Every British citizen is either a British citizen otherwise than by descent or a British citizen by descent. 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. In these cases their child born to parents who are British citizens ‘otherwise than by descent’ will also be entitled to British citizenship. DavidsonMorris Ltd t/a DavidsonMorris Solicitors is a company Registered in England & Wales No. 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”. Section 14(1) of the British Nationality Act 1981 provides an extensive definition of the term ‘British citizen 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. This can be attained through birth, registration, naturalisation or adoption. ; A child born outside New Zealand to a New Zealand citizen by descent will not be a New Zealand citizen unless either: 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. In some cases, you may be able to acquire citizenship if your grandparents were British … Lucky for you, working in Ireland means 20 mandatory vacation days by law and living in one of the friendliest countries in the world. It is important to take action and process your British citizenship application before a child turns 18. 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. 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. 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. 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. Read more about British Citizenship by Birth. I have managed to register as a British citizen by descent, under the UKM Provisions. You were born outside the UK British citizenship is normally automatically passed down one generation to children born outside the UK. These individuals became British citizens by descent. Get the DM Business Newsletter & Invitations to our Events. This website uses cookies to improve your experience. 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. 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. In order to be eligible to apply for a UK Ancestry Visa, you would need to match the following requirements: Fees. 10 years ago. This refers to parents who were born, adopted or naturalised in the UK. 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. 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 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. You also have the option to opt-out of these cookies. This can be attained through birth, registration, naturalisation or adoption. Regulated by the Solicitors Regulation Authority No. 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 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. We also use third-party cookies that help us analyze and understand how you use this website. 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. Step 3: Extend your visa or apply for settlement. If serving with a European Community institution, was recruited in a country that was a member of the European Union at the time. 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. Me. You were BORN IN THE UK* (or Northern Ireland) before 1983. This is less restrictive than current British nationality law, which allows citizenship by decent to pass down only one generation. Registered Office: Level 30, The Leadenhall Building, 122 Leadenhall Street, London, EC3V 4AB, Branding, Digital & Website by Rokman Laing. No other of the rights or duties that go with British citizenship are affected by this status. 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. If you have your children in the UK, they will be British citizens. 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). These cookies will be stored in your browser only with your consent. 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. It is important to note, however, that the situation is different for children who have parents that are British ‘by descent’. Alternatively you can ask the Home Office for a letter of status using Form NS. 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. You are a British citizen by descent if: Call for paid service +44 (0)344-991-9222. 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. Children born outside the country from UK nationals can acquire British nationality “otherwise than by descent”. Changes to rules on citizenship by descent Before July 2020, only biological parents could pass down their Canadian citizenship to their children. Please note, however, that a status letter issued by the Home Office is not a certificate of nationality. The UK offers various routes to British Citizenship through automatic acquisition, registration and naturalisation. 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. 0 0. Necessary cookies are absolutely essential for the website to function properly. 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. However, an exception may be allowed where the parent was in one of three types of service as set out below. 6183275 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. We are the world's most popular immigration advice site with millions of page views a month. This website uses cookies to improve your experience while you navigate through the website. Once a person is entered onto the Foreign Births Register they are an Irish citizen and entitled to apply for an Irish passport. You are a citizen of the United Kingdom and Colonies by connection with the Falkland Islands and Dependencies (i.e. 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 British by decent. These cookies do not store any personal information. A British citizen by descent is a person born outside the UK and is acquired if one or both parents are British citizens. 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. Yes, you can apply for Irish citizenship by descent. A British citizen by descent cannot pass on British nationality to a child born abroad. Settle in as little as two years and get naturalised in five. someone who was a British citizen born in the UK (“otherwise than by descent” also includes those who are naturalised). Under UK nationality rules, British citizens are classed as either having British citizenship by descent’ or ‘British citizenship otherwise than by descent’. 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. British citizen by descent applies where an individual is born outside the UK and one or both parents are British citizens. This new route to UK citizenship affects thousands of … Children born outside the UK, with British parents, are usually considered "British by descent". 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. Your 5 steps to becoming UK citizen. As a general rule, British citizens by descent cannot usually pass their status on to their children born outside the UK. Passing on citizenship. They are particularly popular with South Africans. 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. But opting out of some of these cookies may have an effect on your browsing experience. 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. A British citizen otherwise than by descent, can automatically pass on British citizenship to a child born outside the UK. It is mandatory to procure user consent prior to running these cookies on your website. 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. Step 2: Apply for Investor or Innovator visa. 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. 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. With British citizenship by descent, however, you can not norma… 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. 542691 You are not officially a citizen until you have registered. The following three routes are the bread and butter of British citizenship applications. 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. 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. 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. Under UK nationality rules, British citizens are classed as either having British citizenship by descent’ or ‘British citizenship otherwise than by descent’. 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 … 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. This means that you cannot automatically pass on British citizenship to any child who is born abroad. Step 4: Apply for citizenship. South Georgia and the South Sandwich Islands). There are, however, several other ways in which you may be deemed a British citizen by descent, in particular, by registration. Tier 1 Investor Visa (Application Guidance). Who needs a UK Tier 2 Work Visa or other visa? Taking professional legal advice will ensure you are considering all of your options and electing for the most appropriate for the circumstances. Read more about British Citizenship by Residency. 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. 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). 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. Will I be able to pass on my citizenship to my children? 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