E17Avenue

Long time no post. Been busy with non-Brit stuff.

So we are finally expecting our first child and the question has arisen, will (s)he be a British citizen?

I am British born and bred and still a citizen afaik, holder of a British passport, but have not lived in the UK since 1993.

My wife is American and our child will be born in the US.

I have checked the notes on this page and none of the options really "fit":
http://www.bia.homeoffice.gov.uk/bri...ritishcitizen/

The Section 3(2) seems the closest, but the information makes a very clear distinction between the rights of those who are British by descent and those who are British. So although I do qualify as British by descent (because I am British by descent AND British full stop), it seems there is a step missing somewhere, for those children of British parents full stop.

Can anyone who has gone through the mill shed some light on this?

I am not sure this is in the right place but I couldn't find the right forum for it.

Ozzidoc

Your kid will be a Brit and a Yank

E17Avenue

OK I just found this after posting, in the guide to MN1:

"2 British citizenship by descent
British citizenship may descend to one generation born abroad. So a child born abroad to
a parent who is British otherwise than by descent will automatically be British by descent."

So we don't have to do anything but file for their passport?

md95065

I think that you are confused about what "by descent" means in this context.

I suspect from what you have said (that you are "British full stop") means that, in this context, you are British "other than by descent" - ie that you are British in your own right - it doesn't matter that your parents were also British because that isn't what got you your citizenship - you are most likely British because you were born in the UK - that means that you are British "other than by descent".

Since you are British "other than by descent" you can pass British citizenship on to your children who, if they are born outside of the UK, will be "British by descent" (from you).

E17Avenue

Right, md, I think I realised that when I found the information that I just posted (and you may have missed prior to posting your reply). I was looking for exactly that missing link. The fact that our child will be automatically British is the missing link - nothing to apply for but the consular birth certificate and the kid's passport. I was looking for something that wasn't there.

SagenOnion

My 3 daughters are "Brits by descent" as they were all born in the US of a Brit Dad and Yank Mum.


It's all cool for them but wont help their kids.

Ozzidoc

Your grandkids (ie their kids) will, under current rules, be eligible for an ancestry visa, which can lead to citizenship. That's what I did

Bob

But when he has them will likely not exist as there was talks of stopping that, much like the Irish finally address how many generations you could blag a tie before taking the mick...

Either way, if his kids live in the UK for a few years themselves, they'll be able to pass it on directly themselves too.

Trixie_b

CONGRATULATIONS!

Ash UK/US

Which hospital are you using?

E17Avenue

Butterworth, it's only half a mile from home. And the OB is across the street from there.

TracyTN

Thanks for starting this thread. I'm expecting, too, and want to be sure and get my child a British passport. I didn't know about the consular birth certificate so I'll research that too. Thanks!!

Can I just say I'm bitter that I cannot have a British passport (unless we move there)?

Ash UK/US

Both of my girls were born at Butterworth, do yourself a favour (or your wife) after you are moved from labor and delivery make sure they put you in Centre NOT W5. I ended up making a complaint about W5 and getting some money off my bill. If I had been put there with my first I would not have known the difference but there is a big difference between W5 and the center tower.