British Father, non-British Mother, Son born in the UK....

[kenaness]

Hi All,

I am a British National (by descent, I was born in Syria), been living in the UK since October 2011.

My wife is a Syrian National (she is currently NOT settled in the UK, been taking care of her sick father who sadly passed away on the 5th of this month).

Our son was born in London a few days back and as per this link from the UK government:

https://www.gov.uk/register-british-cit ... after-1983

he should be a British citizen automatically since I am British and he was born IN the UK.

I called the passport office to inquire and they shockingly told me that he is NOT a British citizen because I was born outside the UK and am British by descent and I can't pass my citizenship on to him. I know this is true IF the child is born OUTSIDE the UK. They told me to contact the Home Office.

They claimed that since my MOTHER was born outside the UK (she was naturalised when she was a baby in the 1950's)

I also have this link:

http://www.workpermit.com/uk/citizenshi ... y_descent/

which also supports my claim.

My friend (who's an immigration lawyer) was also shocked and has promised to look into.

Does anyone know of this situation?

Thanks.

[noajthan]

Hi All,

I am a British National (by descent, I was born in Syria), been living in the UK since October 2011.
My wife is a Syrian National (she is currently NOT settled in the UK, been taking care of her sick father who sadly passed away on the 5th of this month).

Our son was born in London a few days back and as per this link from the UK government:
https://www.gov.uk/register-british-cit ... after-1983
he should be a British citizen automatically since I am British and he was born IN the UK.

I called the passport office to inquire and they shockingly told me that he is NOT a British citizen because I was born outside the UK and am British by descent and I can't pass my citizenship on to him. I know this is true IF the child is born OUTSIDE the UK. They told me to contact the Home Office.

...

My friend (who's an immigration lawyer) was also shocked and has promised to look into.

Does anyone know of this situation?

Thanks.

The helplines are notoriously unreliable, Call again tomorrow, get another answer.

Your son is British, apply for passport.

A child born in UK to parents one or both of whom are

• British citizens, or
  are settled in UK

at the time of child's birth is automatically a British citizen otherwise than by descent and does not need to be registered

Ref HO guidance:
https://www.gov.uk/government/uploads/s ... r_2015.pdf

[kenaness]

Thanks a lot for your reply.

The lady was very very sure that he is NOT a British Citizen but everyone is telling me they are just misinformed on numerous issues.

[Casa]

Another example of where the HO 'help line' staff who are very very sure, are actually very very wrong.

[noajthan]

Thanks a lot for your reply.

The lady was very very sure that he is NOT a British Citizen but everyone is telling me they are just misinformed on numerous issues.

First rule of UK immigration is don't talk to UK helpline.

[ohara]

Quite ironic that helpline advisers at the passport office do not know the absolute basics of British nationality law. They could have literally opened a copy of the British Nationality Act 1981 and read the first paragraph and they would have had the correct answer.

http://www.legislation.gov.uk/ukpga/1981/61

1 Acquisition by birth or adoption.

(1)A person born in the United Kingdom after commencement [or in a qualifying territory on or after the appointed day,] shall be a British citizen if at the time of the birth his father or mother is—

(a)a British citizen; or

(b)settled in the United Kingdom [or that territory].

For the purposes of section 1(1) there is no distinction between British citizenship otherwise than by descent, and British citizenship by descent.

[kenaness]

Thanks to everyone who replied.

I'm now filing out his passport and it's asking for details of his grandparent's right to British Citizenship, which is my mother.

She was naturalised in the 1950's on the same certificate as my grandfather (his great grandfather). I do have a photocopy of it, would they need it?

The application booklet states that any grandparent's details aren't needed if I provide my British passport number.

I'm confused and my appointment is on Friday.

Thanks.