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  1. #11
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    I'm confused by their terminology... I have a british passport and I did their test and it says I'm not a British citizen... Lol. But maybe that's because it doesn't know I have the passport already?

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    Quote Originally Posted by SAgirl View Post
    Oh ok, I was there for almost 3 years... Wonder if my boys can apply then.

    Anyone know what number to ring to speak to them? I tried to ring UK embassy here in Aus but it doesn't let you speak to anyone
    Sorry, no clue. The only way I can ever 'talk' to anyone is by email!

  3. #13
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    This is just from what I understand, so I may be wrong, but basically citizenship by decent, which is what you're taking about, only applies to first generation, not subsequent generations. So your child would only be a British citizen if one of his parents were born in the UK or were granted citizenship other than by decent. If you only obtained your citizenship by decent then your child would not be considered a British citizen and that form you're talking is used for children who are considered citizens already (ie citizens by decent). Now I could be wrong but I'm pretty sure that's how it works.

  4. The Following User Says Thank You to TeaM For This Useful Post:

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  5. #14
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    Quote Originally Posted by TeaM View Post
    This is just from what I understand, so I may be wrong, but basically citizenship by decent, which is what you're taking about, only applies to first generation, not subsequent generations. So your child would only be a British citizen if one of his parents were born in the UK or were granted citizenship other than by decent. If you only obtained your citizenship by decent then your child would not be considered a British citizen and that form you're talking is used for children who are considered citizens already (ie citizens by decent). Now I could be wrong but I'm pretty sure that's how it works.
    This is correct from the research I've done - citizenship by descent can only be handed down once so when your parents handed it to you it can't be then handed down from you to your children.

    The only exception to this is if you are adopted and then when you have your own children the descent starts with you not your birth or adoptive parents. This is my situation which I'm still in the process of exploring as I have my British citizenship throuf naturalisation from my adoptive mother.

  6. #15
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    Default UK passport help

    Quote Originally Posted by ICanDream View Post
    This is correct from the research I've done - citizenship by descent can only be handed down once so when your parents handed it to you it can't be then handed down from you to your children.

    The only exception to this is if you are adopted and then when you have your own children the descent starts with you not your birth or adoptive parents. This is my situation which I'm still in the process of exploring as I have my British citizenship throuf naturalisation from my adoptive mother.
    That's very interesting, I had no idea about that exception.

    It can get complicated but I think they only do it for one generation because it's designed for citizens who are overseas when they have a child, but would like to return to the UK. It makes it easier if their children are considered citizens rather than having to go through the process of obtaining citizenship for them. But some never end up returning and those children end up living overseas forever. I think that's why it doesn't extend beyond one generation. At least that's how it works for Australia and Canada so I'd be surprised if it were different for the UK.

  7. #16
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    Edit: We live in London!
    I applied for a British passport because my Mum was born here (I was born in Australia), DS was born in America so he has a USA passport and an Australian passport. For him to become a British citizen and get a passport I have to live here with him and DH for a continuous period of three years (point two below) - we are one year in to this process
    From what you have said it would seem point 1 relates to you and you could apply?

    The rules changed in 2002.

    This site sums it up well: http://www.aboutimmigration.co.uk/re...-national.html
    Registering a Child as a British Citizen
    1. It may be possible to register a child born outside the UK to a British citizen by descent as a British citizen if:
    The parent was born to a British citizen otherwise than by descent and satisfied a minimum qualifying residence period in the UK of 3 years prior to the child’s birth. An application to register a child on this basis must be made before the child is one-year-old. The child would become a citizen by descent and therefore would generally not be able to pass on British citizenship to his or her own children. OR,
    2. The child and both of its parents have lived in the UK for a minimum qualifying period of three years. If both parents agree to the child being registered as a citizen, applications may be made on this ground up to the child’s 18th birthday. A child registered as a citizen on this basis will become a citizen otherwise than by descent and will be able to pass citizenship on to his or her own children. Children over 10 must be “of good character” to qualify for registration which means that they must have respected the laws, rights and freedoms of the UK.

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    Quote Originally Posted by TeaM View Post
    That's very interesting, I had no idea about that exception.
    The funny thing was the guy was only saying it to be a bit of a smart alec as I think he'd had enough of my questions. There was an awkward silence when I said great I knew being adopted had some perks!

  9. #18
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    Quote Originally Posted by michellead View Post
    Edit: We live in London!
    I applied for a British passport because my Mum was born here (I was born in Australia), DS was born in America so he has a USA passport and an Australian passport. For him to become a British citizen and get a passport I have to live here with him and DH for a continuous period of three years (point two below) - we are one year in to this process
    From what you have said it would seem point 1 relates to you and you could apply?

    The rules changed in 2002.

    This site sums it up well: http://www.aboutimmigration.co.uk/re...-national.html
    Registering a Child as a British Citizen
    1. It may be possible to register a child born outside the UK to a British citizen by descent as a British citizen if:
    The parent was born to a British citizen otherwise than by descent and satisfied a minimum qualifying residence period in the UK of 3 years prior to the child’s birth. An application to register a child on this basis must be made before the child is one-year-old. The child would become a citizen by descent and therefore would generally not be able to pass on British citizenship to his or her own children. OR,
    2. The child and both of its parents have lived in the UK for a minimum qualifying period of three years. If both parents agree to the child being registered as a citizen, applications may be made on this ground up to the child’s 18th birthday. A child registered as a citizen on this basis will become a citizen otherwise than by descent and will be able to pass citizenship on to his or her own children. Children over 10 must be “of good character” to qualify for registration which means that they must have respected the laws, rights and freedoms of the UK.
    Thanks for this, if only I had known this before ds2 turned one 😢😢😢

  10. #19
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    Quote Originally Posted by michellead View Post
    Edit: We live in London!
    I applied for a British passport because my Mum was born here (I was born in Australia), DS was born in America so he has a USA passport and an Australian passport. For him to become a British citizen and get a passport I have to live here with him and DH for a continuous period of three years (point two below) - we are one year in to this process
    From what you have said it would seem point 1 relates to you and you could apply?

    The rules changed in 2002.

    This site sums it up well: http://www.aboutimmigration.co.uk/re...-national.html
    Registering a Child as a British Citizen
    1. It may be possible to register a child born outside the UK to a British citizen by descent as a British citizen if:
    The parent was born to a British citizen otherwise than by descent and satisfied a minimum qualifying residence period in the UK of 3 years prior to the child’s birth. An application to register a child on this basis must be made before the child is one-year-old. The child would become a citizen by descent and therefore would generally not be able to pass on British citizenship to his or her own children. OR,
    2. The child and both of its parents have lived in the UK for a minimum qualifying period of three years. If both parents agree to the child being registered as a citizen, applications may be made on this ground up to the child’s 18th birthday. A child registered as a citizen on this basis will become a citizen otherwise than by descent and will be able to pass citizenship on to his or her own children. Children over 10 must be “of good character” to qualify for registration which means that they must have respected the laws, rights and freedoms of the UK.
    But the OP got her passport as a result of descent, so no it wouldn't apply.

  11. #20
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    Quote Originally Posted by SAgirl View Post
    Thanks for this, if only I had known this before ds2 turned one ���������������� �
    @SAgirl Oh, no, I am in the same boat! I'd assumed my child couldn't have brit citizenship due to mine being from descent but looks like I just needed to apply before he was one! He's now 2.5. Oh I feel gutted. I lived in the UK for 17 years, grew up there really.


 

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