British Citizenship by Descent

British citizenship by descent means a person born outside the UK can get UK citizenship if one or both of their parents are British citizens.

Key Takeaways

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A person born outside the UK may be eligible for British citizenship if at least one parent is a British citizen. The rules depend on the applicant's birth and their parent's citizenship status.

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If you were born on or after 1 July 2006 and have a British parent, you may automatically be a citizen. The rules are more complex for those born before this date, and eligibility may depend on additional factors such as parental marriage or residence.

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British citizenship by descent cannot automatically be passed to children born outside the UK. Each generation born abroad must apply for citizenship under specific circumstances.

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Applicants must provide detailed documentation, including birth certificates and proof of parentage. Processing times can take up to 6 months, and fees vary depending on the applicant's circumstances.

Table of contents

What is British Citizenship by Descent?

There are several pathways to British citizenship, including birth, marriage, naturalisation and citizenship by descent.

If you have a British parent, obtaining British citizenship by descent may be possible, but it also depends on your parents' circumstances and when and where you were born. British citizens enjoy privileges like holding a British passport and participating in elections.

While you may automatically become a citizen if you’re born outside the UK to a British parent, this citizenship does not automatically extend to your children if they are also born outside the UK.

The rules around British citizenship are complex, and the regulations related to citizenship by descent are outlined in several different acts:

History

British citizenship by descent is complex due to historical changes in British nationality law, particularly concerning rules about legitimacy, patrilineal descent, and generational eligibility. Factors such as the laws in place at the time of birth, the nationality of parents, and whether the birth was registered all impact a person's right to British citizenship by descent.

The intricacies of British imperial history, the transition from subject to citizen, the status of former British colonies, and shifts in gender-based transmission add further complexity to British nationality law.

Definition of a Parent

The claim to British citizenship is made through your parents, either your mother or father. The definition of "parent" is set out in Section 50(9) of the British Nationality Act 1981, which can be summarised as follows:

  • A child's mother is the woman who gives birth to them.
  • A child's father is:
    • The husband or male civil partner of the woman who gives birth, at the time of birth.
    • A person recognised as the father or parent under specific sections of the Human Fertilisation and Embryology Acts (1990 and 2008).
    • If none of these apply, the father is someone who can prove paternity according to specific rules set by the Secretary of State.

Additional details, such as rules for proof of paternity, are set out in regulations that can vary depending on circumstances and must be made into law through statutory instruments.

Eligibility Criteria

Determining eligibility for British citizenship by descent involves a thorough understanding of the nationality of your parents and the circumstances of your birth. The British Nationality Act 1981 outlines the statutory requirements, which are influenced by the parent's immigration status and the child’s residency.

Eligibility for British citizenship also depends on when you were born. The key dates are:

  • On or after 1 July 2006
  • Between 1983 and June 2006
  • Before 1983

Born On or After 1 July 2006

Automatic Citizen

If you were born on or after 1 July 2006 and have a British parent, you may automatically be a British citizen if your parent could pass on their citizenship. Your parents could pass the citizenship to you if they were

  • Born or adopted in the UK.
  • Became a British citizen by applying on their own
  • Working as a Crown servant when you were born (e.g. in the diplomatic service)

If your father was British but your mother was married to someone else, you may not automatically qualify for citizenship, but you could still apply for it.

Not Automatic Citizen

If you're not automatically a British citizen, you may still be eligible to apply for citizenship if certain conditions apply. These include living in the UK with your parents, having a British parent who lived in the UK before you were born, being adopted outside the UK, or having a British father while your mother was married to someone else at the time of your birth.

If you’re under 18 and have lived in the UK with your British parent for at least three years, or if your British parent lived in the UK for three years before your birth, you may qualify to apply. Specific requirements include time spent in the UK and parental consent if your parents are divorced.

Born Between 1983 & June 2006

Automatic Citizen

If you were born between 1 January 1983 and 30 June 2006, you will automatically be a British citizen if you were born outside the UK and all of the following apply:

  • Your mother or father was a British citizen at the time of your birth.
  • If only your father were British, your parents must have been married when you were born.
  • Your British parent could pass on their citizenship to you.

Your parent could pass on citizenship if they were:

  • Born or adopted in the UK.
  • Became a British citizen by applying on their own.
  • Working as a Crown servant when you were born (e.g. in the diplomatic service).

Not Automatic Citizen

If your British father wasn’t married to your mother at the time of your birth, you may still be eligible to apply for citizenship if your father was:

  • Born or adopted in the UK.
  • Became a British citizen by applying on his own.
  • Working as a Crown servant when you were born.

Born Before 1983

Automatic Citizen

If you were born outside the UK before 1983, you may automatically be a British citizen if your father:

  • Was British when you were born.
  • Was a citizen of the United Kingdom and Colonies, married to your mother, and able to pass on his citizenship to you.

Your father could pass on citizenship if he was:

  • Born or adopted in the UK.
  • Became a British citizen by applying on his own.
  • Working as a Crown servant when you were born (e.g. in the diplomatic service).

Your British parent must have been a citizen of the United Kingdom and Colonies when you were born and either:

  • Born or adopted in the UK.
  • Became a British citizen by applying on their own.
  • Working as a Crown servant when you were born.

Children by Descent for Children

If you qualify for citizenship, your children won’t automatically be British if they’re born outside the scenarios where you were:

  • Born on/After 1 July 2006
  • Born between 1983 & June 2006
  • Born before 1 January 1983

Adopted Children

If a child was adopted by a British citizen, or in some cases a British Subject of the UK and Colonies (BSUKC) or British Dependent Territories Citizen (BDTC), the child may be able to acquire British citizenship through adoption. However, the rules vary depending on the date and location of the adoption and the legal status of the adoptive parents.

  • Post-1983 Adoptions (British Nationality Act 1981)
    • Children adopted after 1 January 1983 in the UK or certain British overseas territories can qualify for British citizenship if at least one adoptive parent was a British citizen at the time of the adoption.
    • For adoptions under the Hague Convention after 1 June 2003, the adoptive parents must have been habitually resident in the UK or a British overseas territory at the time of the adoption.
    • Surrogacy arrangements also grant citizenship under parental orders if made in a UK court after 6 April 2010.
  • Pre-1983 Adoptions (BSUKC/BDTC)
    • If the adoption occurred before 1 January 1983, a child may qualify for British citizenship if a BSUKC or BDTC parent adopted them in a UK or overseas court.
    • Adoptions before this date follow the rules of the British Nationality Act 1948, and a child may have British citizenship if their adoptive parents had the right of abode under the Immigration Act 1971.
  • Adoption under the Hague Convention
    • Adoptions under the Hague Convention (from 1 June 2003) require an Article 23 certificate, which verifies compliance with the Convention's rules.
    • Habitual residence of adoptive parents is crucial for citizenship when the adoption occurs overseas.

Automatic citizenship through adoption is generally granted when the adoption occurs in the UK or a qualifying territory with at least one adoptive parent being a British citizen. However, citizenship is not automatic for overseas adoptions or cases involving non-British parents.

Required Documentation

To apply for British citizenship by descent, you must provide evidence proving your lineage to a British citizen. The required documents may vary depending on your birthdate and circumstances, but generally include:

  • Passport
  • Full birth certificate (showing parents' names)
  • Translations of any documents, if applicable

Applying via Form UKM

  • Mother’s full birth certificate.
  • Mother’s certificate of naturalisation, registration, adoption papers, or expired UK passport (if relevant).
  • Marriage certificates (if applicant's or mother’s family name has changed).
  • Evidence of mother's UK residency or right of abode (if born before 1983).
  • Mother’s parents' birth and marriage certificates (if citizenship is derived from her parent’s status).

Applying via Form UKF

  • Father’s full birth certificate or naturalisation/registration papers.
  • Father’s UK passport shows the status before the applicant's birth.
  • Proof of paternity, such as a DNA test or court order, if born before 2015.
  • Evidence that the father was settled in the UK (if applicable).
  • Consent from all those with parental responsibility (if the applicant is under 18).

Applying via Form MN1

  • Child’s passport or travel document.
  • Parents’ birth and marriage certificates (if applicable).
  • British grandparent’s birth, registration, or naturalisation certificate (if required).
  • Adoption-related documents (if the child was adopted), including:
    • Adoption order.
    • A report detailing the child’s history and parentage.
    • Evidence of compliance with adoption laws.
  • Evidence of residence (e.g., passport of entry to the UK, proof of living in the UK for a period of 3 years).
  • Guardian evidence (if a guardian makes an application).

Referees

Referees must support British citizenship through naturalisation applications. The requirements differ depending on whether you are applying for a child or as an adult. In all cases, there are general requirements: referees cannot be related to the applicant, must have known the applicant for at least 3 years, and must not have any recent criminal convictions. These rules apply to both adult and child applications.

For Adults

  • One referee can be of any nationality but must be a professional person.
  • The other referee must hold a British passport and be either a professional or over 25 years old.

For Children

  • At least one of the referees must have dealt with the child professionally, such as a teacher, doctor, health visitor, or social worker.
  • Suppose the child cannot provide a referee in a professional capacity, and there is evidence of attempts to do so. In that case, two referees who meet the criteria for adult applications can be accepted.

Processing Times

Citizenship applications are typically processed within 6 months from the date your application is received.

Application Fees

The fee for applying for British citizenship by descent depends on your circumstances:

Born On/After 1 July 2006

The application fee is £1,214. You may be eligible for a fee waiver if you're under 18 and cannot afford the fee.

Born between 1983 and June 2006

You will need to pay £130 to attend a citizenship ceremony.

Born before 1983

You will need to pay £130 to attend a citizenship ceremony.

How to Apply for British Citizenship by Descent

The application process for British citizenship by descent will be different depending on when you were born.

  1. Confirm Eligibility:
    • Born on or after 1 July 2006: Review the Form MN1 guidance.
    • Born between 1983 and June 2006: Review the Form UKF guidance.
    • Born before 1983: Determine the relevant form based on whether you are applying through your father (Form UKF) or mother (Form UKM), who is British.
  2. Gather Documents and References: Collect all required documentation and obtain references.
  3. Complete the Application and Pay the Fee:
    • For those born on or after 1 July 2006, complete Form MN1.
    • For those born between 1983 and June 2006, complete Form UKF.
    • For those born before 1983, complete either Form UKF (for the father) or Form UKM (for the mother).
  4. Biometrics: Book an appointment at a UKVCAS service point to provide your biometric data (fingerprints and photos).
  5. Await the Decision.

Citizenship Ceremonies: Adults vs. Children

Both adults and children who successfully apply for British citizenship by descent are invited to attend a citizenship ceremony. During the ceremony, they’ll swear an Oath of Allegiance to the King and pledge loyalty to the UK, marking the official point at which they become British citizens.

For Adults

  • Taking the Oath and Pledge is a legal requirement.
  • The ceremony must be attended within 3 months of the invitation, or the application could be refused.

For Children

  • Children under 18 do not need to take the Oath and Pledge unless they turn 18 before their application is decided.
  • If they don't speak English, an interpreter can assist them during the ceremony.
  • The ceremony is tailored to make children feel welcome, with local dignitaries or celebrities participating.

For both adults and children, the ceremony is a celebratory event, but adults are subject to stricter legal requirements.

After Obtaining Citizenship by Descent

Once you become a British citizen, you cannot use your BRP, digital status, or citizenship certificate to enter the UK. For travel, you must apply for a British passport or a certificate of entitlement to the right of abode, which can be added to your foreign passport.

Dual Citizenship Considerations

Dual citizenship refers to holding citizenship from two or more countries. UK citizens can have dual nationality, allowing them to retain citizenship from another country without renouncing their British citizenship. This status grants access to rights and privileges in both countries, such as the ability to work, live, and vote.

However, dual citizens must comply with the laws of both countries, which can sometimes create challenges. The Master Nationality Rule means the UK government is not obligated to provide diplomatic assistance to dual citizens in the country of their other nationality. Additionally, dual citizens may face double taxation.

Some nations do not allow dual citizenship, which may result in the loss of original citizenship when acquiring British citizenship. For those who acquire British citizenship by descent, this status cannot be passed to their children if they are born outside the UK.

Get Help With British Citizenship by Descent

Getting help with British citizenship by descent can make the process much smoother and increase your chances of success. Eligibility depends on factors like when you were born and your parents' citizenship status, with specific rules for those born before or after 1983. Gathering the right documentation, such as birth certificates and proof of parentage, is crucial, and errors can lead to delays or rejection.

QC Immigration has a team of experienced immigration lawyers who can guide you through the process, ensuring your application is accurate and complete. We deliver a comprehensive immigration advice service, can help with more complex cases, such as children born abroad or adopted, and handle any challenges. With expert advice, you can navigate the process confidently and avoid common mistakes, making it much easier to secure British citizenship.

FAQ

How can I apply for British citizenship by double descent?

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How long does it take to receive a decision on a British citizenship application?

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Author

Ninder Jhita

Ninder Jhita

Senior Associate

Ninder has practised Immigration Law on thousands of cases for nearly two decades. She has worked in China, India, United Arab Emirates, Bangladesh and the UK, with experience from the both the public and private sectors. She worked as an Entry Clearance Officer for UK Immigration and Visas making decisions across all Visa categories including Visits, Settlement and Points-based System applications. She has brought this wealth of experience into the private sector where she has held a variety of positions including managing her own Immigration Department.

Ninder spends time in Dubai advising our international clients. She has a proven track record of success with Sponsor Licence applications, Global Talent Visa and Creative Worker applications from world renowned artists in the Entertainment Industry. She has been commended for providing exceptional service with integrity and professionalism.