Citizenship for Kids when Father has Citizenship by Descent

Hi all,

We're  looking to move to the UK this next year. Husband has citizenship by descent through his mom. We have job & income requirements  pretty well worked out.

So I'm really eager to get our kids citizenship, but the rules  aren't  what I thought they were! Can I get some help?

Do the kids, 5 & 8, need to wait 5 years under the current  law?
Do I need citizenship  for them to get it?
Do they need to be naturalized, or will they register?

Thanks in advance!

When you apply for citizenship after you have ILR, you will apply on behalf of your children at the same time.  Essentially they will be registered as British at the time you become British (if done prior to their 18 birthdays).

The kids will have to wait until YOU qualify to pass citizenship (5 years) as they cannot become citizens based on their father.

Unfortunately it will be a long and VERY expensive process (especially considering the new NHS levy).  But it can be done.   

The kids will have to wait until YOU qualify to pass citizenship (5 years) as they cannot become citizens based on their father.

I just saw that, and I could cry. I'm not sure I want UK citizenship. I just want it for the kids.

Okay, wait, I just found we might be able to register our kids as citizens! (Also, I think I need a professional to help with this. I really don't want to mess this up!)

According to this PDF about registering children under 18:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/417568/mn1_guide_mar_2015.pdf


3 (2) says if the parent with CbD lived in the UK for 3 years before having kids (which DH did) the kids can get CbD

3 (5) says we all need to live there for 3 years and the kids will get full citizenship

Hi! I am in the EXACT same situation. I am hoping that due to how old this post is, that maybe you've been through and are on the other side of this mess. Husband spent his childhood in England and moved back to the US when he was 12-13 years old. I have found the same "loophole" or "way in" and am wondering if this was successful for you. It seems as if this is the way to go. Hubby applied for his British passport today after consulting with the UK Passport office who advised he was good to go. Help! We are looking to move April 2016.

Hi! I am in the EXACT same situation. I am hoping that due to how old this post is, that maybe you've been through and are on the other side of this mess. Husband spent his childhood in England and moved back to the US when he was 12-13 years old. I have found the same "loophole" or "way in" and am wondering if this was successful for you. It seems as if this is the way to go. Hubby applied for his British passport today after consulting with the UK Passport office who advised he was good to go. Help! We are looking to move April 2016.

It's not a loophole but it's something that is allowed if their British citizen by descent parent spent 3 years in the UK before the children were born and if the children are still minors.

http://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/moving-back-uk-non-british-citizen-children-862049/

That link to another forum gives the relevant part of the Acts, but it is worth noting what is said that the children will be British citizens by descent, which means if they have children born abroad they they won't be allowed to register as British citizens.

Link shamelessly copied for future reference with thanks to that poster and which raindayrun also mentioned.

British Nationality Act 1981
Acquisition by registration: minors.
under 3 (2)
http://www.legislation.gov.uk/ukpga/1981/61/section/3


That person also said that if the British citizen by descent parent sponsors their children and they enter the UK on visas, after 3 years they can be registered as British citizens otherwise than by descent. 3 (5) of that same link. Any of their children born abroad (your grandchildren) will then be born British citizens by descent. I assume your children will still have to be minors when registed for this???

It's all under present laws of course.

Once a person is British citizen by descent, they can't change/upgrade to British citizen otherwise than by descent.



I'm not sure anyone on here can help and you may do better asking on that Brit ex pat community as they seem to know.