BlueBadger

Hello everyone,

I have a few questions regarding my ability to claim UK citizenship by descent and then a passport, to make a move back home to the UK. Here is my situation:

1. Born in 1977 to a British mother and an American father in Illinois, USA.

2. Moved to the UK in 1981 and lived there until 1989 with both parents.

3. Moved back to the US in 1989 and now living in North Carolina, now working as a police officer with prior Air Force background. (Of good character obviously)

4. Mum is full British (Other than by descent), by birth with British parents (both now deceased).

5. In 1979, my Mum was offered full UK citizenship for me on the spot, but at the time, it would have meant that my US citizenship would have been nullified, which I understand is now not the case in this day and time. She did not register me as British, due to that reason, so I retained only my US citizenship.

I am seeking duel US/UK citizenship, ultimately. I will not be renouncing US citizenship, as I am not required to.

I need to know the process for applying for my citizenship, by descent from a British mother and the likelihood of getting it and a passport. I believe that Atlanta has an office that can perform biometrics and the oath of citizenship. Can they do the whole application process, excluding the passport application? I erroneously already applied for my UK passport, after getting some bad advise from the UK Passport Help Line, but have not completed the application as of yet. I have about 70 days left to complete the application, before I lose my payment. Can anyone guide me, step-by-step through this process?

Once I have attained citizenship and my passport, I plan to secure a job in the UK that will amply meet the financial requirement for my wife and three small children to attain Visas. Any help would be greatly appreciated! I desperately want to move back home to Oxfordshire to be with my family and give my children and wife the lifestyle I enjoyed growing up.

Sincerely,
Jeff Harrison

HKG3

Jeff

From my limited understand in these matters, here are some observations -

You can apply to be a British Citizen by descent as your mother is a British Citizen otherwise by descent. All you need to do is to fill in the UKM form -

https://www.gov.uk/register-british-...british-mother

As you lived in the UK for more than three years before the birth of your children, they can be register as British Citizens under section 3(2) of the British Nationality Act 1981.

https://www.gov.uk/register-british-...orn-outside-uk

I am sure BiP will be able to correct me if I am wrong.

BritInParis

HKG3 has it pretty much spot on.

Only married British fathers could pass on their citizenship to children born outside the United Kingdom and its colonies before 1983. With the commencement of the British Nationality Act 1981 on 1 January 1983 British mothers, whether married or unmarried, could also pass on their citizenship to children born abroad. In the late '70s and early '80s some children born abroad to British mothers were registered as citizens on an ad hoc basis using the Home Secretary's discretionary powers in regards to the 'best interests of a minor' under Section 7 of the British Nationality Act 1948. This is likely to be the option given to the OP's mother in 1979.

To address the issue of latent discrimination the BNA 1981 was amended in 2003 to allow those born before 1983 to register themselves as British citizens providing they would have been eligible if British mothers were able to pass on their citizenship in the same way as British fathers at the time of their birth. This amendment is Section 4C of the BNA 1981 and thus referred to as a Section 4C registration.

To be registered as a British citizen under S.4C you will need to complete Form UKM and send it to the Home Office in Liverpool. As part of the application process you will need to attend a citizenship ceremony to swear an oath of allegiance to Her Majesty The Queen and the United Kingdom. This is usually performed at your nearest British consulate. A recent development is the introduction of biometric enrolment as a measure against immigration fraud. You will usually attend your local UK Visa Application Centre to do this. It's unlikely that you will be able to register before your passport application lapses.

British citizens by descent normally cannot pass on their citizenship to a further generation born abroad. However if they have spent more than three continuous years in the United Kingdom before the birth of their children then they can be registered under Section 3(2) using Form MN1. This would give them British citizenship by descent but with no further possibility of any further generations being eligible for registration in the same manner.

One of the caveats of S.3(2) is that the British parent must have been British citizen at the time of the children's birth. This would not be the case for the OP. However, as this would be in keeping with the letter of the law rather the spirit, it has been agreed that the Home Secretary will exercise discretion and permit children born abroad to a parent who later registers as a British citizen under S.4C to be registered under S.3(2) as if the relevant parent had been British at the time of their birth.

Registering your children as British citizens would lower the financial requirement for any future UK spousal visa application. However if you anticipate you will be earning to meet the financial requirements to sponsor your wife and your children for visas then you may wish to do so as this would open up the possibility of residing for three years in the UK with your children thus making them eligible for registration as British citizens under Section 3(5). The major advantage of registering under S.3(5) rather than S.3(2) is that S.3(5) confers British citizenship otherwise than by descent meaning your children would then be able to pass on their British citizenship to any of their own children who are born outside the UK.

HKG3

The OP is at lease 37 years old just now (born in 1977). Whether to use S.3(2) versus S.3(5) registration also depended on the age of the children in question. If OP's children are 14 or under, then a S.3(5) registration would be better for the children. However, if Jeff's children are 15 or over, then the S.3(2) registration would be a better bet for the OP.

For UKM applications, you will need your British born mother's original birth certificate, as well as your own original birth certificate. You can obtain a certify copy of your mother's birth certificate from the link below -

https://www.gov.uk/order-copy-birth-...ge-certificate

BritInParis

Correct. Jeff did state he had 'three small children' so I am presuming they are all under 12 years of age. Jeff's age wouldn't be relevant for any of the applications.

HKG3

You need to be careful these days. Someone at my work is under 40 years old and her daughter is 21 this year.