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Eera

Is my son "British"?

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I'm trying to figure out if my son (born in QLD) is eligable for British citizenship by descent. Here's the situation:

 

I was born in 1976, in Queensland, to an Australian mother and a British father.

In 1978 we moved to the UK

In 1986 I got an Australian passport

In 1988 I got a British passport, dad said he "filled in a form and got one"

 

I've never been naturalised in the UK as far as I know, my passport states I have full residency rights etc.

 

So. Am I a citizen by descent myself, which means me son is not eligable, or does that not apply for birth prior to 1982? The passport page has a list of situations for an application for my son, the nearest being "born outside the UK to a mother naturalised to the UK" but that asks for a naturalisation certificate. They have no checklist for "born outside the UK to a mother and father born outside the UK who has got a passport through some mysterious means"

 

Confused...

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Hi Eera,

It doesn't sound like your son is a British Citizen.

British Citizenship only descends one generation, so a child born overseas of a British Citizen can be a British Citizen by Descent. Where this happens you don't need to apply for it, you just have it by entitlement and can apply for a passport and show the supporting documentation.

 

Refer to this site for more information...

 

UK Border Agency | British citizenship


I want it all, and I want it now.

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Thanks for that reference. Poking around it they do have a page which looks like it suits me (assuming I'm by descent which I'm not entirely sure I am, but nevermind)

 

Basically, a child born overseas after 2002 to a parent who is British by descent, but who themselves has a full blood parent, and who lived in the UK continuously for 3 years prior to childs birth is eligable themselves for citizenship by descent.

 

So you can can pass on to another generation under a very specific set of circumstances, all of which seem to fit.

 

Cheers

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Its also worth looking at the Naturalisation sections and considering whether to get him Naturalised as a British Citizen rather than applying for British Citizenship by Descent.

 

The advantage then is that in the future his own children would be citizens by descent if born overseas.

Although if you have no plans to live in the UK this option may not be appropriate, but worth understanding the option.


I want it all, and I want it now.

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Sorry to hijack, but it got me thinking.....

 

I have an adopted daughter, who has British Citizenship because we adopted her.....

 

She was born in Cambodia.

 

When she has children (very long time - she's only 8 LOL) would they be eligible for British citizenship?

 

Love

 

Rudi

x


 

 

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Sorry to hijack, but it got me thinking.....

 

I have an adopted daughter, who has British Citizenship because we adopted her.....

 

She was born in Cambodia.

 

When she has children (very long time - she's only 8 LOL) would they be eligible for British citizenship?

 

Love

 

Rudi

x

 

If she has her children in the UK they will be British Citizens by birth.

 

Otherwise, possibly not. Does your daughter have any other citizenship such as Cambodia.

There are various rules depending on the circumstances. Just arrange for her to have her kids in the UK and then all sorted.:biggrin:


I want it all, and I want it now.

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If she has her children in the UK they will be British Citizens by birth.

 

Otherwise, possibly not. Does your daughter have any other citizenship such as Cambodia.

There are various rules depending on the circumstances. Just arrange for her to have her kids in the UK and then all sorted.:biggrin:

 

Yes, she also has Cambodian citizenship and Australian citizenship!

 

HMMM, interesting that my biological daughters would not have this problem if they had their children here in Australia. I thought adoption gave my daughter the same rights as her sisters....... but seemingly not :mad:

 

Love

 

Rudi

x


 

 

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Yes, she also has Cambodian citizenship and Australian citizenship!

 

HMMM, interesting that my biological daughters would not have this problem if they had their children here in Australia. I thought adoption gave my daughter the same rights as her sisters....... but seemingly not :mad:

 

Love

 

Rudi

x

 

Rudi, I'm not absolutely sure on this scenario. Have a look through the link I provided and it should cover it somewhere.


I want it all, and I want it now.

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