lestie

Hi

Im looking for some advice.

We have moved from the UK to Australia for work, and have been here 3 years.

We have full UK citizenship Other than by descent (one partner by birth, the other via naturalisation).

We have had a baby while in Australia, approx 4 months ago.

My question is - is it possible for her to gain full UK citizenship other than by descent, or is the Descent route the only one available ?

If baby claims by descent, my understand it is not possible to change this to 'other than by descent' via living in the UK for 5 years. Have I got this wrong ?

In the future, we may want to return to the UK, and it would be a shame for baby not to have full rights to be able to pass on to the next generation.

thanks for any help (ive tried to make the question as precise as possible !)

JAJ

Your child is British by descent.

See the following regarding how British citizenship by descent can be passed on:
http://www.bia.homeoffice.gov.uk/bri...en/bornabroad/
http://www.bia.homeoffice.gov.uk/bri...livingintheuk/

Bear in mind that the restriction on passing on citizenship does not apply when a British citizen (by descent) has a child born in the United Kingdom, Channel Islands, Isle of Man, or a British Overseas Territory. Or if the parent is in U.K. recruited "Crown Service".

Are you permanent residents of Australia?

Mummy in the foothills

But your child could have babies born in UK and they'd be Brits too right.
My Kids are Brits. Two by descent and one is naturalized UKC. So if they stay in US their kids will only be USC if they move to UK their kids will be UKC and USC by descent.
If we move back and forth each generation could be dual nationals for the foreseeable future

JAJ

Children cannot be naturalised British. Are you saying your child is registered British, and if so, under what section of the British Nationality Act? It will say so on the certificate.

There is no distinction between a USC "by descent" or otherwise, for the purpose of passing on United States citizenship.

lestie

Hi

Thanks for that feedback. In answer to your questions, yes we were perm residents in Australia when she was born. Since become citizens.

We have been holding off registering her with the British High Commission until we had a better idea of the rules.

Mummy in the foothills

One was naturalised after adoption in US. Thats what it looks like to us, she has a certificate that shows her as a citizen. They said we couldn't do the registration and get a certificate of birth by descent.

OK I see it, I went and look at the certificate, she's registered and it says 3(1) Does that make sense?
So does that make her a citizen she has a UK passport.

JAJ

She's already a British citizen (by descent). Nothing you can do to change that. You have to get a British passport to prove this, as consular birth registration is not available in Australia.

You should also get your daughter an Australian citizenship certificate.
http://britishexpats.com/wiki/Eviden...an_Citizenship

JAJ

She is a British citizen, clearly. As to whether she is British by descent or not, from the Home Office Nationality Instructions:
http://www.bia.homeoffice.gov.uk/sit...s/nichapter20/

20.2.1 Under s.14(1) of the 1981 Act, a British citizen born on or after 1 January 1983 is a British citizen by descent if he or she is a British citizen:

...

* by registration under s.3(1) and, at the time of the birth, the father or mother was a British citizen (s.14(1)(c)) ...

20.2.2 The reference in 20.2.1 to father or mother does not include an adoptive father or mother. This means that adopted children registered under s.3(1) are British citizens otherwise than by descent unless one of their natural parents was a British citizen at the time of the birth. For the definition of 'father' and 'mother', see Annex F to Chapter 6)."


Presumably, neither of her natural parents were British? If that's the case, then she is British otherwise than by descent.

Mummy in the foothills

Yes thats right, only we the adopting parents were Brits by birth. Confusing having so many different ways to be British

suhao

Hi i came across this thread and am extremely interested in your advice. I am a British citizen by naturalisation and currently pregnant and the father of my baby is not british. I am currently living outside the Uk and i sort of assumed that since i am British citizen, my child will automatically be British citizen... until i read this thread and the links therein and now am a bit confused...

Am reading this link
http://www.bia.homeoffice.gov.uk/bri...ritishcitizen/

and it says nothing about child born abroad to parent who is british by naturalisation and now am worried that my child wont get the citizenship...

does this mean that i might have to go back to UK to give birth???

appreciate your help!

suhao

Actually i read the Chapter 20 and see that children born abroad of british citizen otherwise than by descent (including by birth or naturalisation etc) will automatically get british citizenship... so thanks for posting this document..