Passing on citizenship

[Sceptic]

I would be grateful if someone could help with the following -

I am a British citizen by descent
I am going to live in the UK and when eligible after 5 years apply for naturalisation
I have a child over 18
Once I am naturalised, can I pass on citizenship to my child over 18?

Thanks

[Ben]

I am a British citizen by descent
I am going to live in the UK and when eligible after 5 years apply for naturalisation

[Sceptic]

I live in South Africa at present and understand that a naturalised citizen can pass on citizenship other than by descent.

[Ben]

I live in South Africa at present and understand that a naturalised citizen can pass on citizenship other than by descent.

But you're already a British citizen!

[Sceptic]

Yes, but only by descent so can't pass on citizenship. I thought this may change once naturalised as you then can pass on citizenship. Does that not then make a difference between my citizenship by descent and citizenship through naturalisation?

[Ben]

I'm going to stand back on this one - not my area of expertise and I wouldn't want to mislead you. Wait for JAJ or other to come on.

If it turns out someone can be naturalised as a British citizen even though he is already a British citizen, I apologise.

Good luck all the same.

[mrlookforward]

Yes, but only by descent so can't pass on citizenship. I thought this may change once naturalised as you then can pass on citizenship. Does that not then make a difference between my citizenship by descent and citizenship through naturalisation?

You cant naturalise because you are already a British Citizen. By descent or not doesnt play any part in it.

Regarding your son can you please point out,
Where was he born?
Whats his nationality?
His mothers nationality at the time of his birth.
Have you lived in UK in past? if yes, when and for how long?

With the above info, an expert might be able to advice you.

[Sceptic]

He was born in SA
Is a South African
Mother was SA at time of his birth
Not lived in UK permanently yet

[mrlookforward]

He was born in SA
Is a South African
Mother was SA at time of his birth
Not lived in UK permanently yet

Dont see any way or reason for your son to be granted British Citizenship, now or in future, unless he goes through ancestory visa route.

But please wait for an expert to provide you with a precise answer.

[Backer]

I think that under the current law if you live for 3 years in the UK you can pass on your citiznehip to yout children BUT I don't know if this is applies to children already born and/or over 18.

[Sceptic]

Thank you

[Sceptic]

Yes, but only by descent so can't pass on citizenship. I thought this may change once naturalised as you then can pass on citizenship. Does that not then make a difference between my citizenship by descent and citizenship through naturalisation?

You cant naturalise because you are already a British Citizen. By descent or not doesnt play any part in it.

This is what confuses me - I am a citizen by descent (my mother was born in the UK) and go and live in the UK for 5 years. I can't pass on citizenship to my son. I then want to be naturalised.

Person B with no UK connections moves to the UK from another non-EU country and lives there for the same 5 years. They then apply for naturalisation as a British citizen and CAN pass on citizenship to their child.

This does not make sense, unless I am really missing something.

[f2k]

Yes, but only by descent so can't pass on citizenship. I thought this may change once naturalised as you then can pass on citizenship. Does that not then make a difference between my citizenship by descent and citizenship through naturalisation?

You cant naturalise because you are already a British Citizen. By descent or not doesnt play any part in it.

This is what confuses me - I am a citizen by descent (my mother was born in the UK) and go and live in the UK for 5 years. I can't pass on citizenship to my son. I then want to be naturalised.

Person B with no UK connections moves to the UK from another non-EU country and lives there for the same 5 years. They then apply for naturalisation as a British citizen and CAN pass on citizenship to their child.

This does not make sense, unless I am really missing something.

IMO the difference there is that the naturalised has lived in the UK and the other has not. If you had / have lived in the UK for I think 3 years then you would be able to pass on your citizenship onto your child. also note for the naturalised person they can only pass on citizenship to their child born if born after the said parent is naturalised.

As mentioned before your son can use the Ancestry route to go the UK because of your links to the UK

[Sceptic]

Sorry, I did mean that if both persons A and B stayed for the same 5 years in the UK after moving there. One could be naturalised and pass on the citizenship but the other could not.

[Backer]

Sceptic, I think you are missing the point. You don't need to naturalize and as long as you live for 3 years in the UK you can pass on your citiznehship to your children (as opposed to 5 or really 6 years for someone who is naturalizing in the UK) BUT in both cases this does not apply to children born before.

[JulesN19]

The Court of Appeal did consider in Regina (Ullah) v Secretary of State for the Home Department [2001] EWCA Civ 659 whether someone who was a British citizen by descent could go through the process of naturalisation so as to become a citizen otherwise than by descent. As a person who is a citizen by descent is already a citizen, it was held that naturalisation cannot turn such a person into a citizen otherwise than by descent.