British Citizenship By Descent
How can you claim British citizenship by descent? Learn more about the process from one of the top immigration lawyers.
https://www.daniellecohenimmigration.com/wp-content/uploads/2019/09/cropped-logo_header-32x32.png
Danielle Cohen Immigration Lawyer
Get in touch for expert advice

What is British citizenship by descent?

Under UK nationality rules British citizens are classed as either having British citizenship by descent or British citizenship otherwise than by descent. Citizens otherwise than by descent, can normally pass to British citizenship through one generation to children born abroad, although that child will be unable to pass the citizenship to subsequent generations who were born abroad.

Who can automatically acquire British citizenship by descent?

A person will automatically acquire British citizenship by descent if they were born outside the UK on or after 1st January 1983 and one or both of the parents is a British citizen other than by descent. British citizen by descent applies when an individual is born outside the UK and one or both parents are British. Section 14(1) of the British Nationality Act 1981 provides an extensive definition of the term British citizen by descent.

What is British citizenship by double descent?

In some cases, people may be eligible for British citizenship based on having a British grandparent and this is known as a British citizenship by double descent. Like the citizenship by descent above, the eligibility for citizenship by double descent depends on where you were born as well as other factors.

How can I apply for registration as a British citizen?

There is a new application to be used to become a British citizen for those who would have been able to become British citizens but for:

Historical legislative unfairness

An act or omission of a public authority

Exceptional circumstances relating to you which prevented you from become a British citizen

What are special circumstances?

Section 4L of the British nationality Act 1981 was introduced by the Nationality & Borders Act 2022 and to open a registration route for adults who would have been able to become British citizens. There are already other measures within the 1981 Act which intended to address historical unfairness, but the 2022 Act created registration routes for people who did not become British Overseas Territory citizens and British citizens because women or unmarried fathers connected to an overseas territory could not pass on citizenship at the time of birth.

What is historical legislative unfairness?

Section 4L(2) states that historical legislative unfairness includes but is not limited to, where the person would have become, or not cease to become a British subject, a citizen of the United Kingdom and Colonies or British citizen if an Act of Parliament or subordinate legislation had: