A Comprehensive Guide to British Citizenship by Descent in 2023: Eligibility and Process

267

In this guide discover whether you qualify for ‘British citizenship by descent’ which means that if you were born outside the UK, you can acquire citizenship based on either your parents or grandparents being British citizens. This is different to ‘British citizenship otherwise than by descent’ through birth, registration, adoption, or naturalisation covered in a different blog. Learn about the eligibility criteria, process, and necessary documentation for making this application.

Eligibility for British Citizenship by Descent

1. Firstly, you are not eligible for citizenship by descent if your British parent obtained their own citizenship by descent. They must have obtained citizenship ‘otherwise than by descent’ (birth, registration, adoption, naturalisation).

2. Secondly, you may be eligible to naturalise as a British citizen if your parents or grandparents are British citizens at the time of your birth. 

3. Thirdly, the above depends on where you were born and your parents immigration status at that time:

Born on or after the 1st of July 2006

If you were born overseas on or after the 1^st of July 2006 you will automatically acquire British citizenship by descent. This is possible if one or both of your parents had British citizenship ‘other than by descent’ at the time of your birth.

If you do not automatically acquire British citizenship by descent above, then you may be eligible to register instead. This is possible if you can prove one of the following: 

• You have lived in the UK with your parents.

You must be under 18 years of age and have lived with your parents for 3 years prior to applying. An applicant must not have been absent from the UK for more than 270 days in these 3 years.

• Your British parent lived in the UK before you were born.

You must be under 18 years of age and your parents must have lived in the UK for a minimum of 3 years prior to your birth and must not have been absent from the UK for more than 270 days during that time.

• You were adopted overseas.

Born between 1983 and June 2006

If you were born overseas between 1983 and June 2006 you will automatically acquire British citizenship by descent. However, your father and mother must have been married at the time of your birth if the former does have British citizenship, but the latter does not.

If you do not automatically acquire British citizenship by descent above, then you may be eligible to register instead. This is possible if at the time of your birth your father was a British citizen otherwise than by descent unless they were working as a Crown servant. 

Born before 1983

If you were born overseas before 1983 you will automatically acquire British citizenship by descent if your father is British and was a citizen of the UK and Colonies and married to your mother.

If you do not automatically acquire British citizenship by descent above, then you may be eligible to register instead. This is possible if at the time of your birth neither of your parents were married or if your mother was British rather than your father. Your mother or father must have been a citizen of the UK and Colonies and they must have citizenship otherwise than by descent unless they were working as a Crown servant when you were born.

Necessary documentation

The following documentation is necessary for this application:

• Birth or adoption certificate showing the applicant’s country of birth
• Current and previous passports
• Biometric Residence Permit (BRP) confirming Indefinite Leave to Remain in the UK (ILR)
• Proof of the applicant’s relationship to their British citizen parents or grandparents
• Proof of parents’ or grandparents’ British citizenship other than by descent e.g., a certificate of naturalisation
• If relevant, proof of a parent’s employment from a UK government department or EU institution

Process of application

• Automatic British Citizenship by Descent: 

First Step: Confirm that you meet the eligibility requirements discussed above.

Second Step: 

If you have automatic British citizenship by descent, you can prove this by applying one of the following:

1. A British passport.

Applying for a passport can be completed in many ways such as through the post or online by following this link: https://www.gov.uk/apply-renew-passport. Note that those under 16 years old must apply for a child’s passport.

2. A letter confirming your immigration status. 

Apply for a letter confirming your immigration status by following this link: Nationality Services Base Product (visas-immigration.service.gov.uk). 

• Register British Citizenship by Descent: 

First Step: Confirm that you meet the eligibility requirements discussed above.

Second Step: 

If you do not have automatic British citizenship by descent but are instead eligible to register then you can do so either by completing the online application form on the website: Nationality – UKF (visas-immigration.service.gov.uk). Select the correct application form depending on your date of birth.

You may also apply through post, but this will increase the processing time.

Step Three: Pay the application fee and attach any necessary documentation.

Step Four: After making an application to register as a British citizen by you must make a UK Visa and Citizenship Application Services (UKVCAS) appointment so that your biometric details can be collected.

Step Five: Once your application for citizenship is processed and approved, applicants aged 18 or over must book a UK citizenship ceremony unless you are exempt. Private citizenship ceremonies can be arranged for an additional fee.

Step Six: Once you have your citizenship certificate, you can apply for a British passport: https://www.gov.uk/apply-renew-passport.

If successful, you will have the right to remain indefinitely in the UK and have the same rights and privileges a person born in the UK discussed in our British citizenship blog.

Application fees

• Application fee of £1,012 if required (children under age 18) or £1,206 (adults over the age of 18).
• Citizenship ceremony fee of £80 if required.
• Biometric fee of £19.20.
• British passport fee of £49 when applying online or £58.50 by post.

FAQs

Summary

To access the great benefits of gaining British citizenship by descent follow the eligibility requirements discussed according to your date of birth. Applicants may either be eligible to automatically acquire British citizenship or may have to register.

Please contact our expert team of immigration lawyers at Henleaze Law on 0117 908 4625 for legal assistance. We will review your application for British citizenship by descent and discuss the likelihood of your success. 

Our team can also aid you in assessing your eligibility through other routes such as the UK Ancestry Visa.