ashberk

Okay, so I think I'm clear now (honestly wasn't before as I got my citizenship many years ago) that my Citizenship by Descent does not automatically transfer to my children.
However, according to the summary re: Citizenship re: Descent on this site, they could be eligible if I live in the UK for 3 years with them before they are 18 with my non-UK citizen husband?

Summary of the parts of the requirements I have satisfied and not satisfied below -

Section 3(2) Registration The child can be registered as a British citizen if:
a parent is a British citizen by descent at the time of the child's birth; - CHECK

and
the child has a grandparent who was a British citizen otherwise than by descent when the parent was born. (this effectively limits this kind of registration to the second generation born overseas); - CHECK

the British parent has lived in the United Kingdom or a British Overseas Territory for a period of 3 years in which absences do not exceed 270 days, (this does not apply if the child has no other nationality at birth); and
application is made while he is a minor (under no circumstances can this be extended).

ashberk

If it's relevant I was born WAY before 1983 and I received my citizenship in 1991. Born/live in US.

BritInParis

How did you receive your British citizenship in 1991? Were you registered or naturalised as a British citizen? If so under what section of the British Nationality Act 1981?

ashberk

Honestly, not sure (in my defense, I was 19!) My father is a British citizen and I was living in the UK at the time but only for one year.

ashberk

Background for my question - although I've never lived in Britain, my extended family is all there and the comfort of knowing I could leave the US if need be (for political reasons) has always been comforting to me. It's quite alarming to think my kids may have no such choice, although I realize this is a major luxury.

BritInParis

If your father was born in the UK and was married to your mother at the time you were born then you likely received your British citizenship automatically at birth not in 1991. If so then you are a British citizen by descent. Was 1991 the year that you received your first British passport?

If you didn't live in the UK for three continuous years before your children were born then you would need to move to the UK and live there with them for at least three years and then apply to have them registered as British citizens under S.3(5) BNA 1981 before they turn 18. Practically this means that none of them can be more than 15 years old.

This is actually better because it would confer British citizenship otherwise than by descent on them meaning any children they had outside the UK would automatically be British at birth. If you were able to register them now and did so under S.3(2) then their children would only be British if they were born in the UK, the other parent was UK-born or under limited circumstances such as your child was serving in HM Armed Forces when your grandchild was born.

ashberk

So helpful - thank you!

ashberk

And yes, my father was a British citizen at the time of my birth (married to my mother) so the date of my first passport was 1991, not the origination of my citizenship.

BritInParis

If you do ahead then make sure their applications for citizenship is received by the Home Office before they turn 18. They cease to be eligible once they turn 18.