Simply put, if you have acquired British citizenship by birth in the UK, or by registration (as a child), or by naturalisation you are classified as a British citizen OTHERWISE THAN BY DESCENT. Your child will AUTOMATICALLY become a British citizen irrespective of where he/she was born (in or outside the UK).
However, if you were born outside the UK and relied on the fact that one or both of your parents is a British citizen to acquire British citizenship, you will be classified as a British citizen BY DESCENT. If your child is then also born outside the UK your child will NOT AUTOMATICALLY become a British citizen.
SUBSEQUENT GENERATIONS?
But, there is always a BUT somewhere isn’t there?
Second-generation children (i.e. grandchildren) born outside of the UK can in some circumstances be registered abroad at the British consulate as British citizens by descent.
Let’s use an example:
Thomas was born in Cape Town, South Africa in 2006 (now 13 years of age). Thomas’ dad, James, was born in Spain in 1975 and his mother, Sarah, is a German citizen. Thomas’ granddad, Larry, was born in London, England, in 1952.
So, in this example:
Granddad Larry is a British citizen otherwise than by descent.
Father James was born outside the UK before 1983 and is a British citizen by descent.
So, what about his son, Thomas? Thomas, also born outside the UK to a dad who is a British citizen by descent. In line with my general explanation above, Thomas will not automatically become a British citizen.
BUT, (and I warned there will be a BUT) if James (Thomas’ dad) had been resident in the UK before James was born for a continuous period of three years, not being absent for more than 270 days in that period, James will be able to be registered as a British citizen by descent in Cape Town at the British consulate! Because James is a child over 10, he will also have to satisfy the Secretary of State that he is of good character.
IN CONCLUSION, James is able to register outside the UK as a British citizen by descent even though he has never set foot in the UK, but because he has a father who is a British citizen by descent who was resident in the UK before James was born.
Note: If you have questions to ask and are in need of advice on UK immigration status matters, please send an email to info@depner-immigration.com
Daniel Dippenaar 1 February 2019