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What type of British Citizen am I?

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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Hiraa
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What type of British Citizen am I?

Post by Hiraa » Mon Oct 01, 2018 11:48 am

Hi
I want to know what type of British Citizen I am?
Am I British Citizen by decent or a British Citizen otherwise by decent?
It’s all very confusing.

I was born in Pakistan to a mother with British citizenship (but was not born in UK) and a father with no British Citizenship (at that time).
Now both my parents are British citizens (father obtained it through neutralisation), and all 3 of us live in the uk permanently. But none of us was born in the UK.

I am also a British Citizen and I became one through the process of registration. I got a certificate that says ‘certificate of registration as a British citizen’. I was born in 1995 and obtained the certificate in 2000. On the certificate it says section 3(1) British Citizen.
I also have a valid adult British passport.

Any ideas?

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CR001
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Re: What type of British Citizen am I?

Post by CR001 » Mon Oct 01, 2018 11:53 am

Your are British otherwise than by descent.
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Hiraa
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Re: What type of British Citizen am I?

Post by Hiraa » Mon Oct 01, 2018 12:24 pm

Hi thanks for your reply. But I am wondering is it as simple as that?

Because this page of legislation http://www.legislation.gov.uk/ukpga/1981/61/section/14 which defines British Citizen by decent makes me think I am british citizen by decent. I may have interpreted it wrong, however section 14 (1) (c) it says ‘he is a British citizen by virtue of registration under section 3(1)’.

And I was registered under section 3(1).

So I don’t know what to make of this.

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CR001
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Re: What type of British Citizen am I?

Post by CR001 » Mon Oct 01, 2018 12:27 pm

Registration under Section 3(1) is British otherwise than by descent.
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Hiraa
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Re: What type of British Citizen am I?

Post by Hiraa » Mon Oct 01, 2018 12:40 pm

So if I have a child who is born outside the uk (Europe for example), is he/she automatically British Citizen as I am a British Citizen otherwise than by decent. That’s what I read online.

I want to go on holiday to Europe for a week or 2 and I am 3 months off my child being born. It’s very unlikely he/she will be born abroad. However incase of unfortunate circumstances if he/she is born prematurely abroad, I was wondering if they automatically can become British Citizen?

If they can’t, then I don’t want to risk going off on holiday with that stress on my shoulders. That’s the reason I so desperately want to know know what type of British Citizen I am to be honest.

Hiraa
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Re: What type of British Citizen am I?

Post by Hiraa » Mon Oct 01, 2018 12:56 pm

This makes it more confusing : https://assets.publishing.service.gov.u ... 3.0EXT.pdf

Following copied from top of page 17 of that link :

****
Registration under section 3(1) will give British citizenship by descent if the father or the mother was a British citizen at the time of the child’s birth.
In all other cases registration gives British citizenship otherwise than by descent.

For the purpose of whether the child is a British citizen by descent:
• the father or mother does not include an adoptive father or mother
• father includes the father of a child whose parents were not married if:
o the child was born on or after 1 July 2006
o the mother was not married to another man at the time of the birth
o the natural father satisfies the prescribed requirements as to proof of
paternity
Children registered under section 3(1) will therefore be British citizens otherwise than
by descent if they were adopted by British citizens.
****
I don’t understand how I can be British Citizen otherwise than by decent if the ‘registration under section 3(1) will give British citizenship by descent if the father or the mother was a British citizen at the time of the child’s birth.’ Applies to me??

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Londoner007
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Re: What type of British Citizen am I?

Post by Londoner007 » Mon Oct 01, 2018 4:01 pm

Your child will be BC by descent, i.e he himself will not be able to pass on his citizenship.
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CR001
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Re: What type of British Citizen am I?

Post by CR001 » Mon Oct 01, 2018 4:32 pm

Londoner007 wrote:
Mon Oct 01, 2018 4:01 pm
Your child will be BC by descent, i.e he himself will not be able to pass on his citizenship.
The child can pass it on but only if their children are born in the UK.
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Re: What type of British Citizen am I?

Post by secret.simon » Tue Oct 02, 2018 6:08 pm

In this case, ironically, the OP is right. He is indeed a British citizen by descent, because he was registered under Section 3(1) AND one of his parents was a British citizen at the time of his birth. See Section 14(1)(c)(i) of the British Nationality Act 1981.
(c)he is a British citizen by virtue of registration under section 3(1) and either—
(i)his father or mother was a British citizen at the time of the birth; or
(ii)his father or mother was a citizen of the United Kingdom and Colonies at that time and became a British citizen at commencement, or would have done so but for his or her death; or
In almost all the cases we come across on these forums, a parent is not a British citizen at the time of birth and therefore the child becomes a British citizen otherwise than by descent. The OP advised that his mother was a British citizen (likely by descent) at the time of his birth and therefore he himself would become a British citizen by descent.

If his mother acquired her British citizenship after his birth, that would be another matter entirely.

If the OP’s children are born abroad, not only will they be not be British citizens, they will also not have an entitlement to register under Section 3(2), which requires one grandparent to be a British citizen otherwise than by descent, which the OP’s mother wasn’t.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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