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Just a Sunday question

Posted: Sun Nov 30, 2014 9:27 am
by simply_the_best
Maybe is silly to ask but I ve got a question that is playing on my mind for a while. Is it any difference between born British citizens and naturalised British citizens or we are 100% the same??? Thanks in advance for your kind reply

Re: Just a Sunday question

Posted: Sun Nov 30, 2014 9:59 am
by vinny
No difference, as far as I could tell, if the born British citizen was born in the UK.

Note that a naturalised British citizen may use the naturalisation certificate as proof of nationality. People who automatically acquire British citizenship may need more documents in addition to the birth certificate, or British passport, to prove British nationality.

There is a difference between being British "otherwise than by descent" and British "by descent". Born British citizens (born in the UK) and naturalised British citizens are in the former group. The latter group cannot generally automatically pass on British citizenship to their children born outside the UK.

Re: Just a Sunday question

Posted: Sun Nov 30, 2014 1:07 pm
by simply_the_best
Thanks Vinny for your quick replied.

Re: Just a Sunday question

Posted: Sun Nov 30, 2014 1:27 pm
by Wanderer
There is a sort of difference, as British Born Citizens are usually English, Scots or Welsh, etc, and also British. Naturalised Citizens can't identify themselves like that, not that it really matters.

Re: Just a Sunday question

Posted: Sun Nov 30, 2014 1:39 pm
by vinny
Agree. I think that having different nationalities in the world may make some people forget that we are all humans.

Re: Just a Sunday question

Posted: Sun Nov 30, 2014 9:11 pm
by simply_the_best
So if you are naturalised British and then countries like Scotland quit Britain what would you be ??

Re: Just a Sunday question

Posted: Sun Nov 30, 2014 10:35 pm
by Maxwell
vinny wrote:No difference, as far as I could tell, if the born British citizen was born in the UK.

Note that a naturalised British citizen may use the naturalisation certificate as proof of nationality. People who automatically acquire British citizenship may need more documents in addition to the birth certificate, or British passport, to prove British nationality.

There is a difference between being British "otherwise than by descent" and British "by descent". Born British citizens (born in the UK) and naturalised British citizens are in the former group. The latter group cannot generally automatically pass on British citizenship to their children born outside the UK.
If we don't have children yet, we naturalise now, me and my wife. Then we decide to live in another country. We have children born in another country, will they be able to get British citizenship automatically, well after simple passport application, I mean, right? They don't have to be born in UK to become British because we will be British, even if we were "naturalised", correct?

Re: Just a Sunday question

Posted: Sun Nov 30, 2014 10:42 pm
by LilyLalilu
@Maxwell, if you are a naturalised Briton your children will be automatically British by birth even if born abroad. However, they will be 'British by descent' which means they will not be able to pass their citizenship to any children born abroad.

Re: Just a Sunday question

Posted: Sun Nov 30, 2014 10:54 pm
by Maxwell
Thanks for fast reply! :) For those who are British by descent, how to pass citizenship to children? If their children are born in UK then they will become British too? Just curious. Thank you :D

Re: Just a Sunday question

Posted: Sun Nov 30, 2014 11:01 pm
by LilyLalilu
Hi, yes, if their children are born in the UK they are automatically British.
I think there is also another provision (but I am not sure, would have to read up on it) that if the children are born abroad but if the parent has lived in the UK for a certain number of years then the children can be registered as British....but don't quote me on that one :)

Re: Just a Sunday question

Posted: Sun Nov 30, 2014 11:03 pm
by vinny
If their children were born in the UK, then Yes. Else, via registration.

Re: Just a Sunday question

Posted: Sun Nov 30, 2014 11:05 pm
by Maxwell
Thanks Vinny and Lily! :D Thank you :)

Re: Just a Sunday question

Posted: Tue Dec 02, 2014 3:26 pm
by secret.simon
Under section 40 of the British Nationality Act 1981 (as amended), an order to deprive a person of their British citizenship can be made if the Home Secretary is satisfied that:
  • it would be conducive to the public good to deprive the person of their British citizenship status and to do so would not render them stateless; or
  • the person obtained their citizenship status through naturalisation, and it would be conducive to the public good to deprive them of their status because they have engaged in conduct “seriously prejudicial” to the UK’s vital interests, and the Home Secretary has reasonable grounds to believe that they could acquire another nationality; or
  • the person acquired their citizenship status through naturalisation or registration, and it was obtained by means of fraud, false representation or concealment of any material fact.
In the second and third scenarios, a person may be deprived of their British citizenship even if this would leave them stateless. “Conducive to the public good” means depriving in the public interest on the grounds of involvement in terrorism, espionage, serious organised crime, war crimes or unacceptable behaviours.

Source: http://www.parliament.uk/briefing-papers/sn06820.pdf

Also see http://www.thebureauinvestigates.com/20 ... am-nobody/

The first point applies primarily to people with multiple nationality/citizenship (citizens or nationals of two or more countries) as depriving them of British citizenship would not render them stateless.

The (UK) Home Office considers Overseas Citizenship of India (OCI) as conferring dual citizenship (Section 7.5, Annex H, Chapter 14 of the Nationality Instructions https://www.gov.uk/government/uploads/s ... annexh.pdf) and its holders can be deprived of British citizenship.

The UK Supreme Court is currently hearing a case (https://www.supremecourt.uk/cases/uksc-2013-0150.html) that looks at the effects of depriving a dual citizen of his British citizenship, while the other state of which he is deemed to be a citizen does not recognise him as a citizen.

From what I understand, natural-born non-dual British citizens can not be deprived of their citizenship under international law. However, the law on that is unclear at the moment as is the EU law on such deprivation of citizenship or EU citizenship.