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Was your UK-born father married to your mother at the time of your birth?
In that case, you have been a British citizen by descent since your birth (even if you did not have a British passport till recently) and therefore your child, being registered as a British citizen under Section 3(1), is also a British citizen by descent.
Section 14(1)(c) of the British Nationality Act 1981 wrote:(1)For the purposes of this Act a British citizen is a British citizen “by descent” if and only if—
...
(c)he is a British citizen by virtue of registration under section 3(1) and either—
(i)his father or mother was a British citizen at the time of the birth; or
Singapore may not recognise dual citizenship, but, based on your father's British citizenship by birth in the UK and his marriage to your mother, you were automatically a British citizen by descent at birth under UK law, even if that citizenship was not exercised by you (by having a British passport) or recognised by Singapore.
British citizenship can only be passed on automatically by descent one generation outside the UK. Your child is a British citizen by descent through registration, not automatically. That is possible and provided in legislation.
While the registration requirements were met by her, the law also defines the circumstances in which the citizenship is acquired "by descent" and your child does meet those definitions. Therefore she is a British citizen by descent.
Your daughter's categorisation may have been incorrect, but that would likely have depended on what information you provided in the registration form. The registration form is the same for most categories of registering children.
Yes. Essentially this categorisation (by descent/otherwise...) gets set at the time of acquisition of British citizenship and lasts while you remain a British citizen.
I don't see how your MP can help in this mater. There is simply no provision in the law to reissue a registration certificate on a different basis.
The RR Form allows you to have a detail on the registration form corrected, such as the misspelling of a name, etc, not revise the basis of the registration itself.
The Home Office helpline is handled by a thirdparty agency, not by Home Office staff and in any case, your particular issue is quite niche.
While I can't think of any benefits, it can't do any harm either. What it does is that inscribes the details of a foreign birth into the UK's birth, marriages and death registers, so that in future, if anybody is doing family research, it is easier to find. And as it will already have been verified and added to the UK's records, that consular birth certificate may be easier to use for any future UK based paperwork.
They would have based their decision on the information you provided to them in the application form. If you indicated that you were not a British citizen by descent at the time of your children's birth, they would have considered the application under Section 3.1, rather than Section 3.5.
As I mentioned in an earlier post, I don't think that the categorisation can be changed once British citizenship has been acquired.
It can go either way and registration as a British citizen is not cheap (about £1000).
It means from your father to you, i.e. one generation and it stops with you in terms of automatically British by descent. Your father to your children is two generations.Clarity wrote: ↑Tue Sep 17, 2019 3:52 pmHi,
Can anyone clarify the following for me?
I was born abroad to a UK born father. I claimed my automatic Certificate of Entitlement successfully.
I am aware that I cannot pass citizenship to my children born abroad as the “citizenship by descent” can only be passed down one generation. Does “one generation” mean from my father to me or does it mean from me to my children. I enquired about this at the Passport Office and they stated that the one generation rule means from me to my children which is different to what the Home Office states on their website.
Which agency is correct?
Firstly, those reassurances given by the Passport Office may have been based on incomplete information given by her to them. As CR001 had mentioned in an earlier post, most Section 3(1) registrations lead to British citizenship otherwise than by descent and they can pass their citizenship to children born abroad.Clarity wrote: ↑Tue Sep 17, 2019 6:29 pmMy daughter only decided to give birth overseas( job secondment) because of assurances given by the Passport Office ie as she was a citizen there would not be any problems for her then unborn daughter. These. Reassurances of course were false and the PO has stated that this has only flagged up a training issue with their staff. My daughter had the option to return to the UK mid point her pregnancy.