What is the status of children of a person who is British by descent?












2















My son, born in Rome, is British by descent.



He has a newborn in China who he wants to register as British. He has been declined a passport for her as you cannot apparently pass on British citizenship to the child of one who is British by descent.










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  • 2





    @Calchas There's clearly a question here — did you read the title?

    – David
    1 hour ago











  • @David Good point, didn't see it. I still vote to close as not a travel question.

    – Calchas
    8 mins ago













  • @Calchas Yes, I agree the question is not strictly about travel. But citizenship is intimately and necessarily connected to one's ability to travel. There's no "citizenship" SE site, and I think this subject is close enough to leave open here.

    – David
    20 secs ago
















2















My son, born in Rome, is British by descent.



He has a newborn in China who he wants to register as British. He has been declined a passport for her as you cannot apparently pass on British citizenship to the child of one who is British by descent.










share|improve this question









New contributor




Adrienne Mccoll is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
















  • 2





    @Calchas There's clearly a question here — did you read the title?

    – David
    1 hour ago











  • @David Good point, didn't see it. I still vote to close as not a travel question.

    – Calchas
    8 mins ago













  • @Calchas Yes, I agree the question is not strictly about travel. But citizenship is intimately and necessarily connected to one's ability to travel. There's no "citizenship" SE site, and I think this subject is close enough to leave open here.

    – David
    20 secs ago














2












2








2








My son, born in Rome, is British by descent.



He has a newborn in China who he wants to register as British. He has been declined a passport for her as you cannot apparently pass on British citizenship to the child of one who is British by descent.










share|improve this question









New contributor




Adrienne Mccoll is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.












My son, born in Rome, is British by descent.



He has a newborn in China who he wants to register as British. He has been declined a passport for her as you cannot apparently pass on British citizenship to the child of one who is British by descent.







passports uk-citizens






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edited 2 hours ago









Giorgio

31.6k964177




31.6k964177






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asked 3 hours ago









Adrienne MccollAdrienne Mccoll

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Check out our Code of Conduct.








  • 2





    @Calchas There's clearly a question here — did you read the title?

    – David
    1 hour ago











  • @David Good point, didn't see it. I still vote to close as not a travel question.

    – Calchas
    8 mins ago













  • @Calchas Yes, I agree the question is not strictly about travel. But citizenship is intimately and necessarily connected to one's ability to travel. There's no "citizenship" SE site, and I think this subject is close enough to leave open here.

    – David
    20 secs ago














  • 2





    @Calchas There's clearly a question here — did you read the title?

    – David
    1 hour ago











  • @David Good point, didn't see it. I still vote to close as not a travel question.

    – Calchas
    8 mins ago













  • @Calchas Yes, I agree the question is not strictly about travel. But citizenship is intimately and necessarily connected to one's ability to travel. There's no "citizenship" SE site, and I think this subject is close enough to leave open here.

    – David
    20 secs ago








2




2





@Calchas There's clearly a question here — did you read the title?

– David
1 hour ago





@Calchas There's clearly a question here — did you read the title?

– David
1 hour ago













@David Good point, didn't see it. I still vote to close as not a travel question.

– Calchas
8 mins ago







@David Good point, didn't see it. I still vote to close as not a travel question.

– Calchas
8 mins ago















@Calchas Yes, I agree the question is not strictly about travel. But citizenship is intimately and necessarily connected to one's ability to travel. There's no "citizenship" SE site, and I think this subject is close enough to leave open here.

– David
20 secs ago





@Calchas Yes, I agree the question is not strictly about travel. But citizenship is intimately and necessarily connected to one's ability to travel. There's no "citizenship" SE site, and I think this subject is close enough to leave open here.

– David
20 secs ago










3 Answers
3






active

oldest

votes


















3














They're correct. British citizens by descent cannot automatically pass British citizenship to a child born abroad. There are limited circumstances in which such a child can be registered as a British citizen while under 18:




  • If your son's parent (the child's grandparent) was a British citizen otherwise than by descent, and your son lived in the UK for some continuous period of 3 years some time in his life before the child's birth, the child can be registered as a British citizen by descent under section 3(2).

  • If your son and his wife and his child have all been living in the UK for the last 3 years, the child can be registered as a British citizen otherwise than by descent under section 3(5).

  • Under special circumstances, the Home Secretary has the power to register any child under 18 as a British citizen under section 3(1). This is usually for children who are already in the UK and have strong connections to the UK.






share|improve this answer
























  • Is it really necessary for the child's non-British parent to be resident with the British parent and the child under 3(5)? That seems odd. Do you know the reason for that requirement?

    – phoog
    3 mins ago



















2














That's absolutely correct. If a person is British citizen by descent, then their children are British citizens not by descent if born in the UK, and not British citizens at all if born outside the UK.



To become British citizen, your son would have to move to the UK with his child and reside there for a long time, then apply to get residency and citizenship like any non-British child might do.






share|improve this answer
























  • This is not quite correct, as there is a mechanism for obtaining citizenship that is available to the child of a citizen by descent that is not available to "any non-British child."

    – phoog
    7 mins ago





















0














You may find this UK government webpage ("Check if you're a British citizen") useful to test your thoughts. It poses questions in order to determine British citizenship.



Better Answers contain actual text and substantive information, so the Answer remains useful if the link disappears. This issue's presentation on the UK website, however, has too many pages and conditions to easily quote.






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    3 Answers
    3






    active

    oldest

    votes








    3 Answers
    3






    active

    oldest

    votes









    active

    oldest

    votes






    active

    oldest

    votes









    3














    They're correct. British citizens by descent cannot automatically pass British citizenship to a child born abroad. There are limited circumstances in which such a child can be registered as a British citizen while under 18:




    • If your son's parent (the child's grandparent) was a British citizen otherwise than by descent, and your son lived in the UK for some continuous period of 3 years some time in his life before the child's birth, the child can be registered as a British citizen by descent under section 3(2).

    • If your son and his wife and his child have all been living in the UK for the last 3 years, the child can be registered as a British citizen otherwise than by descent under section 3(5).

    • Under special circumstances, the Home Secretary has the power to register any child under 18 as a British citizen under section 3(1). This is usually for children who are already in the UK and have strong connections to the UK.






    share|improve this answer
























    • Is it really necessary for the child's non-British parent to be resident with the British parent and the child under 3(5)? That seems odd. Do you know the reason for that requirement?

      – phoog
      3 mins ago
















    3














    They're correct. British citizens by descent cannot automatically pass British citizenship to a child born abroad. There are limited circumstances in which such a child can be registered as a British citizen while under 18:




    • If your son's parent (the child's grandparent) was a British citizen otherwise than by descent, and your son lived in the UK for some continuous period of 3 years some time in his life before the child's birth, the child can be registered as a British citizen by descent under section 3(2).

    • If your son and his wife and his child have all been living in the UK for the last 3 years, the child can be registered as a British citizen otherwise than by descent under section 3(5).

    • Under special circumstances, the Home Secretary has the power to register any child under 18 as a British citizen under section 3(1). This is usually for children who are already in the UK and have strong connections to the UK.






    share|improve this answer
























    • Is it really necessary for the child's non-British parent to be resident with the British parent and the child under 3(5)? That seems odd. Do you know the reason for that requirement?

      – phoog
      3 mins ago














    3












    3








    3







    They're correct. British citizens by descent cannot automatically pass British citizenship to a child born abroad. There are limited circumstances in which such a child can be registered as a British citizen while under 18:




    • If your son's parent (the child's grandparent) was a British citizen otherwise than by descent, and your son lived in the UK for some continuous period of 3 years some time in his life before the child's birth, the child can be registered as a British citizen by descent under section 3(2).

    • If your son and his wife and his child have all been living in the UK for the last 3 years, the child can be registered as a British citizen otherwise than by descent under section 3(5).

    • Under special circumstances, the Home Secretary has the power to register any child under 18 as a British citizen under section 3(1). This is usually for children who are already in the UK and have strong connections to the UK.






    share|improve this answer













    They're correct. British citizens by descent cannot automatically pass British citizenship to a child born abroad. There are limited circumstances in which such a child can be registered as a British citizen while under 18:




    • If your son's parent (the child's grandparent) was a British citizen otherwise than by descent, and your son lived in the UK for some continuous period of 3 years some time in his life before the child's birth, the child can be registered as a British citizen by descent under section 3(2).

    • If your son and his wife and his child have all been living in the UK for the last 3 years, the child can be registered as a British citizen otherwise than by descent under section 3(5).

    • Under special circumstances, the Home Secretary has the power to register any child under 18 as a British citizen under section 3(1). This is usually for children who are already in the UK and have strong connections to the UK.







    share|improve this answer












    share|improve this answer



    share|improve this answer










    answered 1 hour ago









    user102008user102008

    11.1k12251




    11.1k12251













    • Is it really necessary for the child's non-British parent to be resident with the British parent and the child under 3(5)? That seems odd. Do you know the reason for that requirement?

      – phoog
      3 mins ago



















    • Is it really necessary for the child's non-British parent to be resident with the British parent and the child under 3(5)? That seems odd. Do you know the reason for that requirement?

      – phoog
      3 mins ago

















    Is it really necessary for the child's non-British parent to be resident with the British parent and the child under 3(5)? That seems odd. Do you know the reason for that requirement?

    – phoog
    3 mins ago





    Is it really necessary for the child's non-British parent to be resident with the British parent and the child under 3(5)? That seems odd. Do you know the reason for that requirement?

    – phoog
    3 mins ago













    2














    That's absolutely correct. If a person is British citizen by descent, then their children are British citizens not by descent if born in the UK, and not British citizens at all if born outside the UK.



    To become British citizen, your son would have to move to the UK with his child and reside there for a long time, then apply to get residency and citizenship like any non-British child might do.






    share|improve this answer
























    • This is not quite correct, as there is a mechanism for obtaining citizenship that is available to the child of a citizen by descent that is not available to "any non-British child."

      – phoog
      7 mins ago


















    2














    That's absolutely correct. If a person is British citizen by descent, then their children are British citizens not by descent if born in the UK, and not British citizens at all if born outside the UK.



    To become British citizen, your son would have to move to the UK with his child and reside there for a long time, then apply to get residency and citizenship like any non-British child might do.






    share|improve this answer
























    • This is not quite correct, as there is a mechanism for obtaining citizenship that is available to the child of a citizen by descent that is not available to "any non-British child."

      – phoog
      7 mins ago
















    2












    2








    2







    That's absolutely correct. If a person is British citizen by descent, then their children are British citizens not by descent if born in the UK, and not British citizens at all if born outside the UK.



    To become British citizen, your son would have to move to the UK with his child and reside there for a long time, then apply to get residency and citizenship like any non-British child might do.






    share|improve this answer













    That's absolutely correct. If a person is British citizen by descent, then their children are British citizens not by descent if born in the UK, and not British citizens at all if born outside the UK.



    To become British citizen, your son would have to move to the UK with his child and reside there for a long time, then apply to get residency and citizenship like any non-British child might do.







    share|improve this answer












    share|improve this answer



    share|improve this answer










    answered 3 hours ago









    gnasher729gnasher729

    2,471816




    2,471816













    • This is not quite correct, as there is a mechanism for obtaining citizenship that is available to the child of a citizen by descent that is not available to "any non-British child."

      – phoog
      7 mins ago





















    • This is not quite correct, as there is a mechanism for obtaining citizenship that is available to the child of a citizen by descent that is not available to "any non-British child."

      – phoog
      7 mins ago



















    This is not quite correct, as there is a mechanism for obtaining citizenship that is available to the child of a citizen by descent that is not available to "any non-British child."

    – phoog
    7 mins ago







    This is not quite correct, as there is a mechanism for obtaining citizenship that is available to the child of a citizen by descent that is not available to "any non-British child."

    – phoog
    7 mins ago













    0














    You may find this UK government webpage ("Check if you're a British citizen") useful to test your thoughts. It poses questions in order to determine British citizenship.



    Better Answers contain actual text and substantive information, so the Answer remains useful if the link disappears. This issue's presentation on the UK website, however, has too many pages and conditions to easily quote.






    share|improve this answer




























      0














      You may find this UK government webpage ("Check if you're a British citizen") useful to test your thoughts. It poses questions in order to determine British citizenship.



      Better Answers contain actual text and substantive information, so the Answer remains useful if the link disappears. This issue's presentation on the UK website, however, has too many pages and conditions to easily quote.






      share|improve this answer


























        0












        0








        0







        You may find this UK government webpage ("Check if you're a British citizen") useful to test your thoughts. It poses questions in order to determine British citizenship.



        Better Answers contain actual text and substantive information, so the Answer remains useful if the link disappears. This issue's presentation on the UK website, however, has too many pages and conditions to easily quote.






        share|improve this answer













        You may find this UK government webpage ("Check if you're a British citizen") useful to test your thoughts. It poses questions in order to determine British citizenship.



        Better Answers contain actual text and substantive information, so the Answer remains useful if the link disappears. This issue's presentation on the UK website, however, has too many pages and conditions to easily quote.







        share|improve this answer












        share|improve this answer



        share|improve this answer










        answered 1 hour ago









        DavidDavid

        2,3542419




        2,3542419






















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