maxixe

This is my first post here so please be kind :-)

I am trying to work out if I am British by descent or British by registration. The distinction is important as I'm trying to get a British passport for my daughter who was born in South Africa.

I got my British citizenship through my father - both he and I were born in Mozambique. He got his through his father who was born in England. When I was born, he registered my birth with the British consulate in Mozambique so I have a British birth certificate in addition to a Mozambique birth certificate.

I have seen a thread (now closed) on this forum where a forum member (judyv) described a similar situation although she was born in Kenya. The British authorities initially refused to grant British citizenship to her children but an immigration lawyer helped her by proving that she is British by registration (as opposed to by descent) which entitled her to pass on her British citizenship to her children.

Any information/advice on this would be great appreciated.

BritInParis

What year were you born and what year was your daughter born? Did you live in the UK for any significant period of time before she was born?

maxixe

I was born in 1959 and lived in the UK from 1987 to 1990. She was born in 1991

Are these questions relevant to my situation?

BEVS

Yes. They will be.

If BritInParis has stopped by then you are in first class hands.

BritInParis

Any registration options that may have been open to your daughter through your previous residence in the UK are now closed given that she is over 18.

Does your consular birth certificate give any details regarding either your nationality status or your father's, e.g. which section you were registered under?

SanDiegogirl

Do you, the applicant have a British passport?

If I understand correctly, you the OP were born in Mozambique in 1959
Your father was born in Mozambique
Your grandfather was born in England - did he move to Mozambique and marry there?

Your daughter was born in South Africa in 1991.

Based on that information it would appear your father was British by descent (born of a British fathert, but not in UK).

In most cases this would indicate that you are not British as British by descent parents cannot automatically pass on their British citizenship to their children.

It is interesting that your birth was registered at the British consulate and that you have a British birth certificate. However a birth certificate does not automatically give rights to citizenship.

Interested to know what BIP says.

In 1959 Mozambique was a Portuguese protectorate.

BritInParis

Under the British Nationality Act 1948, Citizenship of the United Kingdom and Colonies by descent could pass only via the legitimate male line for a single generation, unless the father was in Crown service. Subsequent generations born overseas were able to be registered as CUKCs within one year of birth or later at discretion which appears to have happened in the OP's case.

SanDiegogirl

Interesting case ...

Even if the OP had been registered as British in some way, would she herself not have been registered as British by descent?.

If so, HER child would not have been able to acquire British citizenship even if under 18 ?

The nearest British relatives the OP's child has are grandparents.

BritInParis

This is what we need to determine.

Possibly under Section 3(2) registration but that option was only open whilst the OP's daughter was under 18.

The OP is a British citizen but the OP's child's last British-born ancestor appears to be her great-grandfather.

SanDiegogirl

Quite correct ....

maxixe

Thanks for all the replies so far. From a post in 2013, one of the forum members had this to say:

A couple of months ago I wrote this on the forum:

I was born in Kenya in 1956 to British born parents. My birth was registered at the British High Commission in Nakuru 4 days after by birth.

My 2 children were born in Israel after 1983 and when they were 2 and 3 respectively I tried to register them as British citizens at the British Embassy in Tel Aviv - only to be told that this was not possible as I was condsidered British by Descent following changes in British Nationality Law in 1981. I was deeply shocked, but was told nothing could be done.

I would like to tell anyone who may be in a similar situation to this that I engaged the services of a first rate immigration lawyer in England. He presented my case to the Home Office and yesterday I was informed that the HO now considers me "British other than by descent" and therefore both my children (who are now 25 and 27) have finally gained British citizenship!

It was a long and frustrating haul, I was constantly told that I had no chance of changing my status from BBD to BOTBD but my fantastic lawyer managed it. So, if you have a difficult immigration problem please write to me personally and I will be happy to recommend my lawyer to you.

maxixe

I will try to contact her to see how she went about it and to see if my daughter's situation is comparable to hers.

BritInParis

Her situation isn't comparable to yours as there's an extra generation involved and she was born in a British colony.

If you can answer my question in Post #5 then we can take it from there.

maxixe

The heading is: Birth within the district of the British Consulate General of Lourenco Marques (the previous name for Maputo)

It gives my father's name, occupation, DOB and place of birth as well as the place and DOB of his father.

No details given of my nationality or my father's nationality and no mention of what section my birth was registered under.

maxixe

I realise that my situation isn't entirely comparable with that of the Kenyan woman on a number of levels, but I'd have thought that my British citizenship is more likely to be as a result of registration than hers is because her parents were born in the UK making her more likely to be British by descent.

Perhaps that line of thinking is merely barking up the wrong tree.