For example, if you were born before 1 January 1983 to a British mother you can apply for registration as a British citizen under section 4C of the British Nationality Act 1981, but you will be regarded as a British citizen by descent rather than otherwise by descent. Is working outside the UK in one of the three types of service mentioned above, and, Was recruited to that service in the UK, or if the child was born on or after 21 May 2002, in a qualifying territory, or. A British citizen by descent cannot pass on British nationality to a child born abroad. That said, regardless of whether you are automatically a British citizen, or whether you are required to register your right to citizenship, this will entitle you to apply for either a child’s passport if you’re aged under 16 or an adult passport if you’re aged over 16. Read more about British Citizenship by Residency. Every British citizen is either a British citizen otherwise than by descent or a British citizen by descent. Section 2 of the British nationality Act 1981 says: A person born outside the United Kingdom and the qualifying territories after commencement shall be a British citizen if at the time of the birth his father or mother— (a) is a British citizen otherwise than by descent; or [emphasis added] The effect of the words “otherwise than by descent” is that there can be no “double descent”. ; A child born outside New Zealand to a New Zealand citizen by descent will not be a New Zealand citizen unless either: Step 1: Book an appointment with our specialists and sign a client agreement. This is a complex area of nationality law and will turn on the facts. Citizens otherwise than by descent can normally pass on British citizenshipthrough one generation to children born abroad, although the child will be unable to transmit their citizenship to subsequent generations overseas. Common ways to claim British citizenship . These individuals became British citizens by descent. You also have the option to opt-out of these cookies. This can be attained through birth, registration, naturalisation or adoption. The law distinguishes between British citizen or British Overseas Territories citizen by descent and those who hold those statuses otherwise than by descent. This website uses cookies to improve your experience while you navigate through the website. Step 4: Apply for citizenship. This will prove your right of abode in the UK as a British citizen, ie; your right to live and work in the UK restriction free. Settle in as little as two years and get naturalised in five. It is important to note, however, that the situation is different for children who have parents that are British ‘by descent’. A British citizen by descent is a person born outside the UK and is acquired if one or both parents are British citizens. Use one of the application forms below to register your citizenship by descent — even if you do not want a passport. You cannot pass on UK citizenship to children born outside the UK. 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 United Kingdom. You are born outside the UK to a parent who was a British citizen at the time; It does not matter whether the birth took place before or after 1 January 1983 as long as a child who was born before that date became a British citizen on that date; On 31 December 1982, he or she was a citizen of the United Kingdom and Colonies through: You lived in the UK while a citizen of the United Kingdom and Colonies for five years at any time before 1 January 1983, and was not subject to restrictions under the immigration laws at the end of that five year period. This means that you cannot automatically pass on British citizenship to any child who is born abroad. If you are not British but have a British grandparent and are a Commonwealth citizen then you have the option to apply for a UK Ancestry Visa as an alternative to applying for British Citizenship by descent (grandparent). This letter merely records UKVI’s opinion that a person possesses a form of British nationality. If you do not wish to apply for a British passport, but require confirmation of how you acquired British nationality for another purpose, you can apply for a certificate of entitlement using Form ROA. But opting out of some of these cookies may have an effect on your browsing experience. This means that you cannot automatically pass on British citizenship to any child who is born abroad. This is less restrictive than current British nationality law, which allows citizenship by decent to pass down only one generation. New Zealand citizens by descent have the same rights as any other New Zealand citizens except the right to pass on New Zealand citizenship to children born outside New Zealand. By submitting, you agree to our Privacy Policy. From 1 January 1883, a child born outside the UK acquires UK citizenship through descent if at least one parent is a UK citizen through birth, naturalisation, registration or adoption. Passing on your British Citizenship to children. A British citizen by descent cannot automatically pass citizenship to a child born outside the UK. Who needs a UK Tier 2 Work Visa or other visa? Restriction on passing on citizenship. With British citizenship by descent, however, you can not normally pass citizenship to children born outside of the UK, unless they were born to a parent in crown, designated or EU service. Registered Office: Level 30, The Leadenhall Building, 122 Leadenhall Street, London, EC3V 4AB, Branding, Digital & Website by Rokman Laing. If you have your children in the UK, they will be British citizens. 542691 Someone who acquires British citizenship in this way can pass British citizenship on to his or her children regardless of where their children are born. Step 3: Extend your visa or apply for settlement. It is important to take action and process your British citizenship application before a child turns 18. Different rules apply to children born to a parent who, at the time of birth, is a British citizen in: A child will be a British citizen otherwise than by descent at birth if, when the child is born, one of the parents: The automatic acquisition of British citizenship refers to where you acquire citizenship without the need to register your right. You are a British citizen by descent if: You are born outside the UK to a parent who was a British citizen at the time; Yes, you can apply for Irish citizenship by descent. UK Sole Representative of an overseas business visa, UK Marriage visa (Family of a Settled Person Visa) tips, UK Fiancé visa (Family of a Settled Person Visa) tips, EU, EEA and Swiss Nationals Working in the UK, UK Permanent Residence and UK Citizenship, UK Permanent Residence/Indefinite Leave to Remain, UK Citizenship and Naturalisation - How to apply, Children born outside the UK/qualifying territory, UK Children of parents in Crown and similar services, Children who will not be British citizens. British Citizenship by descent (grandparent) applications will be considered on discretionary grounds, and it will be for the applicant to provide sufficient evidence to support their claim. British Citizenship by Descent Rules To be recognised as a British Citizen by descent, normally you would have been born overseas (outside the UK) but have British parents. Once a person is entered onto the Foreign Births Register they are an Irish citizen and entitled to apply for an Irish passport. In these cases, you can become an Irish citizen through Foreign Birth Registration. Step 2: Apply for Investor or Innovator visa. These cookies will be stored in your browser only with your consent. You are not officially a citizen until you have registered. A country of scenic landscapes and rich traditions, Ireland may be best known for its craic, or good times. When submitting your application you must supply documentary evidence of the identity of those people; ie; your ancestors, you use to support your claim to British citizenship. someone who was a British citizen born in the UK (“otherwise than by descent” also includes those who are naturalised). However, exceptions apply where one of the parents is a British citizen working in one of the following types of service and was recruited in the UK, or if the child was born on or after 21 May 2002: Crown service Necessary cookies are absolutely essential for the website to function properly. Prior to the current Act coming into force in 1983, only British fathers were able to pass on citizenship as long as the birth was registered at a British consulate within a year. Under UK nationality rules, British citizens are classed as either having British citizenship by descent’ or ‘British citizenship otherwise than by descent’. 10 years ago. You can be a British citizen otherwise than by descent in the following circumstances: There are also some limited circumstances in which a child who is born outside the UK to a British citizen otherwise than by descent may also be a British citizen otherwise than by descent. British citizen by descent applies where an individual is born outside the UK and one or both parents are British citizens. You may, alternatively, need to produce evidence from the Home Office of settled status and that one or both your parents had indefinite leave to remain in the UK. Before 1 July 2006 a British man could not pass on citizenship to a child born outside the UK if he was not married to the child’s mother. In these cases their child born to parents who are British citizens ‘otherwise than by descent’ will also be entitled to British citizenship. A child born outside the UK will not usually be a British citizen if neither parent is a British citizen otherwise than by descent since a parent who is a British citizen by descent cannot normally pass that status on. Lucky for you, working in Ireland means 20 mandatory vacation days by law and living in one of the friendliest countries in the world. As such, if a person wishes to establish whether they hold British nationality they should be advised to make a passport application or an application for a certificate of entitlement to the right of abode. Where a child is born overseas to a parent who is a British citizen otherwise than by descent, that child will automatically acquire British citizenship. There are, however, several other ways in which you may be deemed a British citizen by descent, in particular, by registration. Post by Sceptic » Wed May 12, 2010 9:59 am I would be grateful if someone could help with the following - ... EWCA Civ 659 whether someone who was a British citizen by descent could go through the process of naturalisation so as to become a citizen otherwise than by descent. This website uses cookies to improve your experience. These cookies do not store any personal information. We are the world's most popular immigration advice site with millions of page views a month. You were born outside the UK British citizenship is normally automatically passed down one generation to children born outside the UK. Between 1949 and 1983, children born outside the UK to British citizen fathers who were also born outside the UK (i.e. , an exception may be allowed where the parent was in one of three types service! 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