Am I British or British by descent

[Ibrahim102]

I have been confused over whether I am British by descent or British other than by descent. My story is as follows:
- my mother was born in Iraq and when I was 7 years old we moved to the UK. I was under 18 at that time my mother, legal guardian, applied for naturalisation and got her British Citizenship in 2010. And as she became British I automatically received it too as I was under 18 - so both our names were on the application.

I am now married to a non British wife who resides in Turkey. Our baby is due soon and his British Citizenship comes down to whether I am considered as British by descent or not.

Any knowledge of whether I am considered as British by descent (as my mother passed it down) or British otherwise than descent as she was my legal guardian acting on my behalf and so as if I applied for it within my own right.

Any help is highly appreciated.
Many Thanks

[CR001]

Useful to state the exact dates of the sequence of events.

What date did she come to the UK??

What visa route??

She likely APPLIED to register you as British with her application. If she naturalised, she cannot pass it on to you after your birth.

[Ibrahim102]

Useful to state the exact dates of the sequence of events.

What date did she come to the UK??

What visa route??

She likely APPLIED to register you as British with her application. If she naturalised, she cannot pass it on to you after your birth.

I was born in Iraq in 1992 to Iraqi parents and we moved to the UK in 2000. She applied for the British Citizenship in late 2009 and got it early 2010. As I was under 18, her dependent, the only way to get it is if my mother gets it. And that is how I became British.

Now is that considered as her passing it on to me i.e. am I considered 'British by descent'?

Hope that clarifies.

[secret.simon]

If your mother naturalised after your birth, you cannot have inherited British citizenship from her.

When your mother applied for naturalisation, did she apply for registration for you as well? You (or your mother) should have received a certificate of registration as a British citizen with your name on it. That is the basis of your British citizenship.

If you have such a certificate, check if it states which Section you have been registered under. It will likely be Section 3(1). If it is, you are a British citizen otherwise than by descent and your child born abroad will be a British citizen by descent.

In order to apply for your child's British passport, it may be necessary to find your certificate of registration (you can start by asking your mother). You may want to look for that certificate, both to answer the question of whether you are a British citizen by descent or otherwise than by descent AND to apply for your child's passport.

[stormy25]

Hi Simon

I am British by registration under Section 3(1) born outside of the UK to a mother who is otherwise than by descent but I always believed that Section 3(1) made me British by descent. Is that incorrect? Are my children entitled to British passports if they are born outside of the UK?

If you have such a certificate, check if it states which Section you have been registered under. It will likely be Section 3(1). If it is, you are a British citizen otherwise than by descent and your child born abroad will be a British citizen by descent.

In order to apply for your child's British passport, it may be necessary to find your certificate of registration (you can start by asking your mother). You may want to look for that certificate, both to answer the question of whether you are a British citizen by descent or otherwise than by descent AND to apply for your child's passport.

[cryvate]

I think you are Otherwise than by Descent (emphasis added):

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.

[secret.simon]

I think you are Otherwise than by Descent

I agree. If your mother was not a British citizen at the time of your birth, then your registration has made you a British citizen otherwise than descent and your children can apply directly for a British passport.