenship by descent if you were born outside the uk on or after 1 january 1983 and one or both your parents are british citizens otherwise than by descent. Child of a british citizen by descent uk citizenship. The fact that one is a british citizen by descent or otherwise is not generally shown on british passports. Every british citizen is either a british citizen otherwise than by descent or a british citizen by descent. Section 3 of the british nationality act 1981 states that a person who is british by descent, who has lived in the uk or qualifying territory for at least a 3 year period before the birth and was not absent from the uk or qualifying territory for more than 270 days in this period can register their child as a british citizen. You dont lose your british citizenship unless you renounce it, no matter how old yo.
Such an application for british citizenship by descent through the female line must now be dealt with on the assumption that the law had always provided for citizenship by descent from the mother on the same terms as it provided for citizenship. So, if true, that means her mother is a citizen by birth, yes. However, those with mothers who are british by descent and not by birth have never been able to claim british citizenship due. This difference is important because the type of citizenship people have decides the way in which they can pass british citizenship on to their children who were born outside the. British citizenship by birth child born in the uk ias. There are, however, several other ways in which you may be deemed a british citizen by descent, in particular, by registration. Uk law change opens up british citizenship by double. My question is that he and his hk born wife are expecting a baby and i would like to know what is needed for the baby to become a. Board index united kingdom nontier british citizenship. At least one of the parents must be a uk national or settled person for children born in the uk, or must have acquired citizenship other than descent for children born abroad for children born before 2006, if only the father holds uk citizenship or ilr, the parents must be married. If you were born after 1 january 1983, you can claim citizenship if.
The current indian nationality law largely follows the jus sanguinis citizenship by descent as opposed to the jus soli citizenship by right of birth within the territory. Landmark supreme court decision overrules historic gender discrimination in british citizenship. A qualifying territory is defined in the british nationality act 1981 as being british overseas territory other than the sovereign base areas of akrotiri and. British citizenship by double descent open to thousands of. Life in the uk 2018 the british citizenship test 3 books collection set practice questions 2018, handbook 2018, study guide 2018 by henry dillon and george sandison 1 jan 2018. These restrictions do not apply to british citizens otherwise than by descent. Search the worlds most comprehensive index of fulltext books. Landmark supreme court decision overrules historic gender. Wikipedia also says, a child born outside the uk on or after 1 january 1983 will automatically acquire british citizenship by descent if either parent is a british citizen otherwise than by descent at the time of the birth. British citizenship by descent is based on birth outside of the united kingdom to a parent mother or father who is british other than by descent or who was born in the uk before 1983. If he was the latter, then you are already a british citizen, as your father could give you his citizenship. See this other answer on how to obtain a british passport if you would require one. Uk citizenship examined and millions of other books are. Registration of uk citizenship for people born to uk.
You can be a british citizen otherwise than by descent by. British citizenship requirements immigration advice service. Naturalisation, registration and british citizenship the national. British nationality law allows claims to come from a ukborn grandparent known as double descent. If his father was british by descent, and he was registered as a minor under section 32 father spent a continuous period of 3 years in the uk some time before the childs birth, and grandparent was british otherwise than by descent, the child is still british by descent.
The law is complex due to the united kingdoms historical status as an imperial power. In other words, a child who is a citizen of the uk by descent, cannot transmit this. Get british citizenship by descent find out if you qualify. Through british citizenship by descent, individuals who were not born abroad can naturalise in the uk based on their parents or grandparents nationality status. For help to navigate them please book a consultation on the link below on this page. You will then be asked to book an appointment at your nearest ukvcas service point. How to claim british nationality otherwise than by descent. For that reason, it is necessary to provide more evidence when seeking proof of british citizenship for a child. Claim british citizenship for you and your family while. Section 251 and 252 of the british nationality act 1981 must be read together.
Find out about other routes to british citizenship sable. British nationality immigration lawyer, uk immigration. The changes to british nationality law on 30 april 2003 have since allowed those born in south africa from 8 february 1961 to 31 december 1982 to a ukborn, naturalized or registered citizen mother to apply for registration as a british citizen by descent which is a less regarded version of british citizenship by birth or naturalization or. Claim british citizenship for you and your family while you still can. He was a british citizen, yes, but he could be made unbritish. In nov 1948 there was no such thing as nz nationality all nz born were british. Read about the british citizenship requirements, application process and next.
So, for example, if you were born outside the uk after 01 january 1983 and your british parent is british by descent, you will not be british by descent. Indians resident and born in a princely state under the british raj, or in any other british protectorate or protected state under the british government. Claiming citizenship by double descent means you are claiming citizenship as a result of a ukborn grandparent. Your child is then a british citizen otherwise than by descent.
When guardian money surveyed other major eu countries, it emerges that ireland is taking the brunt of applications from british citizens, with remarkably few requests going to other eu nations. Applications for registration of children as british citizens. If you were a british citizen by descent at birth, then you are still a british citizen now. The difference is important because british citizens by descent cannot pass their british citizenship onto their children born outside of the uk. Guidance on whether an individual has an automatic claim to british citizenship. Are you eligible for british citizenship by double descent. It is a rare instance where british nationality can be derived by triple descent that is, from a great grandfather. If you use assistive technology such as a screen reader and need a version of this document in a more accessible. How to claim british nationality otherwise than by descent for my daughter born in paris sept 2000. A section for posts relating to applications for naturalisation or registration as a british citizen. If this is the case, then you would be deemed to be a uk citizen otherwise than by descent. A british citizen otherwise than by descent, can automatically pass on british citizenship to a child born outside the uk. They will not automatically gain citizenship, they will have to be resident in a british territory for a period of 3 years, and then they will be registered as british, and gain citizenship otherwise than by descent.
My question is that he and his hk born wife are expecting a baby and i would like to know what is needed for the baby to become a british citizen. Secure british citizenship for your child applications for registration. I am a full british citizen,my son is a british citizen by descent having been born in hk and he has not lived in the uk for more than a few weeks at a time. If your mother was born in the uk after 1 january 1983 and was british at the time of your birth, then you are a british citizen at birth and by operation of law that is, without any need to apply. In such situations, the relevant mother is considered as being british other than by descent and passes british citizenship to her children. Citizenship is the most privileged form of nationality. You would then be able to pass on the uk citizenship to your children, who would become uk citizens by descent as they were born to at least one uk parent abroad whom was a uk citizen, other than by descent. Board index united kingdom nontier british citizenship citizen by descent or other than by descent a section for posts relating to applications for naturalisation or registration as a british citizen. I suspect its similar to my husbands fathers situation and we are trying to prove he is a british citizen other than by descent so that my husband can get a british passport. Double descent and british citizenship for those born abroad with uk ancestry. There are different ways to apply for british citizenship based on your circumstances. Rules for acquiring british citizenship by descent depend on when the person was born. A british citizen other than by descent can automatically pass on british citizenship to a.
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