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If her father was UK born or naturalised, and her parents were married, she was probably *automatically* British on this basis. Otherwise she must have a certificate of registration as a UK citizen.lana wrote:I have an Argentinian friend whose mother is British by birth. She was born to British parents in Argentina, had a British passport and did not bother to renew it after 1980's (but never renounced it- it says British Citizen by birth). Her husband is Spanish as well as Argentinian and she got a Spanish passport after marriage (in addition to Argentinian and British passports which she got through her parents). The parents live in Argentina and all have Spanish as well as Argentinian passports.
Having a British parent in itself isn't enough, but:My friend, who just moved to work in London (he has a Spanish passport so need no WP) approached the British consulate in Argentina and was told that he can not get a british passport through his mother as he was born before 1983, and that he does not qualify as he is not a commonwealth citizen.
I would appreciate if anybody can clarify whether he can get British citizenship through his mother or not, because my understanding is that you become British if you are born to a British parent.
Indeed, not even as restricted as that! As an EU Citizen he is entitled to go on to the UK Electoral Register .... and vote in local elections and European elections.he pretty much has the same rights as a British Citizen except the ability to vote?
So whilst BN13 helps quite a few people, I think the person under discussion here is not assisted. That is, even if the law back then, when the person was born, had given the same rights to mothers as to fathers, he would not have been British as his mother acquired her British status by decent.3. You would usually be entitled to registration if, at the time of your birth, your mother was a citizen of the United Kingdom and Colonies because she was born, legally adopted (see Note 2), naturalised or registered in the United Kingdom (see Note 3). If your mother did not become a citizen of the United Kingdom and Colonies in this way, you would not normally be entitled to registration, although there are some exceptions.
In that case she's British 'by descent' - and British citizenship does not normally pass beyond the first generation born outside the UK.lana wrote:Thanks for the reply JAJ.
The parents of his mother were born in the UK and were married at the time she was born- so she is British.
However, she was not born in the UK, but in Argentina.
Are you sure? I don't know for sure, but I thought that Spain (and maybe also Argentina) only allowed dual citizenship with other Spanish/Latin American countries, not in general. He should check this out thoroughly.neither Spain nor Argentina has any problem with dual nationality, so he can keep these citizenships even if he becomes British.
John wrote:So whilst BN13 helps quite a few people, I think the person under discussion here is not assisted. That is, even if the law back then, when the person was born, had given the same rights to mothers as to fathers, he would not have been British as his mother acquired her British status by decent.
JAJ, agree?
Or hold certain public offices, work in certain Civil Service positions, claim benefits (unless he has ILR), and confer British citizenship upon UK born children (again, unless he has ILR).bbdivo wrote:Is there any reason why he wants to get British Citizenship? I mean with a Spanish passport he pretty much has the same rights as a British Citizen except the ability to vote?
That is not true- I know a couple of my friends who have both Spanish and British passports. And I am an Argentinian who have got a British passport last year.JAJ wrote: Are you sure? I don't know for sure, but I thought that Spain (and maybe also Argentina) only allowed dual citizenship with other Spanish/Latin American countries, not in general. He should check this out thoroughly.
David Searl discusses the regulations for taking out Spanish nationality in this excerpt from his best-selling You and the Law in Spain.
....some countries permit dual nationality, and do not mind if one of their citizens takes on another nationality in addition to the one he was born with. A British citizen, for example, can take another nationality without forsaking his British citizenship. The United States formerly did not permit dual nationality, but now if one of its citizens takes Spanish nationality this is no longer grounds for loss of his US citizenship.
An American woman who marries a Spaniard does not lose her American citizenship, nor does she automatically become Spanish. Her child born in Spain will be able to have Spanish nationality through his father and place of birth, and American nationality through his mother.
Until he reaches the age of 18, that is. Then the child must make a choice. Spanish law does not recognize dual nationality for adults, so the child must either renounce his American nationality, or lose his Spanish nationality.
I think he needs to investigate this- if this is true he has lost his Spanish nationality already because he has an Argentinian passport.ppron747 wrote:I can't vouch for its accuracy, but http://www.spainview.com/national.html has the following:David Searl discusses the regulations for taking out Spanish nationality in this excerpt from his best-selling You and the Law in Spain.
....some countries permit dual nationality, and do not mind if one of their citizens takes on another nationality in addition to the one he was born with. A British citizen, for example, can take another nationality without forsaking his British citizenship. The United States formerly did not permit dual nationality, but now if one of its citizens takes Spanish nationality this is no longer grounds for loss of his US citizenship.
An American woman who marries a Spaniard does not lose her American citizenship, nor does she automatically become Spanish. Her child born in Spain will be able to have Spanish nationality through his father and place of birth, and American nationality through his mother.
Until he reaches the age of 18, that is. Then the child must make a choice. Spanish law does not recognize dual nationality for adults, so the child must either renounce his American nationality, or lose his Spanish nationality.
lana wrote: I think he needs to investigate this- if this is true he has lost his Spanish nationality already because he has an Argentinian passport.