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Just a Sunday question

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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simply_the_best
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Just a Sunday question

Post by simply_the_best » Sun Nov 30, 2014 9:27 am

Maybe is silly to ask but I ve got a question that is playing on my mind for a while. Is it any difference between born British citizens and naturalised British citizens or we are 100% the same??? Thanks in advance for your kind reply

vinny
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Posts: 32929
Joined: Tue Sep 25, 2007 8:58 pm

Re: Just a Sunday question

Post by vinny » Sun Nov 30, 2014 9:59 am

No difference, as far as I could tell, if the born British citizen was born in the UK.

Note that a naturalised British citizen may use the naturalisation certificate as proof of nationality. People who automatically acquire British citizenship may need more documents in addition to the birth certificate, or British passport, to prove British nationality.

There is a difference between being British "otherwise than by descent" and British "by descent". Born British citizens (born in the UK) and naturalised British citizens are in the former group. The latter group cannot generally automatically pass on British citizenship to their children born outside the UK.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

simply_the_best
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Posts: 40
Joined: Wed Aug 27, 2014 9:12 am

Re: Just a Sunday question

Post by simply_the_best » Sun Nov 30, 2014 1:07 pm

Thanks Vinny for your quick replied.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Just a Sunday question

Post by Wanderer » Sun Nov 30, 2014 1:27 pm

There is a sort of difference, as British Born Citizens are usually English, Scots or Welsh, etc, and also British. Naturalised Citizens can't identify themselves like that, not that it really matters.
An chéad stad eile Stáisiún Uí Chonghaile....

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: Just a Sunday question

Post by vinny » Sun Nov 30, 2014 1:39 pm

Agree. I think that having different nationalities in the world may make some people forget that we are all humans.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

simply_the_best
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Posts: 40
Joined: Wed Aug 27, 2014 9:12 am

Re: Just a Sunday question

Post by simply_the_best » Sun Nov 30, 2014 9:11 pm

So if you are naturalised British and then countries like Scotland quit Britain what would you be ??

Maxwell
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Posts: 181
Joined: Mon Aug 19, 2013 6:14 pm

Re: Just a Sunday question

Post by Maxwell » Sun Nov 30, 2014 10:35 pm

vinny wrote:No difference, as far as I could tell, if the born British citizen was born in the UK.

Note that a naturalised British citizen may use the naturalisation certificate as proof of nationality. People who automatically acquire British citizenship may need more documents in addition to the birth certificate, or British passport, to prove British nationality.

There is a difference between being British "otherwise than by descent" and British "by descent". Born British citizens (born in the UK) and naturalised British citizens are in the former group. The latter group cannot generally automatically pass on British citizenship to their children born outside the UK.
If we don't have children yet, we naturalise now, me and my wife. Then we decide to live in another country. We have children born in another country, will they be able to get British citizenship automatically, well after simple passport application, I mean, right? They don't have to be born in UK to become British because we will be British, even if we were "naturalised", correct?

LilyLalilu
Senior Member
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Joined: Mon May 05, 2014 9:44 am

Re: Just a Sunday question

Post by LilyLalilu » Sun Nov 30, 2014 10:42 pm

@Maxwell, if you are a naturalised Briton your children will be automatically British by birth even if born abroad. However, they will be 'British by descent' which means they will not be able to pass their citizenship to any children born abroad.
All information given is just my opinion as a member of this forum and does not constitute immigration advice.

Maxwell
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Posts: 181
Joined: Mon Aug 19, 2013 6:14 pm

Re: Just a Sunday question

Post by Maxwell » Sun Nov 30, 2014 10:54 pm

Thanks for fast reply! :) For those who are British by descent, how to pass citizenship to children? If their children are born in UK then they will become British too? Just curious. Thank you :D

LilyLalilu
Senior Member
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Joined: Mon May 05, 2014 9:44 am

Re: Just a Sunday question

Post by LilyLalilu » Sun Nov 30, 2014 11:01 pm

Hi, yes, if their children are born in the UK they are automatically British.
I think there is also another provision (but I am not sure, would have to read up on it) that if the children are born abroad but if the parent has lived in the UK for a certain number of years then the children can be registered as British....but don't quote me on that one :)
All information given is just my opinion as a member of this forum and does not constitute immigration advice.

vinny
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Posts: 32929
Joined: Tue Sep 25, 2007 8:58 pm

Re: Just a Sunday question

Post by vinny » Sun Nov 30, 2014 11:03 pm

If their children were born in the UK, then Yes. Else, via registration.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Maxwell
Member
Posts: 181
Joined: Mon Aug 19, 2013 6:14 pm

Re: Just a Sunday question

Post by Maxwell » Sun Nov 30, 2014 11:05 pm

Thanks Vinny and Lily! :D Thank you :)

secret.simon
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Re: Just a Sunday question

Post by secret.simon » Tue Dec 02, 2014 3:26 pm

Under section 40 of the British Nationality Act 1981 (as amended), an order to deprive a person of their British citizenship can be made if the Home Secretary is satisfied that:
  • it would be conducive to the public good to deprive the person of their British citizenship status and to do so would not render them stateless; or
  • the person obtained their citizenship status through naturalisation, and it would be conducive to the public good to deprive them of their status because they have engaged in conduct “seriously prejudicial” to the UK’s vital interests, and the Home Secretary has reasonable grounds to believe that they could acquire another nationality; or
  • the person acquired their citizenship status through naturalisation or registration, and it was obtained by means of fraud, false representation or concealment of any material fact.
In the second and third scenarios, a person may be deprived of their British citizenship even if this would leave them stateless. “Conducive to the public good” means depriving in the public interest on the grounds of involvement in terrorism, espionage, serious organised crime, war crimes or unacceptable behaviours.

Source: http://www.parliament.uk/briefing-papers/sn06820.pdf

Also see http://www.thebureauinvestigates.com/20 ... am-nobody/

The first point applies primarily to people with multiple nationality/citizenship (citizens or nationals of two or more countries) as depriving them of British citizenship would not render them stateless.

The (UK) Home Office considers Overseas Citizenship of India (OCI) as conferring dual citizenship (Section 7.5, Annex H, Chapter 14 of the Nationality Instructions https://www.gov.uk/government/uploads/s ... annexh.pdf) and its holders can be deprived of British citizenship.

The UK Supreme Court is currently hearing a case (https://www.supremecourt.uk/cases/uksc-2013-0150.html) that looks at the effects of depriving a dual citizen of his British citizenship, while the other state of which he is deemed to be a citizen does not recognise him as a citizen.

From what I understand, natural-born non-dual British citizens can not be deprived of their citizenship under international law. However, the law on that is unclear at the moment as is the EU law on such deprivation of citizenship or EU citizenship.

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