Citizenship eligibility for 2nd generation

[BashirB]

Having read other posts and HO guidance, it appears (generally) for naturalised citizens who were born abroad, if your child is also born abroad, then that child cannot pass on citizenship to their child.

So a child who came to UK when 1 years old, got naturalised when their parents got naturalised will be able to pass on citizenship to their own child, even if born abroad, but their grandchild born abroad won't be citizens. This sounds fair enough as a third generation person is unlikely to Ave strong links.

My question is: what if only 1 parent is a second generation foreign born, but the other parent is British citizen by birth. If their child is born abroad, is he/she still eligible on basis of one parent only? Or is the ineligibility only applicable if both parents don't make the cut.

[alterhase58]

I believe there is no distinction.
British by birth or British by naturalisation/registration makes you "British otherwise than by decent".
If by birth is treated better than by by naturalisation that would be discrimination.

[contorted_svy]

Having read other posts and HO guidance, it appears (generally) for naturalised citizens who were born abroad, if your child is also born abroad, then that child cannot pass on citizenship to their child.

So a child who came to UK when 1 years old, got naturalised when their parents got naturalised will be able to pass on citizenship to their own child, even if born abroad, but their grandchild born abroad won't be citizens. This sounds fair enough as a third generation person is unlikely to Ave strong links.

My question is: what if only 1 parent is a second generation foreign born, but the other parent is British citizen by birth. If their child is born abroad, is he/she still eligible on basis of one parent only? Or is the ineligibility only applicable if both parents don't make the cut.

Eligibility for children born to British parents abroad is based on one parent being able to pass down British citizenship, as long as they are British in any way other than by descent. If both parents are British, one by birth or naturalisation and the other one by descent, there is still eligibility for the child born abroad to register as British. If both parents were British by descent that wouldn't be the case.

[secret.simon]

As others have mentioned, the distinction is not between naturalised citizens and by birth citizens, but between British citizens otherwise than by descent and British citizens by descent. It is best not to use the term "British citizens by birth" as it is too vague and depends on the circumstances of their birth.

British citizens by descent are British citizens born outside the UK to a British parent and whose sole claim to British citizenship is through a British parent. That also includes some forms of registration as a British citizen. They can not pass their British citizenship to their own children born outside the UK automatically.

British citizens otherwise than by descent are all other British citizens. They include British citizens born in the UK to settled parents or to British parents, British citizens by naturalisation and most (but not all) British citizens by registration. They can automatically pass on their British citizenship to children born outside the UK. The resulting children would be British citizens by descent.

Does that clarify matters?

[BashirB]

Thanks for that. I am still trying to get head around when does a child/grandchild of a naturalised person become join the by descent category.

If we take a hypothetical scenario of parents who were Indian citizens and moved to UK, having children at various points in their citizenship journey, per below, at what descent level do the future generations not be automatic British citizens.

Parents: Both born in India and naturalised via 5+1 year route. 2 BRP, ILR, s 6(1)
Child1: Born in India before move to UK. Had 2 BRPs, ILR , s 3(1)
Child2: Born in UK when parents on first BRP. Had 2 BRP, ILR, s 1(3)
Child3: Born in UK when parents on second BRP (soon after renewal). Had 1 BRP, ILR, s 1(3)
Child4: Born in UK when parents on second BRP (closer to ILR application time). No BRP, No ILR, s 1(3)
Child5: Born in UK when parents on ILR. British as born to settled parents
Child6: Born in UK when parents were naturalised. British as born to British parents
Child7: Born in India after parents were naturalised. British as born to British parents

Assuming all of the children (Generation2 - G2) above marry someone in the same immigration scenario (or non-British for arguments sake) and have children (G3) overseas. And these children also marry a non-British and have (grand)children (G4)overseas.

Whose G3 and G4 will not be entitled to be British automatically.




(PS: this is a hypothetical family, I know of no real person in this scenario, so any resemblance is purely co-incidential).

[contorted_svy]

It seems to me that out of those scenarios those children are British otherwise than by descent expect for number 7. If their children were born abroad they wouldn't automatically be British because their parents is British by descent. In this scenario children born to such a parent could register as British if born in the UK I think.

For scenarios 1-6, I think once these people have children (G3) if children of such parents are born outside of the UK they would be British by descent.

[secret.simon]

As a rule of thumb, children born in the UK (i.e. they have a tie to the UK other than through their parents; in this example Children 2-6) are either automatically British citizens otherwise than by descent at birth or will become British citizens otherwise than by descent when registered as British citizens. Their children (G3) born abroad will automatically be British citizens by descent. G4 will not automatically be British citizens if born outside the UK.

Child 1 would be a British citizen otherwise than by descent because they were registered as British citizens under Section 3(1) and neither parent was a British citizen at the time of their birth. The same last two sentences of the previous paragraphs apply here.

Child 7 would be a British citizen by descent and can't pass their British citizenship to their own children born outside the UK. Neither G3 nor G4 will automatically be British citizens if born outside the UK.

It is worth remembering that any children born to British citizens by descent within the UK would be British citizens otherwise than by descent. The limitation of passing of British citizenship only applies to births outside the UK.

And we know this is a hypothetical family. A family with seven children is inconceivable, both literally and metaphorically, in this day and age.

[BashirB]

Thanks both, that makes it more clear.