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British Citizenship by Descent

Eligibility for individuals born outside the UK to claim British citizenship through their parents or grandparents.

Sections

1. Legal Framework

British Citizenship by Descent is governed by the British Nationality Act 1981, which outlines the rules for acquiring British citizenship. The Act distinguishes between citizenship by descent and citizenship otherwise than by descent (e.g., by birth in the UK or naturalisation).

Key points:

  • Citizenship by descent is typically limited to one generation born outside the UK.
  • It is designed to allow children born abroad to British citizens to inherit British nationality under certain conditions.

2. Eligibility Criteria

Eligibility for British Citizenship by Descent depends on several factors, including the date of birth, the citizenship status of the parent(s), and the circumstances of the birth. Below are the main scenarios:

A. If You Were Born Outside the UK Before 1 January 1983

  • You are a British citizen by descent if:
    • Your father was a British citizen at the time of your birth, and
    • Your parents were married at the time of your birth (if not, see section on illegitimacy below).
  • If your father was a British citizen by descent, you cannot automatically pass on citizenship to your children born outside the UK.

B. If You Were Born Outside the UK On or After 1 January 1983

  • You are a British citizen by descent if:
    • One of your parents was a British citizen "otherwise than by descent" at the time of your birth (e.g., they were born in the UK, naturalised, or registered as a British citizen).
  • If your parent was a British citizen by descent, you are not automatically a British citizen unless specific conditions are met (e.g., the parent lived in the UK for a certain period before your birth).

C. Special Cases

  1. Children of British Mothers (Born Before 1983):

    • Before 1983, British citizenship could only be passed through the father. However, under the British Nationality (Falkland Islands) Act 1983 and subsequent amendments, individuals born before 1983 to British mothers can now register as British citizens.

  2. Adopted Children:

    • If you were adopted outside the UK by a British citizen, you may be eligible for British citizenship by descent, provided the adoption was recognised under UK law.

  3. Illegitimate Children:

    • Since 1 July 2006, children born out of wedlock can inherit British citizenship from either parent. For births before this date, special applications may be required.

  4. Children Born to British Citizens in Crown Service:

    • If your parent was working for the UK government or Crown service at the time of your birth, you may qualify for British citizenship even if your parent was a citizen by descent.

3. Application Procedures

If you are eligible for British Citizenship by Descent, you may need to apply for a British passport or register as a British citizen in certain cases. Below are the steps:

A. Applying for a British Passport

  1. Gather Documents:

    • Your birth certificate.
    • Your parent’s birth certificate and proof of British citizenship (e.g., passport or naturalisation certificate).
    • Marriage certificate of your parents (if applicable).
    • Evidence of your parent’s residence in the UK (if required).

  2. Complete the Application:

    • Apply online or via a paper form (Form OS for overseas applications).
    • Provide biometric information (fingerprints and photo).

  3. Submit the Application:

    • Send the completed application and supporting documents to HM Passport Office or the relevant British embassy/consulate if applying from abroad.

B. Registering as a British Citizen (If Required)

If you are not automatically a British citizen by descent but qualify under special provisions (e.g., born to a British mother before 1983), you must register as a British citizen.

  1. Complete the Application Form:

    • Use Form MN1 (for children under 18) or Form UKM (for adults born to British mothers before 1983).

  2. Provide Supporting Documents:

    • Proof of your parent’s British citizenship.
    • Your birth certificate.
    • Any additional documents required for your specific case.

  3. Pay the Fee:

    • See costs section below.

  4. Attend a Citizenship Ceremony (If Required):

    • Adults registering as British citizens must attend a citizenship ceremony to receive their certificate of registration.

4. Costs

The costs associated with British Citizenship by Descent vary depending on the type of application:

  • British Passport Application:

    • £93 for adults applying from outside the UK.
    • £64 for children applying from outside the UK.

  • Registration as a British Citizen:

    • £1,206 for adults (as of 2023).
    • £1,012 for children under 18.

  • Biometric Enrolment Fee:

    • £19.20 (if required).

  • Additional costs may include translation of documents, postage, and legal advice (if needed).

5. Country-Specific Considerations

  • Dual Citizenship:

    • The UK allows dual citizenship, meaning you can hold British citizenship alongside another nationality. However, check whether your home country permits dual citizenship, as some countries require you to renounce your original nationality.

  • Transmission of Citizenship:

    • British Citizenship by Descent cannot usually be passed to children born outside the UK. If you plan to have children abroad, consider moving to the UK to ensure they can acquire British citizenship.

  • Proof of Citizenship:

    • If you are a British citizen by descent, you may need to provide extensive documentation to prove your status when applying for a passport or registering your children.

  • Living in the UK:

    • If you are a British citizen by descent and wish to move to the UK, you have the same rights as any other British citizen, including the right to live, work, and access public services.

6. Additional Resources

  • UK Government Website: www.gov.uk
  • British Nationality Act 1981: Full text available online for legal reference.
  • Legal Advice: Consult an immigration lawyer or nationality expert for complex cases.

Summary

British Citizenship by Descent is a valuable pathway for individuals born outside the UK to claim British nationality through their parent(s). However, the rules are complex and depend on factors such as the date of birth, the parent’s citizenship status, and the circumstances of the birth. Ensure you gather all necessary documents, understand the costs, and follow the correct application procedures. If in doubt, seek professional advice to navigate the process smoothly.