Section 14(1) of the British Nationality Act 1981 provides an extensive definition of the term ‘British citizen by descent’. The UK offers various routes to British Citizenship through automatic acquisition, registration and naturalisation. Step 5: Get your British passport. Fees. 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. 0 0. The law distinguishes between British citizen or British Overseas Territories citizen by descent and those who hold those statuses otherwise than by descent. After years of gender discrimination in British nationality law which prevented thousands of South Africans from claiming British citizenship by double descent, the UK’s Supreme Court has fixed one of the injustices. As a general rule, British citizens by descent cannot usually pass their status on to their children born outside the UK. Regulated by the Solicitors Regulation Authority No. Prior to 1983, citizenship of the UK and Colonies was automatically transferred for only one generation and only through the father, if parents were married. Read more about British Citizenship by Residency. You can be a British Citizen otherwise than by descent by: A British citizen by descent is a person born outside the UK and is acquired if one or both parents are British citizens. Between 1949 and 1983, children born outside the UK to British citizen fathers who were also born outside the UK (i.e. This evidence can include evidence of marriage and registration as citizens of the UK and Colonies or British citizenship, including immigration status, where this is relevant. 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. Discover how you can become a British citizen through your grandparent Born after 1 January 1983 (Under 18) There are special provisions in British nationality law for children under 18 that may make it possible for you to claim British nationality. Necessary cookies are absolutely essential for the website to function properly. In some cases, British Citizenship by ‘double descent’ may be attainable where at least one of your grandparents was British or born in the UK. fathers who were British “by descent” only) could be registered at a British consulate within one year of their birth (or later subject to the Home Secretary’s discretion) to ensure the child’s acquisition of British citizenship under 5 (1) (b) of the British Nationality Act 1948. This refers to parents who were born, adopted or naturalised in the UK. Will I be able to pass on my citizenship to my children? someone who was a British citizen born in the UK (“otherwise than by descent” also includes those who are naturalised). British citizen by descent applies where an individual is born outside the UK and one or both parents are British citizens. Changes to rules on citizenship by descent Before July 2020, only biological parents could pass down their Canadian citizenship to their children. 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. You will have been classified as British Otherwise than by Descent, can hold a British Passport, and can pass British Nationality to your children, irrespective of where these children are born. In these cases, you can become an Irish citizen through Foreign Birth Registration. We'll assume you're ok with this, but you can opt-out if you wish. Taking professional legal advice will ensure you are considering all of your options and electing for the most appropriate for the circumstances. 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. For adults aged 16 or over it costs: NZD$204.40 to register your citizenship; NZD$395.40 to register your citizenship and get a … ; A child born outside New Zealand to a New Zealand citizen by descent will not be a New Zealand citizen unless either: Tier 1 Investor Visa (Application Guidance). There are, however, several other ways in which you may be deemed a British citizen by descent, in particular, by registration. This category only includes cookies that ensures basic functionalities and security features of the website. Where you have been given citizenship after applying for it in your own right, for example, by being naturalised or registered as a British citizen. Step 3: Extend your visa or apply for settlement. A British citizen otherwise than by descent, can automatically pass on British citizenship to a child born outside the UK. Children born outside the country from UK nationals can acquire British nationality “otherwise than by descent”. You were BORN IN THE UK* (or Northern Ireland) before 1983. Citizenship by descent ; You can apply for citizenship by descent if you were born outside of the UK to a parent who was born in the UK. Get the DM Business Newsletter & Invitations to our Events. Step 1: Book an appointment with our specialists and sign a client agreement. Lucky for you, working in Ireland means 20 mandatory vacation days by law and living in one of the friendliest countries in the world. We also use third-party cookies that help us analyze and understand how you use this website. By way of example, you may need to provide a birth certificate showing your parents’ details and the country in which they were born or a certificate of naturalisation or registration issued describing the holder as a British citizen. Most British citizens are “British otherwise than by descent.” “British by descent” means the person was born outside the UK to a parent who was British otherwise than by descent, e.g. Common ways to claim British citizenship . Every British citizen is either a British citizen otherwise than by descent or a British citizen by descent. Read more about British Citizenship by Birth. Yes, you can apply for Irish citizenship by descent. British citizenship only passes down one generation abroad, So as a British citizen by descent, your children can only be British if they are born in the UK. This can be attained through birth, registration, naturalisation or adoption. You were born outside the UK British citizenship is normally automatically passed down one generation to children born outside the UK. 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. This can be attained through birth, registration, naturalisation or adoption. 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. 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. Children born outside the UK, with British parents, are usually considered "British by descent". But opting out of some of these cookies may have an effect on your browsing experience. A British citizen by descent is a person born outside the UK and is acquired if one or both parents are British citizens. A country of scenic landscapes and rich traditions, Ireland may be best known for its craic, or good times. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. These cookies will be stored in your browser only with your consent. 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. This means that you cannot automatically pass on British citizenship to any child who is born abroad. Passing on citizenship. You are a citizen of the United Kingdom and Colonies by connection with the Falkland Islands and Dependencies (i.e. In order to be eligible to apply for a UK Ancestry Visa, you would need to match the following requirements: 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. 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. This letter merely records UKVI’s opinion that a person possesses a form of British nationality. Step 4: Apply for citizenship. 542691 You are a British citizen by descent if: Call for paid service +44 (0)344-991-9222. South Georgia and the South Sandwich Islands). Indefinite Leave To Remain | How To Apply, Indefinite Leave to Remain Premium Service FAQs, UK Visa Processing Times (Latest from UKVI), Where you were born or adopted in the UK before 1 January 1983, Where you were born in the UK on or after 1 January 1983 to a mother or, if your parents were married, a father, who was a British citizen or settled in the UK, Where you were born in the UK on or after 1 July 2006 where either parent is a British citizen or settled in the UK. 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; Where a British citizen falls outside of the definition provided for by virtue of section 14(1) of the 1981 Act for British citizens by descent, they will automatically be a British citizen otherwise than by descent. With British citizenship by descent, however, you can not norma… If serving with a European Community institution, was recruited in a country that was a member of the European Union at the time. A British citizen by descent cannot automatically pass citizenship to a child born outside the UK. 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. Those born outside Scotland to at least one parent who has Scottish citizenship – this appears to be modelled on the Irish system, allowing citizenship by descent where an overseas birth is registered in Scotland. By submitting, you agree to our Privacy Policy. Use one of the application forms below to register your citizenship by descent — even if you do not want a passport. Registered Office: Level 30, The Leadenhall Building, 122 Leadenhall Street, London, EC3V 4AB, Branding, Digital & Website by Rokman Laing. You also have the option to opt-out of these cookies. (f) A “British citizen by descent” cannot normally pass on citizenship to a child born overseas. This means that you cannot automatically pass on British citizenship to any child who is born abroad. These individuals became British citizens by descent. Citizens otherwise than by descent can normally pass on British citizenship through one generation to children born abroad, although the child will be unable to transmit their citizenship to subsequent generations overseas. DavidsonMorris Ltd t/a DavidsonMorris Solicitors is a company Registered in England & Wales No. Restriction on passing on citizenship. 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. Under UK nationality rules, British citizens are classed as either having British citizenship by descent’ or ‘British citizenship otherwise than by descent’. Once a person is entered onto the Foreign Births Register they are an Irish citizen and entitled to apply for an Irish passport. Many of the big tech and pharma companies in the world have their European headquarters in Ireland because of the low tax rates and skilled workforce. Lv 7. No other of the rights or duties that go with British citizenship are affected by this status. 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. Alternatively you can ask the Home Office for a letter of status using Form NS. Only the courts can determine conclusively whether that person is actually a British national. 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. This website uses cookies to improve your experience. 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”. I have managed to register as a British citizen by descent, under the UKM Provisions. 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. They are particularly popular with South Africans. Do I Need to Take the Life in the UK Test? Under UK nationality rules, British citizens are classed as either having British citizenship by descent’ or ‘British citizenship otherwise than by descent’. 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. Passing on your British Citizenship to children. However, an exception may be allowed where the parent was in one of three types of service as set out below. It is important to note, however, that the situation is different for children who have parents that are British ‘by descent’. Who needs a UK Tier 2 Work Visa or other visa? Specific scenarios for children under 18 for example may apply and provide eligibility for double descent, but will not be available once the child turns 18 and becomes subject to adult nationality rules. Settle in as little as two years and get naturalised in five. 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. For advice and assistance in relation to a British Citizenship application or appeal, contact our Immigration Barristers & Lawyers in London on 0203 617 9173. Step 2: Apply for Investor or Innovator visa. This is a complex area of nationality law and will turn on the facts. Your 5 steps to becoming UK citizen. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. The following three routes are the bread and butter of British citizenship applications. These cookies do not store any personal information. 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This website uses cookies to improve your experience while you navigate through the website. We are the world's most popular immigration advice site with millions of page views a month. If your father 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). As of July 2020, non-biological parents can pass down their Canadian citizenship to their children who were born outside Canada if they’re the child’s legal parent at birth (opens in a new tab). 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. You are not officially a citizen until you have registered. British citizenship by descent allows individuals who were not born in the UK to become British citizens on the basis of a parent’s, or in some cases grandparent’s, British status. 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. 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. 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. You cannot pass on UK citizenship to children born outside the UK. This new route to UK citizenship affects thousands of … Please note, however, that a status letter issued by the Home Office is not a certificate of nationality. A British citizen by descent cannot pass on British nationality to a child born abroad. 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. You are British by decent. In these cases their child born to parents who are British citizens ‘otherwise than by descent’ will also be entitled to British citizenship. If you have your children in the UK, they will be British citizens. This is less restrictive than current British nationality law, which allows citizenship by decent to pass down only one generation. It is important to take action and process your British citizenship application before a child turns 18. 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. 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. 6183275 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). 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 10 years ago. Me. 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. 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