Passing citizenship to children if British by Descent

[IMH]

I was born outside the UK in 1968 to my British mother and a non-British father.
My mother is a British citizen – born 1939 in the UK.
I have a Certificate of Registration as Citizen of the United Kingdom and Colonies, dated 1980 and have had a British passport since then.
I believe that makes me British by descent?
I’m currently expecting and my question is, can I pass British nationality on to my child if s/he is born outside the UK?
The father is not British.
I lived in the UK without any significant gaps between 1989 and 1996.
I’ve checked with the IND website (http://www.ind.homeoffice.gov.uk/applyi ... advice/bn4) and I believe I can pass British citizenship on to my child by registering her or him at my nearest Embassy within a year of the birth. As I understand it, s/he will be second generation overseas born, which means s/he can be a British citizen but will not be able to pass on British citizenship unless his or her children are born in the UK or their other parent is British otherwise than by descent?
Sorry, I know that I might have answered my own question, but when I was looking into this for my son (born 2006 in the UK) everything I looked at suggested I could not pass on citizenship, which is why I returned to the UK to have him.
The website I consulted then appears since to have disappeared (http://www.ind.homeoffice.gov.uk/ind/en ... scent.html) so I am wondering whether this was partly because the last one was so misleading, or whether the current one is misleading.
I would be really grateful if someone could confirm that I am correct in thinking that I can pass on citizenship if the baby were born outside the UK.
Many, many thanks for your time!

[JAJ]

I was born outside the UK in 1968 to my British mother and a non-British father.
My mother is a British citizen – born 1939 in the UK.
I have a Certificate of Registration as Citizen of the United Kingdom and Colonies, dated 1980 and have had a British passport since then.
I believe that makes me British by descent?
I’m currently expecting and my question is, can I pass British nationality on to my child if s/he is born outside the UK?
The father is not British.
I lived in the UK without any significant gaps between 1989 and 1996.
I’ve checked with the IND website (http://www.ind.homeoffice.gov.uk/applyi ... advice/bn4) and I believe I can pass British citizenship on to my child by registering her or him at my nearest Embassy within a year of the birth. As I understand it, s/he will be second generation overseas born, which means s/he can be a British citizen but will not be able to pass on British citizenship unless his or her children are born in the UK or their other parent is British otherwise than by descent?
Sorry, I know that I might have answered my own question, but when I was looking into this for my son (born 2006 in the UK) everything I looked at suggested I could not pass on citizenship, which is why I returned to the UK to have him.
The website I consulted then appears since to have disappeared (http://www.ind.homeoffice.gov.uk/ind/en ... scent.html) so I am wondering whether this was partly because the last one was so misleading, or whether the current one is misleading.
I would be really grateful if someone could confirm that I am correct in thinking that I can pass on citizenship if the baby were born outside the UK.
Many, many thanks for your time!

You've understood most of it.

Section 3(2) of the British Nationality Act 1981 allows children born overseas to a British (by descent) parent to be registered as a British citizen by descent provided that:

- the British parent has lived in the U.K. (including Channel Islands and Isle of Man) for a continuous period of 3 years any time before the child is born; and
- the child is second generation born overseas. In other words, the child has a British "otherwise than by descent" grandparent; and
- application is made within 12 months of the child's birth. (subject to certain exceptions).

There are special provisions for cases of statelessness, Crown Service and British Overseas Territories, but that is the general situation.

So as you are British by descent (first generation) you could register your child as British by descent under section 3(2) but that could not be done for the next generation born outside the U.K.

The alternative is to register the child as British under section 3(5) of the 1981 Act, if the child + parents lives in the U.K. for 3 years before age 18. Child would need a settlement visa. Registration under section 3(5) of the Act confers British citizenship otherwise than by descent.

Nationality Instructions are at:
http://www.ind.homeoffice.gov.uk/lawand ... ns/nismenu

Advice leaflets are at:
http://www.ind.homeoffice.gov.uk/applyi ... ty/advice/

[IMH]

Many, many thanks for your response!

[tinux]

I am confused

my friend came to the Uk when he was 2. i was told that his dad never had a british passport (so my guess is that he my friend was naturalised). now he had a daughter in Bangladesh and the baby was given a settlement visa along her mother who was bangladishi aswell after a long appeal.
now he is confused . is his daughter british??????????? can she then apply for british passport??????????? is he a british by desent or otherwise by desent???????? why would they give the baby a settlement visa if he is british ?? the father lived all his 35 years in the UK

[vinny]

If your friend was Naturalised, then he is British "otherwise than by descent".

If he was British "otherwise than by descent" before his daughter was born and he also satisfies the (Chapter 6: General Information, Annex F: Explanation of terms 22.) meaning of "parent", then his daughter would be British by descent (s2(1)(a)).

They probably gave her a settlement visa because she had applied for one.

[tinux]

Thanks that 's what i was telling him not to make the application and simply apply for a B passport but he decided to go for that instead.