UKM or naturalisation? Which is better?

[sepata]

I am an Australian citizen and resident but recently acquired British citizenship via a non-standard UKM registration (long story but my parents were both born in Australia, and only my paternal grandfather was UK-born).

This query, however, is about my sister, also an Australian citizen eligible for UKM registration via the same path but she has lived in the UK since 2004 with her Italian national husband and both have ILR. She wants to apply for BC for herself and her daughter (12 yo, Italian-born but lived in the UK all her life).

The question is: which is the better path for my sister to take. Naturalisation or UKM? The latter is easier and much cheaper but only confers citizenship by descent, but as I understand it, naturalisation will only help for children born after she obtains citizenship, and she doesn't want or can have any more children. Is there any advantage for her daughter's citizenship registration if my sister naturalises?

Also will her daughter become a citizen by decent only, and potentially her children may run into problems acquiring British citizenship?

[sepata]

Thanks vinny. So are you saying my sister's citizenship is irrelevant to her daughter's registration and future citizenship status (by descent or otherwise), so my sister might as well go the easier UKM route?

[vinny]

They expect either parent to be British. But it doesn’t matter which route, unless UKM retrospectively grants mother’s citizenship by descent prior to daughter’s birth?

Registration under section 3(1) will give British citizenship by descent if the father or the mother was a British citizen at the time of the child’s birth.
In all other cases registration gives British citizenship otherwise than by descent.

[sepata]

Ah, very interesting. Yes, it appears reading the guidelines for registration of children that my sister should first register via UKM. This establishes that she would have become a citizen at birth if women had been able to pass on citizenship to their children at that time.

I'm not sure if UKM registration backdates her citizenship to her birth, but she could put forward a very good case that it does, and then apply for her daughter's registration under section 3(5). Failing that, section 3(2) applies because the UKM registration establishes that our mother was a citizen otherwise than by descent at the time of my sister's birth.

Does that sound logical? Another UK immigration law minefield but it sounds like a viable approach to me.

[vinny]

Yes. If they grant sister retrospective citizenship by descent, then register her daughter under 3(5), else under 3(1) is fine, as your sister wouldn’t be British at the time of her daughter’s birth.

3(2) would grant sister’s daughter’s citizenship by descent.

[sepata]

Oh, I see, I was confused. My sister should just apply first for her daughter under 3(1) because given neither parents are currently British citizens, citizenship otherwise than by descent would be granted. UKM registration by my sister might in fact impact adversely, though it seems unlikely UK immigration would bother.

[vinny]

One of their expections under 3(1) is that at least one parent is British or applying for British citizenship at the same time.