BN4-citizenship of grandchildren born to children by descent

is there at least one more step to passing down citizenship by descent to a grandchilds child born outside the UK?

Help needed from a UK citizenship/visa/legal expert - interpretation & opinion requested

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

thinking out loud ... after reading BN4 along with the accompanying flow chart

Depending when & to which parent children born outside the UK have citizenship by descent, they are unlikely unable/cannot pass down citizenship - ever, more than one more step.

In the case of our youngest daughter born in 1986 who has citizenship by descent from me, her dad, we have been told there is only one step left whereby her child if born outside the UK would be the last one that could have citizenship by descent.

In other words - Our grandchild if born outside the UK would be the last one to have any claim or right to citizenship by descent

However if that child born to our daughter is registered before reaching adulthood, is it likely that child may be able to continue to pass claim to British citizenship down one further step - the way according to BN4

After reading BN4 of the nationality act paragraph 13 & 14 - we understand it that way & as always could be totally wrong.

Is there also a possibility that a child born by descent in the female line can then/also pass that descent down to its child born outside the UK.

From the way I read it, since your daughter has ALWAYS had citizenship by descent (because you were born in UK), it seems that it would be possible for her to register any child she had -- as long as she lived in UK for 3 years, and as long as the child wss less than 18.

So it does involve your daughter living in UK for 3 years at some point, either before or after the child is born (but not when the child is born of course, has tha twould confer pure UK citizenship by birth).

As to the one more step, I do not think so, since the provision applies only to grandparents being UK otherwise than by descent. Your daughters grandchild could not make this claim. You daughter's child can -- because of you.

You know, re-reading the chart does seem to indicate that your greats would be able register.

The difference between your grand and your greats is that your grands could by registered if your daughter spend 3 years in UK before your grands are 18, wile your greats could be registerd if THEY spend 3 years in UK while under 18.

By thw way, sex of the garndparent or parent no longer has any role in this. that went away.

The citizenship & nationality team tend to get it wrong about 50% of the time. I have dealt with a few case workers - some look so surprised, they ask - 'where I find this stuff'. Others more senior know it.

After going the long haul - (too little too late) I/we now know that to do it right when they (the Citizenship/nationality team) refuse, because first, even second inqiries are handled by junior staff, that one must get expert paid for help from a UK based professional (citizenship & visa lawyer) that handles the UKBA/visa/citizenship/nationality folks.

When the citizenship/visa section gets the lawyers letter - it always go to a senior team member at the UKBA/citizenship/nationality section offices.

The cost can be unusually high - however it gets the job done

There are several provisions in the nationality act that allow by descent to continue almost indefinitely

Speaking of descent through the female line like the UKM, the citizenship folks left open the provision for indefinite ancestry (little did they know)

A child that gets it (lets say) by descent through a mother, who then has a child have a few options

1. Register that child before it reaches one-year old
2. Register on the basis that time spent in the UK &/or register the child before adulthood
3. Special requests or circumstances - which is when they take a hard fast look to do it when a lawyer gets involved ... that option is always available

Case in point. My wifes UK born sister married to a Canuck (no ties to the UK) has 3 kids, born between 1974 - 1980. While she was living in Ottawa in 1984 she marched (literally like a stomping norty British school girl) into the British High commission and demanded her Canadian born kids be registered as Brits. 48 hours later - it was done, certificates in hand.

Why you may ask ... well

1. Was it because she lived in Ottawa & worked for the Canadian federal government
2. Because she was so bitchy, she wasn't about to let it go
3. Claimed it was discrimination, that she was going to call the Canadian PMO office & put someting in the newspaper

Further reading in Chapters & sub-sections 4, 6 & 20 of the BNA nationality act- all which is available on line

So there is light at the end of the tunnel for some situations.