Descent Citizenship.

[Snag 57]

I just wanted to confirm what I've been researching already. My grandfather was born in England in 1907. He immigrated to Australia when he was 3 years of age with his family. He kept his British citizenship despite living out the remainder of his life in Australia. My mum is one step away from submitting the package to get citizenship by descent (I think they need a divorce certificate from his first marriage - I'm not sure about all the details). She was doing it originally because my oldest brother badly wanted British citizenship (long story there). But, it seems as if her children would not be eligible to receive citizenship after her. Does that stand correct?

Thanks.

[Gail83 21]

I just wanted to confirm what I've been researching already. My grandfather was born in England in 1907. He immigrated to Australia when he was 3 years of age with his family. He kept his British citizenship despite living out the remainder of his life in Australia. My mum is one step away from submitting the package to get citizenship by descent (I think they need a divorce certificate from his first marriage - I'm not sure about all the details). She was doing it originally because my oldest brother badly wanted British citizenship (long story there). But, it seems as if her children would not be eligible to receive citizenship after her. Does that stand correct?

Thanks.

That is correct. British citizenship by descent can only be passed on once. In this case that was from your grandfather to your mother so your brother is not eligible for citizenship by descent.

[Boiler 45,656]

British citizens by descent

The British Nationality Act 1981 specifically defines the categories of people who are British citizens by descent. Any British citizen not falling into one of these categories is a British citizen otherwise than by descent.

The following are the main categories of persons who are British citizens by descent:

Persons born since 1 January 1983

• Born outside the United Kingdom who automatically acquired British citizenship at birth.
  • This does not apply to those born in a British Overseas Territory on or after 21 May 2002.

Registered as a British citizen under the following sections of the British Nationality Act 1981:

• section 3(2) (parent a British citizen by descent who lived in Britain for 3 years)

section 4B of the Act, since 30 April 2003 (British nationals with no other citizenship)

section 4C of the Act, since 30 April 2003 (persons born before 1983 to a British mother, so-called "UKM" registration)

Registered as a British citizen under section 3(1) of the 1981 Act, if a parent of the child was a British citizen when the child was born.

Persons born before 1 January 1983

• Born outside the "United Kingdom and Colonies" and automatically acquired U.K. citizenship at birth due to father being British born or naturalised.

Born or naturalised in a colony with a parental or grand-parental link to the United Kingdom. (there may be exceptions if U.K. citizenship was lost at independence of a colony and then re-acquired).

Registered as a Citizen of the U.K. & Colonies by a British High Commissioner in an independent Commonwealth country under section 7 of the British Nationality Act 1948 (children under 18), if the registration was done on or after 28 October 1971. (note that some in this category are British Overseas citizens, instead of British citizens).

Women who acquired citizenship by registration under section 6(2) of the 1948 Act (wives of British men) to a man who became a British citizen by descent on 1 January 1983, or would have done if living.

Persons born before 1949 who acquired U.K. citizenship under the 1948 Act under special provisions for those connected with the former Dominions (Australia, Canada, New Zealand, South Africa, plus Southern Rhodesia and the Republic of Ireland) who did not become citizens of these countries when they introduced a citizenship law.

• Note that the majority covered by these provisions became British Overseas citizens, but if British citizens they would usually be citizens by descent.

Other situations

• Those who acquired British citizenship under the British Nationality (Hong Kong) Act 1997 are British citizens by descent if they had acquired British Dependent Territories citizenship by descent (broadly, those born outside Hong Kong)

Spouses and children of those awarded British citizenship under the Hong Kong British Nationality Selection Scheme, under the British Nationality (Hong Kong) Act 1990, generally became British citizens by descent.

Those who acquired British citizenship under special provisions dealing with statelessness (fairly unusual) are generally British citizens by descent.

[Snag 57]

Cheers, guys. I thought I read right, and just wanted to make sure.

[Justine+David 218]

Boiler, does this mean that if my children (will be British by descent, first generation) live in the UK for 3 years any time before their kids are born (even if they come to the UK as minors), they will be able to pass along descent? That's how I thought I read it, but wasn't sure.

[Gail83 21]

Boiler, does this mean that if my children (will be British by descent, first generation) live in the UK for 3 years any time before their kids are born (even if they come to the UK as minors), they will be able to pass along descent? That's how I thought I read it, but wasn't sure.

From what I've read and been able to understand I think you would need to live in the UK with your children for at least 3 years prior to them turning 18, they would then be able to register as British citizens before turning 18. Once registered as british citizens they would be able to pass on the citizenship to their children by descent. I could however be wrong, this is only my understanding of something that appears to be quite complex.