Immigrationboards.com

Just looking for some guidance on the type of naturalisation application for U18 children born outside of the UK to British father, I was born outside of the UK but have British citizenship by virtue of registration (?) So not really sure whether my citizenship can pass to descendants, and a non British Mother.

My Wife has held ILR and lived in the UK since 2008
Children have held ILR since 2008 and remained in the UK

My father is a British citizen via Section 12(3) of the British Nationality Act 1948
His father was born in the UK, by my reckoning this negates any 'by descent' application and I should be persuing a British Nationality Act 1981 section 3(1) application?

My wife and children are all applying for naturalisation however I'm not sure which route for the kids would be applicable (although I suspect a Section 3(1) ) and was wondering if anyone would care to comment or advise on whether my citizenship can be passed to my children.


Thanks in advance!...

If your children were born after you became British then they are British by descent, you can simply apply for their Passport.

Thanks fwd079

Just to clarify, the last paternal birth inside the UK would be my Grandfather, making my kids the 3rd generation born outside of the UK. I just cant figure out whether there are any conditions that either allow or negate transfer of citizenship to my kids based on how I became a citizen.?

Fwd079 it depends whether the father was British otherwise than by descent or not, as the children were born outside the UK.

If the father is British by descent children born outside the UK would not be automatically British. However, as the family has lived in the UK, for 3 + years, the children under 18 would be entitled to be registered as British under section 3(5) subject to the good character requirement. Such registration would make the children British otherwise than by descent. That's if they are not automatically British. The OP may wish to confirm his nationality, I.e. British by descent or not before continuing.

Amber wrote:Fwd079 it depends whether the father was British otherwise than by descent or not, as the children were born outside the UK.

Quite right indeed, thanks for guidance.
Father told he was born outside UK as per his quote:

I was born outside of the UK but have British citizenship by virtue of registration (?) So not really sure whether my citizenship can pass to descendants, and a non British Mother.

And he just clarified:

Just to clarify, the last paternal birth inside the UK would be my Grandfather,

His father wasn't born in UK, he wasn't born in UK rather registered as a British, suggest coronat should click here and check the nature of his British Nationality first.

Thanks Amber
This is the issue that I have at the moment I'm not sure how to classify my citizenship although I would think that logic dictates I would be more likely to have obtained citizenship by virtue of descent. I am also not sure how to have my status assessed but will check your supplied link.

Thanks

After checking I get two results citizen and non citizen;
3 Were you a UK and Colonies citizen on 31 December 1982 with right of abode in the UK?
answer no = non citizen
Answer yes= citizen

I held a British passport with a status of 'British Citizen' at this time which I assume means I had right of abode however interpretation of UK and Colonies citizen seems a bit subjective hence the test with a No response to this question.