Saxon505

Hi there,
I wonder if anyone knows whether my children are eligible for UK citizenship. Each call to the Home Office differs, one says definitely not you will lose your application fee; another says possibly. Whether we lodge an application is now urgent as my son turns 18 in two weeks.

Both my teenage children (1997, 1998) were born in Australia to their British father and I (born NZ), we never married.

Here are some facts:
- Their father was an officer in the British Army on active service Malaysia.
- Their British grandfather was an RAF test-pilot, trained Pilot Instructors, bomber command WW11.
- Their dad was born at RAF Hospital Cranwell during this time.
- Their British great grandfather, an officer in the British Army in active service WW1.

I read children may be eligible if their grandparent was in Crown service at the time of their fathers birth. Would greatly appreciate if anyone understands these laws.
Many thanks

stuie83

Now I am no expert but clicking through the 'Am I a UK citizen' tool on the gov.uk website it looks like your children are not in luck when their eligibility for British citizenship by descent is assessed. https://www.gov.uk/check-british-citizen

'If you were born before 1 July 2006 and your parents weren’t married when you were born (and haven’t married since), you can’t get British citizenship through your father.'

The tool suggests that if your a child's father had been in Crown service they would would have acquired British citizenship 'not by descent'. That would have been good as their children could then have claimed British citizenship 'by descent' if they were born outside of the UK.

Applying that information to your children's British grandparents... In theory a grandparent in crown service could have a child overseas 'not by descent' and grandchildren would then be able to claim British citizenship 'by descent'... but to claim British citizenship 'by descent' for grandchildren born before 2006 their British father would still need to be married to their non-British mother.

The wording really gets confusing. I hope it makes sense.

BritInParis

If I am reading your post correctly then your children's father was born in the UK and therefore Crown service does not enter into the equation. The issue is that your children were born outside the UK before 1 July 2006 to a unmarried British father and a non-British mother. This means they ordinarily cannot claim British citizenship.

However, to repeat my reply on a similar thread, Section 65 of the Immigration Act 2014 made an amendment to the British Nationality Act 1981 (specifically Section 4G) which would allow your children to register as British citizens. This is not age dependent so could be done after they turn 18.

https://www.gov.uk/government/upload...t_2014__2_.pdf

However it has yet to commence and there's no indication when this will be. When it does though (presumably later this year) your children will be able to register as British citizens.

Saxon505

Thank you for your replies. Section 65 sounds promising that my children may be recognised in the future as the UK has been closing down options for rights of Commonwealth citizens to live and work in the UK, therefore Europe. I don't know if I should take the risk for my son and wait. My children find it rather distressing they don't exist as far as their UK heritage is concerned.

I notice you say Crown service is not relevant. I have read in some circumstances British nationality can be claimed where the child's British grandparent was on "war duty" at the time their parent was born. This again may only refer to legitimate children.

Thank you

Saxon505

Thank you for your replies. Section 65 sounds promising that my children may be recognised in the future as the UK has been closing down options for rights of Commonwealth citizens to live and work in the UK, therefore Europe. I don't know if I should take the risk for my son and wait. My children find it rather distressing they don't exist as far as their UK heritage is concerned.

I notice you say Crown service is not relevant. I have read in some circumstances British nationality can be claimed where the child's British grandparent was on "war duty" at the time their parent was born. This again may only refer to legitimate children.

Thank you

slackbloke

I think Stuie83 has already covered the issue of grandparents. You cannot get citizenship by double decent. The grandparent issue is about passing on citizenship not by descent to the parent. This is irrelevant in your case as you childrens' father had citizenship not by descent anyway. It's the not being married that's the issue.