British citizen by registration before applying for a first time British passport. The Home Office reviews any claim for British citizenship by descent and judges it on a case-by-case basis. This iniquitous set of circumstances led to much disappointment for people who, had their personal circumstances just been slightly different, would have had a valid claim to British nationality. No under current Nationality Law, if you are a British Citizen Other Than By Descent (OTBD) you may pass on your status to one generation overseas and under certain circumstances you may register for British Citizenship. However, there is still a lot of confusion about who can qualify. Double descent will require you to meet certain guidelines depending on when you and your grandparents were born. section 4(2) of the British Nationality Act 1981. if they were: • either: – user102008 Oct 14 '17 at 16:38 You could be eligible for Australian citizenship by descent if you were born outside Australia and one (or both) of your parents at the time of your birth was also an Australian citizen at that time. Born to a British father on or after July 1, 2006. An applicant qualifies for Citizenship by Descent where: A. Claiming British citizenship by double descent. Adults Born Before 1 Jan 1949 What does British Citizen by descent mean? [1] The law distinguishes between British citizen or British Overseas Territories citizen by descent and those who hold those statuses otherwise than by descent. U.K. (1) A person born in the United Kingdom after commencement [F1, or in a qualifying territory on or after the appointed day,] shall be a British citizen if at the time of the birth his father or mother is— (a) a British citizen; or (b) settled in the United Kingdom [F2 or that territory]. Adults Born After 1 Jan 1949. BRITISH CITIZENS BY DESCENT A child born outside the United Kingdom will not be a British citizen if neither parent is a British citizen otherwise than by descent. Applications for British citizenship by descent through a grandmother have been rejected by the Home Office. Usually, you need substantial evidence that your ancestors are coming from a certain country to get citizenship by descent, but the safest thing to do is talk with the embassy, they will have all in-depth information needed. The Department of Foreign Affairs and Trade manages the Foreign Births Register and will determine if you * U.K.ABROAD is able to assist with the birth registration process. There are a number of complexities in establishing whether a parent is British by descent and there are many different ways to acquire British citizenship. Each case for British citizenship by descent grandparent will be judged by UKVI on a case-by-case basis. It used to include grandparents but that has now been changed. This is claiming citizenship by "double descent" There are provisions in law allowing a claim if a grandparent or great grandparent was British or was born in the UK. Since it’s such a unique situation, the best thing for you to do is check with the Irish Embassy the best course of action. A story hit the news over the weekend of two-year-old Lucy, the child of British parents who has been told by the Home Office that she must leave the UK. You are automatically a citizen of the UK if you're born outside the UK and one of your parent is a British citizen. These individuals became British citizens by descent. Citizenship by descent is one of those options. S/he will be registered as a British citizen by descent. Ms Romein’s maternal grandfather had been born in the UK and was able to pass on his citizenship to Ms Romein’smother. If his father was British by descent, and he was registered as a minor under section 3(2) (father spent a continuous period of 3 years in the UK some time before the child's birth, and grandparent was British otherwise than by descent), the child is still British by descent. Well, I know what it really means. Under the Irish Nationality and Citizenship Act 1956, if a child who is not an Irish citizen is adopted by an Irish citizen or a couple where either spouse is an Irish citizen, then the adopted child shall be an Irish citizen.. Her mother was born in England in 1964 to an Irish mother there for school and a father from the U.S. military. Return to Citizenship home page Contact the Department of Foreign Affairs and Trade for all questions about citizenship based on a connection to an Irish relative if you were born outside Ireland. By acquiring British citizenship by descent, you can become a UK national even if you were born abroad. For advice and assistance in relation to a British Citizenship application or appeal, contact our Immigration Barristers & Lawyers in London on 0203 617 9173. Not necessarily. You would have automatically been a Citizen of the UK and Colonies by descent through your mother if specific provisions of British nationality law had provided for this at the time of your birth in the same way as it provided for citizenship by descent through a father, and if in those circumstances you would have had the right of abode in the UK immediately before 1 January 1983. British Passport by Edwardx / Wikimedia Commons / CC BY-SA 2.5. You may also have the opportunity to become a citizen through the naturalization process, either as a legal resident of Ireland or the spouse or civil partner of an Irish citizen. UK Ancestry – a potential route to British citizenship? British by descent: when the child of a British citizen is not themselves British. British nationality law stipulates that you must have a British parent, and furthermore, that parent must be British-born, not a citizen by descent. Her father was a US citizen and her mother was a South-African born British citizen by descent. Pakistan citizenship by descent ... citizens, British subjects under the 1981 act or British protected persons are entitled to registration as British citizens under . Those born with a UK-born grandparent may be able to claim British citizenship in certain circumstances. If you were born in Ireland or have a parent or grandparent who was an Irish citizen, you may be able to claim citizenship by birth or descent. Those who have citizenship of the UK enjoy a number of benefits that do not apply to individuals with permanent residence or Indefinite Leave to Remain (ILR). British Citizenship by Descent. A parent who is a British citizen by descent cannot normally pass that status on. British Citizenship by descent or; British Citizenship otherwise than by descent It is important to identify the different rules, requirements and eligibility around these two different types of Citizenship as depending on which type you are, you may not be able to pass Citizenship onto your children. Therefore, if you have a British parent and would like to know if you are a British citizen… Descent through British born father. Automatic Acquisition of British Citizenship . Establishing British Citizenship. Part I U.K. British Citizenship Acquisition after commencement U.K. 1 Acquisition by birth or adoption. Irish citizenship through adoption. Acquiring British citizenship is a dream for many migrants and their families who have made the UK their home. There are two ways that a child can automatically be a British citizen: by ‘descent’ and ‘otherwise than by descent’. Her mother was born in England in 1964 to an Irish mother there for school and a father from the U.S. military. Most Irish citizens gain their citizenship this way. The Appellant in this case, Ms Romein, was born in the US in 1978. British Citizenship by Descent is based on birth outside of the United Kingdom to a parent (mother or father) who is British Other than by Descent or who was born in the UK before 1983. We cover three scenarios relevant to a claim: Children Under 18. If you were born either inside or outside the UK to a British father on or after this date, and your mother was not British, you are still a UK citizen by descent through your father and thus eligible to apply for a British passport. You can get your citizenship status on the basis of a parent’s or, in some cases, grandparent’s British nationality. British citizen by descent applies when an individual is born outside the UK and one or both parents are British. British Citizens (i.e. Claiming British Citizenship by descent (grandparent) – also known as British Citizenship by double descent – is based on at least one of your grandparents being British. In which case, your child does not need to register as a British citizen and can apply to the British Passport Office for their first British passport. How can you qualify for British Citizenship by Double Descent and be eligible to get a British Passport? The registration application for a child born before 1 July 2006 to a father who was not married to the child’s mother can be made on Home Office Form UKF. British citizenship via the double descent route was a much talked about topic the past few months. (i) She / He was born outside of Jamaica before the 6th August 1962 (ii) His / Her mother or father on the 6th August 1962 became or would have, but for his/her death, become a citizen of Jamaica. The Supreme Court has opened up British citizenship by double descent to all children born to British women in non-Commonwealth countries between 1949 and 1983. If you feel you may have a claim British citizenship by double descent, it is advised that you speak with an immigration specialist. Section 14(1) of the British Nationality Act 1981 provides an extensive definition of the term British citizen by descent. a British citizen (but not by descent) can register by entitlement if they are not otherwise a British citizen. Basically, if you have a parent, grandparent, great-grandparent or other ancestors who were born in another country, you may be able to claim citizenship. Our immigration lawyers can guide you through each stage of your enquiry or application process. 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