Do we need to register my daughter?

[Peter1212]

Hi all,

After a long time researching I am more confused than when I started, I've read the FAQs but am still a little in the dark.

My wife is British. Born there and lived there for 30 years. But I am Australian and about 20 years ago we came to Australia, married and had kids.

My now 16 year old daughter who lives with us in Australia wants to go to the UK and study at Nottingham University in a few years. I understood that my wife, being a British Citizen, could pass citizenship on to our daughter so she could live/study there.

When I read the guide to form MN1 it seems to confirm that my daughter has the right to British Citizenship by descent.

It says “Children who have automatically acquired British citizenship do not need to be registered. There are two ways a child can automatically be a British citizen without needing to register.” ...."British citizenship may descend to one generation born abroad. So a child born abroad to a parent who is British otherwise than by descent will automatically be British by descent".

So it suggests, as I read it, that we do not need to register my daughter, that she automatically has British Citizenship.

In which case how do we evidence this? She has an Australian passport, but no British passport. So currently she can only enter on a visitor visa and stay for a limited time. Can we and should we somehow apply for a British Passport without registering her as a citizen?

If so can we apply for a British Passport now or only if she enters on a visitor visa and applies from the UK?

Hope it’s not a silly question but I’ve spent hours reading all this stuff and this is about the best I’ve done trying to work it all out. Maybe I've got it all wrong.

Thanks in advance, any and all help gratefully received. Cheers.

[vinny]

Your daughter is automatically British.

She may apply for a British passport.

[ohara]

When I read the guide to form MN1 it seems to confirm that my daughter has the right to British Citizenship by descent.

She doesn't have the right to British citizenship by descent; she automatically is a British citizen by descent.

If you're interested, the relevant section in the British Nationality Act 1981 is 2(1)(a):

2 Acquisition by descent.

(1)A person born outside the United Kingdom [F17and the qualifying territories] after commencement shall be a British citizen if at the time of the birth his father or mother—

(a)is a British citizen otherwise than by descent

http://www.legislation.gov.uk/ukpga/1981/61

[LilyLalilu]

So it suggests, as I read it, that we do not need to register my daughter, that she automatically has British Citizenship. In which case how do we evidence this? She has an Australian passport, but no British passport.

Apply for daughter's British passport and submit mother's British passport (if she has one atm) and birth certificate, plus daughter's birth certificate.
This shows that the mother is British otherwise by descent which therefore makes the Australia-born daughter British by descent.
Bear in mind that PP applications from abroad can take 6-12 months, so better get on it as soon as you can

[Peter1212]

Thanks Lily Lalilu, I was getting the impression that it was simply a matter of applying for a passport. There doesn't seem to me to be any requirement to register for British Citizenship in these circumstances.

And you seem to have confirmed this for me. Cheers

[ohara]

You cannot register someone who is already a British citizen

Be aware that if later in life your daughter has her own children outside the UK, they will not be British.