shemp

Hi,

First off apologies if this has been posted before. I couldn't find any exact information.

I became a British citizen through naturalization. My grandfather was born in the UK, my father was born in Zambia, and I was born in South Africa. I moved to the UK when I was 18 via an ancestral visa, and became a British citizen when I was 27.

Anyway, I'm currently living in South Korea. My wife is Korean and our son is due to be born in a few months. Due to current circumstances he will be born in Korea.

What I want to know is can he automatically apply for British citizenship?

Many thanks.

Pulaski

For the purposes of passing on British citizenship all British citizens are either "British by descent" or "British otherwise than by descent", which includes anyone who is British by naturalization, and if you are in the latter category you can pass on your British citizenship.

BritInParis

If you have a Certificate of Naturalisation that states ‘Section 6(1)’ then you are a British citizen otherwise than by descent and you can pass on your British citizenship to your children regardless of their place of birth. Your son will automatically be a British citizen at birth; you need only apply for his British passport.

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

Given that you gain your citizenship through naturalisation and your son will be born in a country that doesn’t use the Latin alphabet I would highly recommend also applying for his consular birth certificate. If you don’t your son may have great difficulty evidencing his claim to British citizenship in the future.

https://britishexpats.com/wiki/Briti..._Registration_

shemp

Thanks a lot. I'll check out those links.

Nasera

Apologies for tagging onto this thread but would someone who holds ILR through a spouse visa also come under section 6(1) when applying for Naturalisation?
Would it matter if they waited for 12 months after ILR (5 years residence) or less than 12 months (3 years residence) because they have a British spouse?

I was wondering because my mam's Naturalisation Certificate states section 6(2), but it was not through descent. She came from Pakistan to live in the UK in 1989 after marriage to my father and applied for Naturalisation in 2001. None of her parents or grandparents are remotely British.

BritInParis

S.6(2) is naturalisation when your spouse is a British citizen.

Nasera

Hi, many thanks for the reply.

I seem to be getting confused about Section 6(1) and 6(2), so are they both British citizen otherwise than by descent?
If you wait 12 months after receiving ILR and are therefore applying for Naturalisation without your spouse's British passport details, wouldn't that come under Section 6(1)?
In reality though, does it matter either way?

BritInParis

Yes.

No.

No.

Nasera

Many thanks.