Born abroad to British father, how can I pass it on more than one generation

[ST560S]

I've emigrated to Canada and wish to continue British nationality for my children's children. I understand its supposed to stop after my kids get it (unless they give birth in the UK).

So my question is basically how can I bend the rules to enable this to happen? I was considering registering the birth in both countries?

[mesn]

I've emigrated to Canada and wish to continue British nationality for my children's children. I understand its supposed to stop after my kids get it (unless they give birth in the UK).

So my question is basically how can I bend the rules to enable this to happen? I was considering registering the birth in both countries?

Believe you cant bend the rule. Only option would be to have the child in the UK to be eligible for Citizenship or the more complex double descent application [no idea what the process for this].

[secret.simon]

more complex double descent application

Do tell more. We are not aware of this procedure in general.

I was considering registering the birth in both countries?

You can certainly register the birth in both countries. If the children were born in Canada, you can apply for a consular birth certificate to have the birth details entered into the birth register of the UK.

However, that will still not allow your children to pass on their British citizenship to their children.

To be able to pass on British citizenship to their children born outside the UK, your children themselves need to be born in the UK (or a British Overseas territory)-that is to say that the place of birth mentioned in the birth certificate needs to be located in the UK or BOT-, not merely have their birth registered in the UK.

they give birth in the UK

Or in a British Overseas Territory. Bermuda and the British Virgin Islands are two BOTs close to Canada that you may want to look at.

If your child is born in Canada (and so is a British citizen by descent) and then lives in the UK for any three continuous years before the birth of their own child, that child (your grandchild) can be registered as a British citizen under Section 3(2) of the British Nationality Act 1981. Such a grandchild, registered as a British citizen under Section 3(2) would be a British citizen by descent themselves and their children would not be British citizens by descent automatically either.

[mesn]

more complex double descent application

Do tell more. We are not aware of this procedure in general.

I was considering registering the birth in both countries?

You can certainly register the birth in both countries. If the children were born in Canada, you can apply for a consular birth certificate to have the birth details entered into the birth register of the UK.

However, that will still not allow your children to pass on their British citizenship to their children.

To be able to pass on British citizenship to their children born outside the UK, your children themselves need to be born in the UK (or a British Overseas territory)-that is to say that the place of birth mentioned in the birth certificate needs to be located in the UK or BOT-, not merely have their birth registered in the UK.

they give birth in the UK

Or in a British Overseas Territory. Bermuda and the British Virgin Islands are two BOTs close to Canada that you may want to look at.

If your child is born in Canada (and so is a British citizen by descent) and then lives in the UK for any three continuous years before the birth of their own child, that child (your grandchild) can be registered as a British citizen under Section 3(2) of the British Nationality Act 1981. Such a grandchild, registered as a British citizen under Section 3(2) would be a British citizen by descent themselves and their children would not be British citizens by descent automatically either.

British Citizenship by Double Descent

"Under certain circumstances, you can apply for citizenship if one of your grandparents was born in the UK or was a British citizen at the time of your birth. This route is known as British citizenship by Double Descent.

Double descent claims are considered on a case-by-case basis, and you must be able to provide sufficient evidence to support your case. Unfortunately, there is no guarantee that you will receive citizenship through this route."

Heard about this from a friend who was told about this by his attorney.

Solicitor weblink removed by moderator

[vinny]

I suspect that the current options under double descent are more limited if a person was born after 1 January 1983.

[secret.simon]

British Citizenship by Double Descent

"Under certain circumstances, you can apply for citizenship if one of your grandparents was born in the UK or was a British citizen at the time of your birth. This route is known as British citizenship by Double Descent.

Double descent claims are considered on a case-by-case basis, and you must be able to provide sufficient evidence to support your case. Unfortunately, there is no guarantee that you will receive citizenship through this route."

Heard about this from a friend who was told about this by his attorney.

I think that applies to certain very niche cases where some countries became independent and the Act that gave them independence allowed more flexibility on citizenship by descent. The only example I can think off the top of my head is when the Federation of Rhodesia and Nyasaland was formed and then dissolved and given independence. The two Acts (for formation and dissolution) created a gap for double descent.

But, in any case, as @vinny said above, most of those options would apply to people born with British citizenship before 1983. They would not apply to children of people who naturalised in the UK years after 1983.

[mesn]

Thanks @vinny, @secret.simon. Good luck to OP.

[vinny]

I've emigrated to Canada and wish to continue British nationality for my children's children. I understand its supposed to stop after my kids get it (unless they give birth in the UK).

So my question is basically how can I bend the rules to enable this to happen? I was considering registering the birth in both countries?

As @secret.simon mentioned, they may be entitled to register or they have a parent who is a British citizen otherwise than by descent.