British Citizenship by Descent

Acquiring British citizenship can open doors to various rights and opportunities, including the ability to live and work in the UK without restrictions and hold a British passport. One route available to individuals born outside the UK is British citizenship by descent, a pathway that allows certain people to inherit citizenship from their parents or, in some cases, their grandparents.

Let us discuss the requirements for obtaining English citizenship by descent, current application process, rights and responsibilities of new British nationals, and alternative immigration options.

What is British Citizenship by Descent?

According to the British Nationality Act, local citizenship is granted in two ways: the first one includes birth, naturalisation, and adoption (that is, the circumstances that relate to the candidates themselves). The other one is by descent, meaning that a foreign national can become a British citizen if at least one of their close relatives has a British passport.

Citizenship by descent meaning refers to the inheritance of British citizenship from a parent or grandparent. This route is available to individuals born outside the UK, provided specific conditions are met.

Automatic British Citizenship by Origin

English citizenship is acquired automatically by anyone who is born from one or two British citizens, notwithstanding the country of the child’s birth. Such parent or parents, in their turn, can be British citizens by birth, adoption or naturalisation or Crown service but not citizens by descent.

Besides, the eligibility for automatic UK birthright citizenship depends on when the applicant was born and what the immigration status of their parents was at the time. Those who were born on or after July 1, 2006, automatically acquire citizenship if their mother or father is a British national otherwise than by descent. For applicants who were born between 1983 and 2006, another requirement holds: their parents must have been officially married at the time of their birth if only the father was British. Finally, those who were born before 1983 can automatically obtain English citizenship only if their father was British and held a passport of Great Britain or one of the dependent territories.

Register for British Citizenship by Descent

Overseas nationals who are not eligible for automatic citizenship, can undergo a corresponding application procedure. The requirements vary for those born after 1st July 2006, between 1983 and June 2006, and before 1983.

Born on or after 1st July 2006

You may apply for citizenship if you meet any of these conditions:

You lived in the UK with your parents.
Your British parent resided in the UK before your birth.
You were adopted abroad by a British citizen.
Your father was British when you were born, even if your mother was married to someone else.
You were born in the UK, and your father had indefinite leave to remain while your mother was married to someone else.

Born Between 1983 and June 2006

You may be eligible if your father was a British citizen when you were born and meets one of these conditions:

He was born or adopted in the UK.
He became a British citizen through naturalisation or registration.
He was serving as a Crown servant (e.g., in the diplomatic service) at the time of your birth.

Born Before 1983

Eligibility may apply if:

Your parents were unmarried.
Your mother was British, even if your father was not.

What is UK Citizenship by Double Descent?

In most cases, English citizenship is obtained or claimed through a British parent but sometimes it is only in the second generation that an overseas national can acquire an English passport. If one or both of your grandparents were British subjects, then you should learn how to apply for British citizenship by double descent.

Similarly to traditional citizenship by descent, local laws provide specific requirements as to the applicants’ date of birth and their grandparents’ citizenship status at the time. If the applicant was born on or after January 1, 1983, then any of the following conditions must hold:

A UK-born grandfather was in the Crown service at the time their children were born;
The applicant or their parent was born in a former Colony;
The grandmother was UK-born and obtained citizenship by registration between February 2 and December 31, 1982.

For applicants born between 1949 and 1983 at least one of following conditions must hold:

The applicant or their parent was born in a former Colony or obtained citizenship by registration;
The parent was in the Crown service when their children were born;
The parents married before 1949, and the father was UK-born;
The mother’s father was UK-born.

Finally, for those who were born before 1949, UK citizenship through a grandparent can be obtained if one of the following conditions holds:

The applicant or their parent was born before 1915 or in a former British territory;
The mother or grandmother was married to an English husband before 1949.

Therefore, if your question is “Can I get a British passport through my father or if my grandfather was British?”, the answer is definitely “yes”. Such an opportunity is designed primarily for candidates who were born in 1983 or after but in some cases the availability of a mother’s father who was born in Great Britain is sufficient for granting citizenship to older applicants.

English citizenship can also be claimed through triple descent (that is, if your great-grandparent was British) but this is a rather rare occasion. As a rule, it is quite difficult to retrieve the documents that support the corresponding circumstances and events due to their remoteness in time.

How to Apply for British Citizenship by Descent?

The application procedure is mandatory for each candidate who does not qualify for automatic citizenship but is eligible to register for it. Online applications can be submitted on the UK Government’s official website. The form depends on when you were born, and which of your relatives is British. Besides, you will have to provide detailed information on your parents (and grandparents) including their date of birth, place of birth, marital status, occupation, and residence. Alternatively, you can opt for applying via regular post but this is a lengthier procedure.

To complete their application, all candidates are required to visit the Visa and Citizenship Application Service in order to provide biometric data. These include a photograph and fingerprints.

The documents that support your right for obtaining British citizenship by descent can be produced at your appointment where an official will make their scanned copies. However, to facilitate the process, you can prepare electronic copies on your own and upload them when submitting your online application form.

What Happens After You Get British Citizenship by Descent?

Foreign nationals who are granted British citizenship through descent get a UK passport and obtain the same rights and responsibilities as other British nationals have. In particular, they get full access to public services and can participate to the country’s political life by voting in elections.

However, a child of citizens by descent will not inherit their parents’ citizenship if they are born outside the country. This is the only difference between such subjects and those who get British citizenship otherwise than by descent.

Note that candidates above the age of 18 are required to attend a citizenship ceremony that is held for an additional fee (£130).

Is There an Alternative to British Citizenship by Origin?

Overseas nationals who have a British parent or grandparent can alternatively opt for a 5-year immigration route called Ancestry Visa. It is designed for British or Commonwealth nationals who live abroad but are able to prove that their grandfather or grandmother was born in the UK or in one of the dependent territories. Ancestry can be claimed even in the case of adoption, or if the applicant’s relatives were not officially married.

The Ancestry visa is granted for 5 years and can subsequently be extended. After a prolonged period of living in Great Britain under this visa candidates can apply for British citizenship by naturalisation.

How Can We Help?

Claiming British citizenship through descent is a cumbersome procedure, and in order to have your application approved, not a single detail shall be missed. The best way to achieve the desired result is to contact experienced lawyers who work at Sterling Law legal firm.

We have a multi-year experience in helping overseas nationals to obtain British citizenship by descent, and this is what we will do for you:

check your eligibility;
request and collect all the supporting documents using the relevant databases and archives;
help you fill in the application form;
assist you along the application procedure, thus making the entire process shorter and trouble-free.

And even if your application is rejected, we will do our utmost to submit an appeal or request a judicial review. You can rest assured that the successful result is the top priority for our firm.

Claim your UK citizenship by descent now with Sterling Law immigration solicitors!