Passing down citizenship after/by descent

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porticoSuper Member
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Passing down citizenship after/by descent

Post Tue Sep 20, 2011 11:49 am

For those born outside the UK prior to 1983 to a British born mother that have acquired British citizenship by registration (UKM route) as well as a getting a British passport - the rules state that citizenship cannot be passed down to any child born outside the UK.

So, what avenues or options are open for someone that became British via the UKM route to pass down citizenship to their non UK born child - how is it achieveable, what steps need to be taken?

Anyone knowledgeable or have anything concrete on this?
Disclaimer: I am not an immigration expert & anything that I post on visa & immigration is based soley on more than 30 years of personal experience & interaction with the UKBA & Home office.
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AGNCanuckAbroad VIP
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Re: Passing down citizenship after/by descent

Post Tue Sep 20, 2011 12:30 pm

Just to elaborate, no one who gets UK citizenship by descent can pass on that citizenship. That includes those who got citizenship thru british fathers before or after 1983, etc, not just UKM. That is the distinction of citizenship by descent, rather than citizenship otherwise than by descent (birth, naturalisation, adoption, etc).

the only differnce between UKM and othrs who get citizenship by descent, is that UKM had to go thru the registration->then cermony.

So, for the child of one who has such citizenship, they must move to UK under another visa, live there for the requisite time, and naturalise. Many may qualify for ancestry visa (since they would typivcally have a grandparent who is a UK citizen by birth), particularly if they are commonwealth citizens. If young enough, they could accompany their UK parent and eventually be naturalised. they could marry a UK citizen and enter on a spousal visa.

But other than the possibility of the parent sponsoring them, or getting an ancestry visa, they are subject to the same immigration rules that anyone else in the world.
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AGNCanuckAbroad VIP
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Re: Passing down citizenship after/by descent

Post Tue Sep 20, 2011 12:39 pm

This problem highlights why some who are eligible for citizenship by descent, but who can also immigrate by other means, live in UK and then naturalise, sometimes choose to forego immediate UK citizenship by descent, for the possibility of the "better", transmissable citizenship which comes thru naturalisation.

Oh, and just to put any ideas to rest: Once you accept citizenship by descent (by applying for passport), you cannot "undo" this in favour of future naturalisation.
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porticoSuper Member
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Re: Passing down citizenship after/by descent

Post Tue Sep 20, 2011 2:16 pm

To AGN & VW, many thanks to you both for the informative responses above.

As AGN pointed out once someone gains that citizenship by descent - then there is no-way to pass it down one or two more levels, unless of course if one asked to rennouce British citizenship (& was granted) then starts the process all over again

1. Marry a Brit, take up ILR, stay 5 years then naturalize

2. Apply as a commonwealth citizen with a certificate of entitlement - which may or may not happen - stay 5 years & apply for naturalization.

By rennoucing British citizenship after getting it by descent - then 1 & 2 steps above is not advisable IMO.

Once someone has descent & a Brit passport - keep it, its worth the paper its printed on.

AGN, personally, I have found the British citizenship route by descent to be discriminatory ... male vs female - registration vs naturalization

For my wife her route via UKM was 30++ years of headache & heartaches.

Me being a UK born male, has passed British citizenship down through descent to my two kids, which leaves only one more step before the linkage to British citizenship is broken, unless they [my kids] live in the UK & have UK born children.

Funnily enough, my Canadian born [British citizen] daughter is engaged to a Canadian born who at present has no lineage or rights to the UK or any of EU countries.

He can ride the coat tales of my daughter - apply for a partner visa, then hopefully qualify to granted ILR - enroute to becoming a Brit through the naturalization route. Should they get married [hopefully], live in the UK & have children there - it then provides for two [or is it three] more minimum steps by descent for continued British citizenship by descent
Disclaimer: I am not an immigration expert & anything that I post on visa & immigration is based soley on more than 30 years of personal experience & interaction with the UKBA & Home office.
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agnelsonCanuckAbroad VIP
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Re: Passing down citizenship after/by descent

Post Wed Sep 21, 2011 4:40 am

"AGN, personally, I have found the British citizenship route by descent to be discriminatory ... male vs female - registration vs naturalization"

Indeed the UKM process is discriminatory, due to the extra step of registration and swearing in. I believe there is an EU Human rights case being fought on this.

But as to citizenship by descent, I agree with its principle of one generation. Until recently canada permitted multiple generation cit by descent, but since 2 years now limits it to the one.

If your grandchildren are born in UK, then your greatgrandchilren will be UK citizens (by descent if they are born outside UK). Of course that would be the case regardless of your daughter and her husbands citizenship at the time of birth, as long as the are legally present in UK.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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YVRtoLHRCanuckAbroad Regular
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Re: Passing down citizenship after/by descent

Post Fri Sep 23, 2011 12:06 pm

"...For my wife her route via UKM was 30++ years of headache & heartaches."

Just curious why it was/took 30 YEARS (!!!) for her?!
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porticoSuper Member
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Re: Passing down citizenship after/by descent

Post Fri Sep 23, 2011 12:41 pm

We married mid 60's & at that time her Canadian passport had British subject inside which said 'a Canadian citizen is a British subject'. Then early 70's, then again ilater on the immigration & nationality acts changed - removing the British subject qualification & her right to be British.

In 1979 she/we applied for the British passport for her [on the basis of the nationality act - not knowing it had changed) based on a marriage too me the Brit as well as her mother - we were brushed off & had the old certificate of patriality put in the Canadian passport.

Imagine, she lived as a Canadian in the UK 50's/60's timeframe [not as a Brit & without a visa - we checked her records] for more than 10 years in total, through high school, worked a bit & she still did not qualify or be grandmother'd in. She has an NI number, back paid NI contributions, has a British state pension, but was not considered a real Brit till recently. She/we finally accepted that

In fact our kids were British (passports) before she was & up till now have probably spent less than 6 weeks each one on UK soil.

My wife is the daughter of a Candian war bride - her dad, Canadian born of a British mother.

We documented to death the reasons why - fought tooth & nail forever on this - letters to the home office - nothing, just kept rejecting her

Then in 2010 with the UKM - she bit the bullet [sighed] & paid her $846.66 application fee + $221 consular fee. In September 2010 the home office issued the certificate of registration. Passport in the spring of this year $227, she's done.

At this point in her 60's its all put behind her.

Why she has done it at this late stage of her life - goodness only knows.
Last edited by portico on Fri Sep 23, 2011 12:50 pm, edited 1 time in total.
Disclaimer: I am not an immigration expert & anything that I post on visa & immigration is based soley on more than 30 years of personal experience & interaction with the UKBA & Home office.
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YVRtoLHRCanuckAbroad Regular
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Re: Passing down citizenship after/by descent

Post Fri Sep 23, 2011 12:44 pm

oh my goodness... what a story!!! This is putting my impatience (to date) 3 month UKM wait to absolute SHAME!

Good for her for getting it in the end... peace at last!
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porticoSuper Member
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Re: Passing down citizenship after/by descent

Post Fri Sep 23, 2011 12:48 pm

YVRtoLHR wrote:oh my goodness... what a story!!! This is putting my impatience (to date) 3 month UKM wait to absolute SHAME!

Good for her for getting it in the end... peace at last!



it has happened to lots of people

Betting man here - that you'll get your British registration soon - by the end of this month

We are now fighting for recourse to get a refund of the $846.66 UKM application fee

I shall post on whatever happens there.
Disclaimer: I am not an immigration expert & anything that I post on visa & immigration is based soley on more than 30 years of personal experience & interaction with the UKBA & Home office.
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YVRtoLHRCanuckAbroad Regular
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Joined: 29 Jul 2011
Location: Vancouver, Canada

Re: Passing down citizenship after/by descent

Post Fri Sep 23, 2011 12:54 pm

Oh interesting that you're attempting to get a refund!

My brother who went to work in the UK in 2006 with a Right of Abode, applied via UKM in 2009 when the fee was still $$$, which I believe was waived in November 2010. I didn't know about it being waived until this year at some point, which gave me a further push to go for citizenship myself! I'm hoping you're right about hearing some good news soon. I've been following peoples' timelines for naturalization over at immigrationboards.com (although applying within the UK), seems to take 2-3 months on average. A lot of us calling the HO in Liverpool are getting the same answers... "takes 3-6 months" etc etc. I've only called twice in August, with no real answer except they do have my application. Here's hoping soon...
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