DaveandLinda

I am hoping someone can clarify my conclusions to recent research I have been doing. I was born in 1950 in a Berlin British Military Hospital to a British father (in the army) and German mother. I assume that this gave me British Citizenship by descent and that after 1983 when the law changed I then became a British Citizen other than by descent.

1.
I moved to the UK with my parents in 1950, married a British citizen and continued to live there until I recently emigrated to Australia. In between, for work purposes, I lived with my husband abroad on and off, where my daughter was born in 1980 and my son in 1984. Both my children have had British passports since shortly after birth. I am assuming that as I was a British Citizen by descent in 1980, that my daughter inherited her British citizenship from her father and that that she is also a British citizen by descent. Can anyone confirm this please?

2.
My daughter emigrated to Australia in 2007 with her British husband who is a British citizen. She has a 2 year old daughter and is now intending to apply for a British passport for her. I am assuming that my daughter, as she is a British citizen by descent, cannot pass on her British citizenship to my granddaughter but that my granddaughter is a British citizen by descent through her father. Can anyone confirm this please?

3.
Also I am assuming that my own situation/citizenship status will not affect the application.

4.
I also assume that my son is a British Citizen by descent, as he was born abroad, even though both parents were by that time British Citizens other than by descent. Is this correct?

Any help appreciated.

JAJ

The term before 1983 was Citizen of the U.K. and Colonies (CUKC), however is similar to British citizen for those with U.K. ties.

1. You were CUKC by descent in 1980, but your daughter probably became CUKC by descent from her father, if he was CUKC otherwise than by descent.

2. Your daughter is a British citizen by descent, your granddaughter is a British citizen by descent IF her father is a British citizen otherwise than by descent. If your granddaughter isn't automatically British then it may be possible to register her as a British citizen, if done before age 18.

3. You would probably have become a British citizen otherwise than by descent on 1.1.1983. However, since you already were married to a British citizen otherwise than by descent, it has no impact on anyone's status.

4. A child born outside the U.K. & its territories to two British citizen (otherwise than by descent) parents is a British citizen by descent. But if he has lived in the U.K. for at least 3 continuous years he may be able to pass on his British citizenship under section 3(2) of the British Nationality Act. Registration of any children he has would need to be done before age 18.

DaveandLinda

Thanks for your reply. It's even more complicated than I thought. Could I just clarify one or two points:

2.
By 'registering' I assume you mean registering my granddaughter with the Home Office Border Agency. Would it be advisable to do this before applying for a passport?

3.
Are you saying that when I married my husband, a British citizen, that I then became a British citizen other than by descent?

4.
This question applied to my son, born in 1984, so thanks for the information. I wasn't aware of this. Both children lived in the UK from 1986 onwards.

Would my son have to be still living in the UK to be able to pass on his citizenship to any children he has? (He is currently working in the Netherlands)

Following on from this, if I became a British citizen other than by descent on my marriage (see 3 above) then presumably the same would apply to my daughter, born 1980?

JAJ

You've not told us if your granddaughter's other parent is British otherwise than by descent. If yes, then she's British (by descent) automatically, no registration required. If no, then she's not British but may be able to acquire British citizenship via Home Office registration.


No. I'm saying that it didn't matter that you were British by descent, since your husband was British otherwise than by descent.

It's 3 years continuous residence in the U.K./Territories, at any time, for registration under section 3(2) of the Act.
http://www.ukba.homeoffice.gov.uk/br...ritishcitizen/

If he and his children were living in the U.K. for 3 years, then registration under section 3(5) of the Act may be preferable.




You became a British citizen otherwise than by descent on 1.1.1983 because of your own parent's Crown Service. This does not affect your daughter. Presumably neither you nor your husband were in Crown Service in 1980.

DaveandLinda

Many thanks for clarifying. And yes, my daughter's husband (granddaughter's father) is a British citizen other than by descent so presumably then no registration is required.