Read more about British Citizenship by Residency. This means that you cannot automatically pass on British citizenship to any child who is born abroad. In order to be eligible to apply for a UK Ancestry Visa, you would need to match the following requirements: Regulated by the Solicitors Regulation Authority No. Please note, however, that a status letter issued by the Home Office is not a certificate of nationality. But opting out of some of these cookies may have an effect on your browsing experience. You can be a British citizen otherwise than by descent in the following circumstances: There are also some limited circumstances in which a child who is born outside the UK to a British citizen otherwise than by descent may also be a British citizen otherwise than by descent. There are, however, several other ways in which you may be deemed a British citizen by descent, in particular, by registration. However, an exception may be allowed where the parent was in one of three types of service as set out below. These individuals became British citizens by descent. Those born outside Scotland to at least one parent who has Scottish citizenship – this appears to be modelled on the Irish system, allowing citizenship by descent where an overseas birth is registered in Scotland. 6183275 You are born outside the UK to a parent who was a British citizen at the time; It does not matter whether the birth took place before or after 1 January 1983 as long as a child who was born before that date became a British citizen on that date; On 31 December 1982, he or she was a citizen of the United Kingdom and Colonies through: You lived in the UK while a citizen of the United Kingdom and Colonies for five years at any time before 1 January 1983, and was not subject to restrictions under the immigration laws at the end of that five year period. It is mandatory to procure user consent prior to running these cookies on your website. Most British citizens are “British otherwise than by descent.” “British by descent” means the person was born outside the UK to a parent who was British otherwise than by descent, e.g. You are a British citizen by descent if: Call for paid service +44 (0)344-991-9222. UK Sole Representative of an overseas business visa, UK Marriage visa (Family of a Settled Person Visa) tips, UK Fiancé visa (Family of a Settled Person Visa) tips, EU, EEA and Swiss Nationals Working in the UK, UK Permanent Residence and UK Citizenship, UK Permanent Residence/Indefinite Leave to Remain, UK Citizenship and Naturalisation - How to apply, Children born outside the UK/qualifying territory, UK Children of parents in Crown and similar services, Children who will not be British citizens. We'll assume you're ok with this, but you can opt-out if you wish. Citizens otherwise than by descent can normally pass on British citizenshipthrough one generation to children born abroad, although the child will be unable to transmit their citizenship to subsequent generations overseas. Where a child is born overseas to a parent who is a British citizen otherwise than by descent, that child will automatically acquire British citizenship. Step 1: Book an appointment with our specialists and sign a client agreement. Fees. Who needs a UK Tier 2 Work Visa or other visa? A British citizen by descent cannot pass on British nationality to a child born abroad. Alternatively you can ask the Home Office for a letter of status using Form NS. As such, if a person wishes to establish whether they hold British nationality they should be advised to make a passport application or an application for a certificate of entitlement to the right of abode. Step 4: Apply for citizenship. Someone who acquires British citizenship in this way can pass British citizenship on to his or her children regardless of where their children are born. It is important to take action and process your British citizenship application before a child turns 18. By way of example, you may need to provide a birth certificate showing your parents’ details and the country in which they were born or a certificate of naturalisation or registration issued describing the holder as a British citizen. This website uses cookies to improve your experience. Your 5 steps to becoming UK citizen. Passing on your British Citizenship to children. Yes, you can apply for Irish citizenship by descent. You also have the option to opt-out of these cookies. You are British by decent. Indefinite Leave To Remain | How To Apply, Indefinite Leave to Remain Premium Service FAQs, UK Visa Processing Times (Latest from UKVI), Where you were born or adopted in the UK before 1 January 1983, Where you were born in the UK on or after 1 January 1983 to a mother or, if your parents were married, a father, who was a British citizen or settled in the UK, Where you were born in the UK on or after 1 July 2006 where either parent is a British citizen or settled in the UK. Post by Sceptic » Wed May 12, 2010 9:59 am I would be grateful if someone could help with the following - ... EWCA Civ 659 whether someone who was a British citizen by descent could go through the process of naturalisation so as to become a citizen otherwise than by descent. Citizens otherwise than by descent can normally pass on British citizenship through one generation to children born abroad, although the child will be unable to transmit their citizenship to subsequent generations overseas. This can be attained through birth, registration, naturalisation or adoption. You cannot pass on UK citizenship to children born outside the UK. After years of gender discrimination in British nationality law which prevented thousands of South Africans from claiming British citizenship by double descent, the UK’s Supreme Court has fixed one of the injustices. When submitting your application you must supply documentary evidence of the identity of those people; ie; your ancestors, you use to support your claim to British citizenship. Discover how you can become a British citizen through your grandparent Born after 1 January 1983 (Under 18) There are special provisions in British nationality law for children under 18 that may make it possible for you to claim British nationality. If your father was born in the UK after 1 January 1983 and was British at the time of your birth, then you are a British citizen at birth and by operation of law (that is, without any need to apply). In some cases, British Citizenship by ‘double descent’ may be attainable where at least one of your grandparents was British or born in the UK. You will automatically acquire British citizenship by descent if you were born outside the UK on or after 1 January 1983 and one or both your parents are British citizens otherwise than by descent. This letter merely records UKVI’s opinion that a person possesses a form of British nationality. Registered Office: Level 30, The Leadenhall Building, 122 Leadenhall Street, London, EC3V 4AB, Branding, Digital & Website by Rokman Laing. South Georgia and the South Sandwich Islands). Get the DM Business Newsletter & Invitations to our Events. Changes to rules on citizenship by descent Before July 2020, only biological parents could pass down their Canadian citizenship to their children. The law distinguishes between British citizen or British Overseas Territories citizen by descent and those who hold those statuses otherwise than by descent. A country of scenic landscapes and rich traditions, Ireland may be best known for its craic, or good times. Children born outside the UK, with British parents, are usually considered "British by descent". Common ways to claim British citizenship . With British citizenship by descent, however, you can not normally pass citizenship to children born outside of the UK, unless they were born to a parent in crown, designated or EU service. That said, regardless of whether you are automatically a British citizen, or whether you are required to register your right to citizenship, this will entitle you to apply for either a child’s passport if you’re aged under 16 or an adult passport if you’re aged over 16. Citizenship by descent ; You can apply for citizenship by descent if you were born outside of the UK to a parent who was born in the UK. Many of the big tech and pharma companies in the world have their European headquarters in Ireland because of the low tax rates and skilled workforce. This will prove your right of abode in the UK as a British citizen, ie; your right to live and work in the UK restriction free. Tier 1 Investor Visa (Application Guidance). Before 1 July 2006 a British man could not pass on citizenship to a child born outside the UK if he was not married to the child’s mother. As of July 2020, non-biological parents can pass down their Canadian citizenship to their children who were born outside Canada if they’re the child’s legal parent at birth (opens in a new tab). Citizens by descent ” also includes those who hold those statuses otherwise than by descent ” not! On citizenship to my children, that a status letter issued by the Office... Analyze and understand how you use this website is a complex area of nationality law and will turn on facts. Improve your experience while you navigate through the website while you navigate through website! 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