Passing British Citizenship on to children

[neil4u]

Hi

Is it true that if you are a British Citizen by decent you can pass your British Citzenship over to your overseas born children if you have resided in the UK for 3 years or longer?

[JAJ]

Hi

Is it true that if you are a British Citizen by decent you can pass your British Citzenship over to your overseas born children if you have resided in the UK for 3 years or longer?

Yes, in certain circumstances:

- child must be second generation born overseas, not third generation or more
- the 3 years residence in the UK or a "qualifying territory" must be a continuous period before the birth of a child. The three year residence requirement is waived if the child does not have another nationality.
- application must be made within 12 months of the child's birth.

This registration takes place under section 3(2) of the British Nationality Act and confers British citizenship by descent. Notably, the process is not then available for the following generation.

The alternative is to bring the child to live in the UK (with a settlement visa) and apply for registration after 3 years residence under section 3(5) of the Act. This confers British citizenship otherwise than by descent

In some exceptional circumstances, discretionary registration under section 3(1) of the Act may be available (but don't rely on this).

Home Office leaflet
http://www.ind.homeoffice.gov.uk/applyi ... w=Standard

[neil4u]

Sorry I'm a bit confused. I'm a British Citizen by decent (Obtained from my mother and father who are British and born in Britain) and a South African citizen by Birth. Does that mean that if I leave the UK and have a child in South Africa with my South African wife I can't register that child as a British Citizen even though I have lived in the UK for 3 years?

[JAJ]

Sorry I'm a bit confused. I'm a British Citizen by decent (Obtained from my mother and father who are British and born in Britain) and a South African citizen by Birth.

In that case you are first generation born overseas. Strongly suggest you read the above post again. You could register your child as British by descent under s3(2) if otherwise eligible, however child could not repeat this for the next generation.

Does that mean that if I leave the UK and have a child in South Africa with my South African wife I can't register that child as a British Citizen even though I have lived in the UK for 3 years?

Why doesn't your South African wife become a naturalised British citizen? Then any future children born outside the UK will automatically be British (by descent) based on her status, not yours.

[davidm]

Somewhat unrelated- but since we are expecting a child in a few months and are both naturalised Brits currently living in the US on intercompany transfer visas until 2008, thought will clarify the situation. Is there any long term issue if we have the baby in the US from a UK citizenship point of view? My understanding is that the baby will be American by birth, Canadian through ancestry and British as s/he is born to a naturalised British citizen.

[John]

Is there any long term issue if we have the baby in the US from a UK citizenship point of view?

Yes, but a generation later! That is, for your child's children .... if they are born in the UK then they will be British .... but if born outside the UK, they will only be British is their parent was born in the UK.

In other words, if your child is born outside the UK, their children will not be British if born outside the UK.

[JAJ]

Somewhat unrelated- but since we are expecting a child in a few months and are both naturalised Brits currently living in the US on intercompany transfer visas until 2008, thought will clarify the situation. Is there any long term issue if we have the baby in the US from a UK citizenship point of view? My understanding is that the baby will be American by birth, Canadian through ancestry and British as s/he is born to a naturalised British citizen.

Assuming you're naturalised British as opposed to registered - check your citizenship certificates ...

... As John says your child will be British by descent which may impact the rights of the next generation if also born outside the UK. But there are ways in which children of a British citizen by descent can be registered as British, and the law might change between now and then.

In the meantime, your child's American birthplace means US citizenship - a significant benefit in life. It won't help you get a green card anytime soon, however.

Make a point of getting your child a British style birth cert from the Embassy in Washington DC. Embassy officials may tell you "not to bother" and just get a passport - don't listen to them.

As for Canadian citizenship, the child will automatically be Canadian if one parent is so just get a citizenship card and Canadian passport. However could you please clarify:

- how you obtained Canadian citizenship; and
- when were you naturalised British

These may affect your child's Canadian citizenship claim.

[jes2jes]

Somewhat unrelated- but since we are expecting a child in a few months and are both naturalised Brits currently living in the US on intercompany transfer visas until 2008, thought will clarify the situation. Is there any long term issue if we have the baby in the US from a UK citizenship point of view? My understanding is that the baby will be American by birth, Canadian through ancestry and British as s/he is born to a naturalised British citizen.

Assuming you're naturalised British as opposed to registered - check your citizenship certificates ...

... As John says your child will be British by descent which may impact the rights of the next generation if also born outside the UK. But there are ways in which children of a British citizen by descent can be registered as British, and the law might change between now and then.

In the meantime, your child's American birthplace means US citizenship - a significant benefit in life. It won't help you get a green card anytime soon, however.

Make a point of getting your child a British style birth cert from the Embassy in Washington DC. Embassy officials may tell you "not to bother" and just get a passport - don't listen to them.

As for Canadian citizenship, the child will automatically be Canadian if one parent is so just get a citizenship card and Canadian passport. However could you please clarify:

- how you obtained Canadian citizenship; and
- when were you naturalised British

These may affect your child's Canadian citizenship claim.

JAJ,
This is also unrelated but I just couldn't help but to say how impressed I am with your posts in the forum. You are very good at that and always ready to help. I am always happy to log on this site to read your post concerning citizenship laws as I am happy to read John's posts' on Immigration Rules.

Thank you both for the time and effort you put in to help the various people in this forum. I pray that when you need help, God will send help to you in any area of your lives.

God bless you both (JAJ and John) . By the way, where is Kayalami?

[Marco 72]

In the meantime, your child's American birthplace means US citizenship - a significant benefit in life.

In some cases it can be a significant hassle, since US citizens are required to file taxes to the US every year, regardless of where they live.

[davidm]

Assuming you're naturalised British as opposed to registered - check your citizenship certificates ...

... As John says your child will be British by descent which may impact the rights of the next generation if also born outside the UK. But there are ways in which children of a British citizen by descent can be registered as British, and the law might change between now and then.

In the meantime, your child's American birthplace means US citizenship - a significant benefit in life. It won't help you get a green card anytime soon, however.

Make a point of getting your child a British style birth cert from the Embassy in Washington DC. Embassy officials may tell you "not to bother" and just get a passport - don't listen to them.

As for Canadian citizenship, the child will automatically be Canadian if one parent is so just get a citizenship card and Canadian passport. However could you please clarify:

- how you obtained Canadian citizenship; and
- when were you naturalised British

These may affect your child's Canadian citizenship claim.

Thanks for the input John/JAJ.
Yes- both of us are naturalised brits in 2005 and born in Canada- to Canadian parents. We were planning to have the baby in the US because our "home" at the moment is the US and it is too much of a hassle to go to UK/Canada just for childbrith. Of course, there is the added benefit (or problem if you look from a tax or military draft point of view) that the child will be American by birth.
We will get the child duly registered in all embassies of course! It is still a few months away.

[JAJ]

Thanks for the input John/JAJ.
Yes- both of us are naturalised brits in 2005

So you're British "otherwise than by descent" and hence your US-born child will be British "by descent" automatically. Just make yourselves aware over time about how the rules will work for your child passing on his or her British citizenship and make sure the child knows these when older. Home Office leaflet BN4 referred to earlier in the thread is a standard reference.

Adult Canadians who became naturalised British before 15 February 1977 lost Canadian citizenship automatically, but that doesn't affect you.

and born in Canada- to Canadian parents.

So the fact you were born in Canada (status of parents doesn't matter, except for diplomats and similar) means you are Canadians by birth and your US-born child will automatically be Canadian by descent.

Like the UK, Canada restricts the transmission of citizenship to the second generation born overseas (ie, not your child, but the next generation).

The way it works in Canada currently is that second generation Canadians by descent still automatically get citizenship by birth but lose it automatically at age 28 unless they apply for retention. Since 1.1.2007 CIC have been putting expiry dates on the citizenship cards of those affected.
http://www.cic.gc.ca/english/facts/expiry-date.html

As dual/multiple citizens you should make a point of keeping in touch with any legal developments in Britain, Canada and (for your child) the United States.

There was some noise made in Canada during 2006 about restricting dual/multiple citizenship but nothing has come of it so far. It's unclear whether the government would want to proceed once the issue was properly thought through, and even if it did, whether it could get legislation through the House of Commons and (especially) the Senate.