British citizenship for child born abroad

[Adam_Jones]

I am a British citizen by descent born in Saudi. Married to a girl born in Zambia, she obtained British citizenship under Section 3(2), she was living in the UK for the last 6 years (2017-2024) before moving to Saudi Arabia with me.
My wife's maternal grandfather had a British passport from birth (born in Reunion). My wife's mother was born in Zambia and attained British citizenship through descent. My wife's father attained British citizenship under S 4B when he was still in Zambia, few months after my wife was born .

I intend to continue staying in Saudi and wanted to enquire about any children born in Saudi, whether these children can obtain British citizenship under S 3(2) as their mother (i.e. my wife) would already have satisfied the 3 year requirement of having lived in the UK. If British citizenship cannot be obtained under S 3(2), is there any other 'entitlement' under other provisions to British citizenship for any of the children born outside the UK.

Adam

[secret.simon]

There are multiple requirements for a registration under Section 3(2). Apart from requiring that the British citizen by descent parent have lived in the UK for at least three continuous years before the birth of the child, there is also the requirement that the British citizen parent of the British citizen by descent parent (i.e. the British citizen grandparent of the applicant child) be a British citizen otherwise than by descent.

If your wife got her own British citizenship by descent under Section 3(2), that means that her own British citizen parent was a British citizen by descent and therefore her own children can't register under Section 3(2).

British nationality law discourages descent of British nationality to multiple generations born outside the UK.

There is another entitlement possible, under Section 3(5), which requires both parents, including the British citizen by descent parent, and the child(ren), to move to the UK and reside in the UK for three continuous years, as a family unit. After those three years but before their 18th birthday, the child can register as a British citizen. And that registration would make them a British citizen otherwise than by descent.

So let's look at your British citizenship. How did your parents and you acquire British citizenship?

[Adam_Jones]

Thanks for your reply

What about my wife's father got British citizenship under section 4B? But this was few month after her birth.

My both parents attained citizenship by neutralisation in 1990s as they moved from Europe to UK back in 1980s.
I wont be able to pass on citizenship under section 3(2) as i havent lived in the UK for 3 years?

[secret.simon]

Section 4B and Section 3(2) both give British citizenship by descent.

That means that your wife's children do not meet the requirements of Section 3(2) (specifically Section 3(3)(b)).

You'd want the whole family to move to the UK before the child's 15th birthday and live in the UK for three continuous years as a family together to have an entitlement to register under Section 3(5) before the child's 18th birthday.

[Adam_Jones]

What if the child is stateless? Does this change anything?
Can I pass on under section 3(2) without living in the UK for 3 years with stateless?
Will it be entitlement or discretion?

[secret.simon]

Can I pass on under section 3(2) without living in the UK for 3 years with stateless?

No. The requirements for Section 3(2) are quite specific and you can see them in the link above.

As the child is born outside the UK, the provisions for registering as a British citizen still require residence in the UK. The relevant provisions are in Schedule 2 of the BNA 1981.

4(1)A person born outside the United Kingdom and the British overseas territories after commencement shall be entitled, on an application for his registration under this paragraph, to be so registered if the following requirements are satisfied, namely—

(a)that that person is and always has been stateless; and

(b)that at the time of that person’s birth his father or mother was a citizen or subject of a description mentioned in sub-paragraph (4); and

(c)that that person was in the United Kingdom or a British overseas territory(no matter which) at the beginning of the period of three years ending with the date of the application and that (subject to paragraph 6) the number of days on which he was absent from both the United Kingdom and the British overseas territories in that period does not exceed 270.

Note the difficulties of this approach.

Firstly the Home Office has a broad idea of the nationality laws of most countries (generally from summaries sent by the British embassies in those countries) and would be able to spot if the child was deliberately made stateless, such as by instance the parents not registering the child with the diplomatic representations of that country. That won't fly and will not be accepted for the purpose of registering the child as a British citizen.

Secondly, the child must be genuinely stateless as per the laws of the relevant countries (by descent from both parents and the country where they were born). Merely not having the passport does not qualify as statelessness.

Thirdly, as you can see, there is still a residence requirement for this provision to be activated.

[Adam_Jones]

As I am planning to live in Saudi Arabia and both me and my wife have british passport only. Therefore the child wont have any passport if the british citizenship is not granted.
The Saudi citizenship is not granted to children born here unless one of the parents have Saudi citizenship, which in my case we dont have.

[secret.simon]

they moved from Europe to UK back in 1980s.

You mentioned that your parents migrated from a European country to the UK and naturalised here. That could open routes to citizenship for your child. You may not have a European passport, but you may still have acquired citizenship of one or both your parents automatically. It is not impossible that your child may acquire one or both those citizenships.

It is also not impossible that the child may have acquired Reunion or Zambian citizenship automatically by force of law without your wife or you applying for it.

And if I can think of this, you can bet your boots that a Home Office caseworker would.

[Adam_Jones]

Oh I get it now.

The only option for the child having british citizenship on birth is to have the birth in the UK? Are there any other 'entitlement' under other provisions to British citizenship in which the child can have if born outside?

[secret.simon]

The only option for the child having british citizenship on birth is to have the birth in the UK?

Broadly, yes.

British citizenship is acquired automatically at birth if
(a) the child is born in the UK or its territories to either a British citizen parent or a parent who is settled (has ILR) status at the time of the birth of the child, (so children born in the UK to temporary migrants before settlement do not automatically acquire British citizenship) or,
(b) the child is born abroad to a British citizen parent who was themselves a British citizen otherwise than by descent, by being born (i.e. meet the requirements of (a)), registered (but not as a British citizen by descent) or naturalised in the UK.

British citizenship is only acquired automatically one generation outside the UK. Any further generations born outside the UK need to meet the requirements for registration under the relevant sections of the BNA 1981.

A child born in the UK to a British citizen by descent parent would be a British citizen otherwise than by descent, because that child was born in the UK.

Essentially British nationality law emphasises the child of a British citizen by descent parent being either born in or being resident in the UK. It is not like other European nationality laws that allow generations of birth outside the country, with no connection to the country itself.

[Adam_Jones]

I
Many thanks for your replies and your help. Highly appreciated.