Friend's eligibility for a British passport
 

Hey everyone,

I have a friend whose father is a British citizen.

• Friend's year of birth: mid 1990s
• Friend's place of birth: outside the UK (Mauritius)
• His father was born outside the UK in the early 1960s.
• His mother is not a British citizen
• His father was a (naturalized) British citizen at the time of birth.
• His parents got married before he was born.

Is he eligible for a British passport?


Thank you for your help!

Re: Friend's eligibility for a British passport
 

If the father was a naturalized British citizen at the time of birth the father is "British other than by descent", and if he was married to the mother at the time of birth, then your friend is a British citizen. All he needs to do is apply for a British passport.

Re: Friend's eligibility for a British passport
 

Thank you for your help. My friend told me that he asked an immigration and that the lawyer said he’s not eligible because he was born after 1986. Any idea why the lawyer would think he’s not eligible?

Re: Friend's eligibility for a British passport
 

The rules changed for anyone born in 1983 or later, but as far as I know anyone who is the legitimate child of someone who is a British citizen "other than by descent", is a British citizen "by descent" (assuming they were born outside the UK).

Merely being "born after 1986" is not a disqualifying event, so I am not sure what the lawyer was suggesting. ..... Unless Mauritius has a prohibition on dual citizenship, and the lawyer thinks that the British citizenship was forfeited. However British citizenship doesn't work like that and isn't forfeited even if another country says that dual citizenship is prohibited and the British citizenship must be discarded.

The rules get more complicated if the child's parents were not married, or if the (only) British parent was the mother and the child was born before 1983.

Re: Friend's eligibility for a British passport
 

Thank you for your help. Assuming that my friend is eligible, what's the application process? Does it require a lawyer or can he do it himself?

Re: Friend's eligibility for a British passport
 

Use the link below to fill in the passport application form electronically -

https://www.gov.uk/overseas-passports

He / She will also need someone to countersign her passport photo. A professional (for example doctor) with British, EU or Commonwealth nationality not related to your friend can countersign.

Re: Friend's eligibility for a British passport
 

1986 may be referring to 1968 and Mauritian independence from the UK but there's no piece of British nationality legislation came into effect in 1986 that would affect your friend. Providing his father was a naturalised British citizen at the time of his birth and he was married to his mother then he has been a British citizen from birth and needs only to apply for his passport.

Before applying your friend should check his father's British citizenship certificate. It needs to explicitly state 'naturalisation', not 'registration'. The latter doesn't necessarily mean that your friend has a claim to British citizenship.

Re: Friend's eligibility for a British passport
 

Because the lawyer doesn't know the rules and regulations :ohmy: