Citizenship by decent or birth - trying for daughter's passport
Feb 7th 2018, 9:53 am
#1
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Joined: Feb 2018
Posts: 3
Citizenship by decent or birth - trying for daughter's passport
I saw a similar and very helpful tread on this site on this topic - but gathered specifics matter. Hoping someone might be able to tell me if I can get a UK passport for my daughter (currently 2 years old). This requires me to determine if my citizenship it by birth or by decent.
My father was a UK national (my Mum is a South African, they were married). He moved to South Africa as a missionary priest in the 1950s.
I was born in 1976 in South Africa.
My birth was registered as 'Birth within the district of the British Consul General at Durban' in 1978.
My family moved to the UK shortly after this registration in 1978.
I lived in the UK from 1978 until 1991. Again for a year in 1996. And again for two years in 2004/5. I currently live in South Africa.
I have a UK passport
My wife is South African. Our Daughter was born in South Africa in 2015.
I understand from the tread that I read here that there have been examples where people in this situation have been classified as British: 'Being a British citizen by registration makes me a British citizen otherwise than by descent.'. And have gone on to claim citizenship for their children.
My question is, can I make the case for my daughter?
Any advice would be most welcome.
My father was a UK national (my Mum is a South African, they were married). He moved to South Africa as a missionary priest in the 1950s.
I was born in 1976 in South Africa.
My birth was registered as 'Birth within the district of the British Consul General at Durban' in 1978.
My family moved to the UK shortly after this registration in 1978.
I lived in the UK from 1978 until 1991. Again for a year in 1996. And again for two years in 2004/5. I currently live in South Africa.
I have a UK passport
My wife is South African. Our Daughter was born in South Africa in 2015.
I understand from the tread that I read here that there have been examples where people in this situation have been classified as British: 'Being a British citizen by registration makes me a British citizen otherwise than by descent.'. And have gone on to claim citizenship for their children.
My question is, can I make the case for my daughter?
Any advice would be most welcome.
Feb 7th 2018, 10:36 am
#2
Joined: Feb 2012
Location: Not in Paris
Posts: 18,192
Re: Citizenship by decent or birth - trying for daughter's passport
Ordinarily you would be classed as British by descent. This means that your daughter would have not automatically become British at birth. However as she is under 18 and you lived in the UK for at least three consecutive years before she was born then you can make an application to the Home Office to register her as a British citizen. This would give her British citizenship by descent. Any further generations born overseas would not be eligible for citizenship using the same method.
If your intention is to move to the UK as a family for at least three years whilst your daughter is under 18 then it would be preferable from a citizenship point of view to apply for a child settlement visa for her. After three years you can apply to register her as a British citizen but she will be given British citizenship otherwise than by descent meaning her children would automatically be British regardless of their place of birth.
If your intention is to move to the UK as a family for at least three years whilst your daughter is under 18 then it would be preferable from a citizenship point of view to apply for a child settlement visa for her. After three years you can apply to register her as a British citizen but she will be given British citizenship otherwise than by descent meaning her children would automatically be British regardless of their place of birth.
Feb 7th 2018, 10:50 am
#3
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Joined: Feb 2018
Posts: 3
Re: Citizenship by decent or birth - trying for daughter's passport
Ordinarily you would be classed as British by descent. This means that your daughter would have not automatically become British at birth. However as she is under 18 and you lived in the UK for at least three consecutive years before she was born then you can make an application to the Home Office to register her as a British citizen. This would give her British citizenship by descent. Any further generations born overseas would not be eligible for citizenship using the same method.
If your intention is to move to the UK as a family for at least three years whilst your daughter is under 18 then it would be preferable from a citizenship point of view to apply for a child settlement visa for her. After three years you can apply to register her as a British citizen but she will be given British citizenship otherwise than by descent meaning her children would automatically be British regardless of their place of birth.
If your intention is to move to the UK as a family for at least three years whilst your daughter is under 18 then it would be preferable from a citizenship point of view to apply for a child settlement visa for her. After three years you can apply to register her as a British citizen but she will be given British citizenship otherwise than by descent meaning her children would automatically be British regardless of their place of birth.
Feb 7th 2018, 11:05 am
#4
Joined: Feb 2012
Location: Not in Paris
Posts: 18,192
Re: Citizenship by decent or birth - trying for daughter's passport
https://www.gov.uk/government/public...tizen-form-mn1
Feb 7th 2018, 11:38 am
#5
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Joined: Feb 2018
Posts: 3
Re: Citizenship by decent or birth - trying for daughter's passport
Thanks! I followed the link and read the guide, found the relevant section and an example which fits perfectly. All clear now, a huge help. Thanks again.
