British Citizenship By Descent

British citizenship by descent pertains to the entitlement of individuals born abroad to British citizenship due to having a British parent. A person might become a British citizen by descent in several ways:

• Birth Outside the United Kingdom: If born abroad to a parent who was a British citizen.
• Registration: Through the registration process.

It’s crucial to discern the distinction between British citizenship by descent and ‘British citizenship otherwise than by descent.’ Individuals with citizenship otherwise than by descent can transmit their citizenship to a child born overseas. However, a person with British citizenship by descent generally cannot pass on their citizenship to their children born outside the UK.

There is an exception in cases where the individual was born to a parent in a crown designated or EU service. Contrarily, a British citizen otherwise than by descent might have acquired citizenship through birth, adoption, naturalisation, or, in most instances, registration in the United Kingdom or a qualifying territory.

Who meets the criteria for applying for British citizenship by descent?

As outlined in the British Nationality Act 1981, eligibility for British citizenship by descent hinges on your birth date outside the UK, specifically:

• If born on or after 1st July 2006
• If born between 1983 and June 2006
• If born before 1983

For individuals born on or after 1st July 2006

Automatic Acquisition of British Citizenship by Descent

Automatic entitlement to British citizenship typically occurs for individuals born overseas on or after 1st July 2006. This entitlement depends on specific criteria:

• Parental British Citizenship: At least one parent possessed British citizenship at the time of the child’s birth.
• Transference of Citizenship: The British parent had the legal capacity to pass on their citizenship to the child. This usually involves meeting certain legal requirements or conditions stipulated by British nationality laws.

Application for British Citizenship Through Descent

To apply for British citizenship by descent, in cases where automatic entitlement doesn’t apply, individuals must meet certain criteria. This includes:

• Residence with Parents in the UK:
  • The applicant must be under 18 years old.
  • One parent must have been a British citizen at the applicant’s birth.
  • The applicant must have cohabited with their parents for a minimum of 3 years immediately before applying.
  • The applicant and their parents should not have been absent from the UK for more than 270 days within those 3 years.
• British Parent’s Prior UK Residency:
  • The applicant should be under 18 years old.
  • One parent must have held British citizenship at the applicant’s birth.
  • The applicant’s parents must have lived in the UK for at least 3 years before the applicant’s birth, with absence exceeding 270 days.
  • The applicant’s British parent must have had a parent with British citizenship, who could transmit citizenship, either through adoption in the UK, acquiring citizenship, or serving as a Crown servant.
• Adoption Outside the UK:
  • Specific provisions apply if the individual was adopted outside the UK.

Meeting these conditions allows individuals not automatically considered British by descent to make an application for citizenship.

For those born between 1983 and June 2006

Automatic Entitlement to British Citizenship by Descent

Automatic recognition as a British citizen applies to individuals born overseas during the period between 1983 and June 2006, but under the condition that:

• Parental British Citizenship: At least one parent was classified as a British citizen when the individual was born. The regulations specify that if the father held British citizenship while the mother did not, they must have been married for citizenship transmission to apply.
• Passing on Citizenship: The British parent had the capability to transmit citizenship to the child.

Eligibility to Register for British Citizenship by Descent

Even if automatic recognition as a British citizen by descent doesn’t apply due to an unmarried British father, you might still qualify for citizenship if he:

• Birth or Adoption in the UK: If the father was born or legally adopted in the UK.
• Application and Receipt of Citizenship: If the father applied for and obtained British citizenship.
• Crown Service: If the father was employed as a Crown servant at the time of the child’s birth.

For those born before 1983

Automatic Entitlement to British Citizenship by Descent

Automatic classification as a British citizen may apply to individuals born overseas before 1983, provided that:

• Birth Outside the UK: The individual was born abroad.
• British Father: The individual’s father was British and, at the time of their birth, met specific criteria:
  • Was a citizen of the United Kingdom and Colonies.
  • Was married to the applicant’s mother.
  • Could transmit citizenship to the child.

Eligibility to Register for British Citizenship by Descent

An individual may be eligible to apply for citizenship by descent if:

• Unmarried Parents: The applicant’s parents were unmarried when they were born, or:
• British Mother, Non-British Father: The applicant’s mother was British, but their father was not.
• Citizenship Status of Parents: Either the mother or father was a citizen of the UK and Colonies at the time of the applicant’s birth, and they were:
  • Born or legally adopted in the UK,
  • Applied for and received citizenship, or
  • Engaged in Crown service at the time of the applicant’s birth.

If uncertain about meeting British citizenship by descent requirements, our knowledgeable immigration solicitors can assist you. Reach us at +44 (0) 1293 522 275 for guidance on your British citizenship application.

Secure British citizenship by descent

If you automatically hold British citizenship by descent, obtaining a British passport is all that’s necessary.

If automatic classification doesn’t apply, you can seek British citizenship by descent by completing the relevant application form, based on your birthdate:

• Form MN1 for those born on or after 1st July 2006.
• Form UKF for those born between 1983 and June 2006.
• Form UKF for those born before 1983 with a British father.
• Form UKM for those born before 1983 with a British mother.

After completing the online application:

• Pay the necessary fees: £1,500 application fee (if applicable), £80 for the citizenship ceremony fee (if required), and a biometric fee of £19.20.
• Schedule an appointment at a UKVCAS centre to provide your biometrics.
• Upload or have your supporting documents scanned during your UKVCAS appointment.

Note: not everyone needs to pay all the listed fees, as eligibility depends on your birthdate.

What does British citizenship by dual lineage entail?

British citizenship by double descent suggests eligibility for British citizenship through a grandparent.

Your eligibility for British citizenship by double descent via your grandparent hinges on your birthdate, given the changing regulations over time:

If born after 1st January 1983

You might qualify for British citizenship by double descent if:

• Your grandfather was born in the UK and served in the Crown Service when your parents were born, showing a direct lineage to British service.
• You or one of your parents were born in a former British colony, indicating a connection to a previous British territory.
• One of your parents had a mother born in the UK without a British father and was officially registered as a British citizen between 2nd February and 31st December 1982, signifying a specific time window for citizenship acquisition.

If born before 1st January 1983

Eligibility for British citizenship by double descent applies if:

• You or one of your parents were born in a former British territory, emphasising a direct tie to a past British-administered region.
• You or one of your parents were registered as a British citizen, denoting an official acknowledgement of citizenship.
• One of your parents served in the Crown service at the time of your birth, demonstrating a familial connection to the British government or military service.
• Your parents married before 1949, indicating specific conditions where your father’s father had to be born in the UK, emphasising a historical criterion.

If born before 1949

You might be eligible for British citizenship by double descent if:

• Both you and one of your parents were not in a Commonwealth country, and you were born before 1915, highlighting a historical timeframe and location outside the Commonwealth sphere.
• You or one of your parents were born in a former British territory, indicating a direct link to a previous British-administered area.
• You had a grandmother or mother married to a British man before 1949, outlining a specific condition for acquiring citizenship through a maternal lineage and marriage to a British national.

Another pathway to British citizenship: UK Ancestry Visa

The UK Ancestry Visa offers an alternate route to British citizenship. To qualify for an Ancestry Visa, you must have a grandparent who was born:

• In the UK, the Channel Islands, or the Isle of Man.
• Before 31st March 1922 in Ireland.
• On a ship or aircraft registered in the UK or owned by the British government.

The Home Office guidelines specify that you can apply for an Ancestry Visa even if you or your parent were adopted, or if your parents or grandparents were not married. However, applying through step-parents is not possible.

Under an Ancestry Visa, you can reside in the UK for a duration of 5 years. After this period, you have the option to extend your visa or apply for settlement, commonly known as Indefinite Leave to Remain (ILR). Once you have held ILR status for a year, you become eligible to apply for UK citizenship.

What happens after obtaining British citizenship by descent?

Upon acquiring British citizenship by descent, you gain the indefinite right to reside in the UK, enjoying identical rights and privileges as those born in the country. Crucially, you can apply for a British passport by descent, affording you the freedom to travel as a British citizen and return to the UK without constraints. This status enables you to live, work, study, access public funds (e.g. benefits), and utilise NHS services at no charge.

As a British citizen, you’re granted the right of abode, eliminating the need for a visa when entering the UK. There’s no stipulated limit on your stay duration. You can utilise your passport as proof of your right of abode in the UK, or opt for a Certificate of Entitlement. This official document verifies your permanent right of abode in the UK.