# Am I a British Citizen by descent?



## Guest (Apr 26, 2011)

Hello My name is Nick I was born in new york city june 1983 I currently live new york. 

My father is a Greek Cypriot born in Cyprus 1947 and came to the USA as a child and he has a British birth certificate does this qualify me to be a British citizen?


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## Johanna (Apr 13, 2009)

The British Nationality Act 1981 specifically defines the categories of people who are British citizens by descent. Any British citizen not falling into one of these categories is a British citizen otherwise than by descent.
The following are the main categories of persons who are British citizens by descent:
Persons born since 1 January 1983
Born outside the United Kingdom who automatically acquired British citizenship at birth.
This does not apply to those born in a British Overseas Territory on or after 21 May 2002.
Registered as a British citizen under the following sections of the British Nationality Act 1981:
section 3(2) (parent a British citizen by descent who lived in Britain for 3 years)
section 4B of the Act, since 30 April 2003 (British nationals with no other citizenship)
section 4C of the Act, since 30 April 2003 (persons born before 1983 to a British mother, so-called "UKM" registration)
Registered as a British citizen under section 3(1) of the 1981 Act, if a parent of the child was a British citizen when the child was born.
Persons born before 1 January 1983
Born outside the "United Kingdom and Colonies" and automatically acquired U.K. citizenship at birth due to father being British born or naturalised.
Born or naturalised in a colony with a parental or grand-parental link to the United Kingdom. (there may be exceptions if U.K. citizenship was lost at independence of a colony and then re-acquired).
Registered as a Citizen of the U.K. & Colonies by a British High Commissioner in an independent Commonwealth country under section 7 of the British Nationality Act 1948 (children under 18), if the registration was done on or after 28 October 1971. (note that some in this category are British Overseas citizens, instead of British citizens).
Women who acquired citizenship by registration under section 6(2) of the 1948 Act (wives of British men) to a man who became a British citizen by descent on 1 January 1983, or would have done if living.
Persons born before 1949 who acquired U.K. citizenship under the 1948 Act under special provisions for those connected with the former Dominions (Australia, Canada, New Zealand, South Africa, plus Southern Rhodesia and the Republic of Ireland) who did not become citizens of these countries when they introduced a citizenship law.
Note that the majority covered by these provisions became British Overseas citizens, but if British citizens they would usually be citizens by descent.
Other situations
Those who acquired British citizenship under the British Nationality (Hong Kong) Act 1997 are British citizens by descent if they had acquired British Dependent Territories citizenship by descent (broadly, those born outside Hong Kong)
Spouses and children of those awarded British citizenship under the Hong Kong British Nationality Selection Scheme, under the British Nationality (Hong Kong) Act 1990, generally became British citizens by descent.
Those who acquired British citizenship under special provisions dealing with statelessness (fairly unusual) are generally British citizens by descent.
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## LeFrog (Apr 26, 2011)

Do you also get British Citizenship by being married to a British spouse? :confused2:


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## Johanna (Apr 13, 2009)

LeFrog said:


> Do you also get British Citizenship by being married to a British spouse? :confused2:


Naturalisation after three years in the UK as a spouse of an UK Citizen

The requirements for naturalisation as a spouse of a British citizen: A residency requirement of three years in the UK as opposed to six years. The three years of the residency requirement are counted from the date your naturalisation application is received by the Home Office.

Further details on residency requirements are as follows:

You must have been living in the United Kingdom at the beginning of the three- year period; and
On the date that your application is received in the Home Office, you must have permanent residence/ ILR in the UK; and
During the three-year period you must not have been outside the UK for more than 270 days (approximately 9 months); and
During the last 12 months of the three-year period you must not have been outside the UK for more than 90 days; and
You must not have been in breach of any UK immigration rules at any time during this three-year period of residence in the UK.


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## LeFrog (Apr 26, 2011)

Johanna said:


> Naturalisation after three years in the UK as a spouse of an UK Citizen
> 
> The requirements for naturalisation as a spouse of a British citizen: A residency requirement of three years in the UK as opposed to six years. The three years of the residency requirement are counted from the date your naturalisation application is received by the Home Office.
> 
> ...


WOW thanks! I guess I never really looked into it! I have been over here 20 years (well, in August it will be 20 years) and married only 10. I guess I am way over the 3 years time frame then  Maybe I should apply, it would make matters easier when we are travelling sometimes...


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## Johanna (Apr 13, 2009)

LeFrog said:


> WOW thanks! I guess I never really looked into it! I have been over here 20 years (well, in August it will be 20 years) and married only 10. I guess I am way over the 3 years time frame then  Maybe I should apply, it would make matters easier when we are travelling sometimes...


Google is great.....

Obtaining UK citizenship is quite expensive ---- what nationality are you?


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## LeFrog (Apr 26, 2011)

Johanna said:


> Google is great.....
> 
> Obtaining UK citizenship is quite expensive ---- what nationality are you?


I do the Googleing thing a lot.... when I think about a subject!!  I have to admit until reading the thread it had not occured to me in all these years! Ok maybe once at the emmigration desk can't remember where when hubby just sailed through :boxing:

I am French


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## Guest (Apr 26, 2011)

I am sorry I haven't slept for ten hours so the answer to my question is Yes OR No? if you need additional information let me know.


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## MaidenScotland (Jun 6, 2009)

Darkknight said:


> I am sorry I haven't slept for ten hours so the answer to my question is Yes OR No? if you need additional information let me know.





Joanna has given you the information she found on the net, information given here is is not' legal fact" in that Joanna cannot say yes or no and you could use it by saying Joanna told me I was.


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## Johanna (Apr 13, 2009)

LeFrog said:


> I do the Googleing thing a lot.... when I think about a subject!!  I have to admit until reading the thread it had not occured to me in all these years! Ok maybe once at the emmigration desk can't remember where when hubby just sailed through :boxing:
> 
> I am French


Then you have an EU passport, why would you want to change to UK citizenship?

@Darknight, you have not slept for 10 (ten hours)? How much sleep do you need in a period of 24 hours... Only kidding, do not shoot me!


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## Guest (Apr 26, 2011)

I am so tired I didn't even know what I written should of said I didn't sleep for 24 hours haha. Not change to UK citizenship but have dual citizenship of US and UK.


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## LeFrog (Apr 26, 2011)

Johanna said:


> Then you have an EU passport, why would you want to change to UK citizenship?


I wouldn't change, I would keep the French one and also get the GB one. But as I said, never thought about it that hard before as it only has caused me problems once or twice. Darknight's thread reminded me of those and prompted the question


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## moo (Apr 23, 2011)

I was just wondering this myself, I keep reading different information.

My mother was born in the UK in 1971, she came over to Australia in 1975, and I was born in 1991 in Australia. Does this make me a British citizen?


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## MaidenScotland (Jun 6, 2009)

These are legal matters and as such you should get the information from an Embassy or an immigration lawyer, do not rely on a forum to tell you your status.


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## Joppa (Sep 7, 2009)

moo said:


> I was just wondering this myself, I keep reading different information.
> 
> My mother was born in the UK in 1971, she came over to Australia in 1975, and I was born in 1991 in Australia. Does this make me a British citizen?


Yes! If it was your father who was British and he wasn't married to your mother when you were born, you wouldn't be British. But since you are claiming descent from your British mother, who is British other than by descent (by being born in UK), you are automatically British, regardless of her marital status. You will need as evidence your mother's birth certificate and your own birth certificate listing your parentage when applying for your British passport. You will be British citizen by descent and have no automatic right to pass on your British nationality to your children born outside UK.


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## fxtrillion (Jun 24, 2011)

Johanna said:


> The British Nationality Act 1981 specifically defines the categories of people who are British citizens by descent. Any British citizen not falling into one of these categories is a British citizen otherwise than by descent.
> The following are the main categories of persons who are British citizens by descent:
> Persons born since 1 January 1983
> Born outside the United Kingdom who automatically acquired British citizenship at birth.
> ...


Hi Johanna "Am I (also) a British Citizen by descent?"... I am Nigel, my mother and father (father is now deceased) they both lived in the UK and my mother being pregnant with me returned to Trinidad and Tobago to give birth, she then returned to the UK and left me with my Grand parents. My parents had British passports at that time, they were also married. I was born on 14th February 1963. Do I qualify for British Citizen by descent? My mother still live in the UK.


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## Joppa (Sep 7, 2009)

fxtrillion said:


> Hi Johanna "Am I (also) a British Citizen by descent?"... I am Nigel, my mother and father (father is now deceased) they both lived in the UK and my mother being pregnant with me returned to Trinidad and Tobago to give birth, she then returned to the UK and left me with my Grand parents. My parents had British passports at that time, they were also married. I was born on 14th February 1963. Do I qualify for British Citizen by descent? My mother still live in the UK.


Complicated situation, but it looks like you are a British citizen by descent because your father was British. In order to qualify for a British passport, your father must have been a citizen of the United Kingdom and Colonies at the time of your birth and had the right of abode in UK. Your parents also had to be married to each other when you were born, or subsequently. If you meet the requirements, just apply for your British passport. You will need several pieces of evidence, such as your parents' birth certificates, their marriage certificate and your birth certificate listing both parents. More may be needed.

If you don't qualify through your father, you may be able to register as British through descent from your mother. While there is no application fee, this will take longer as all registrations as British citizen have to be processed in Liverpool and they have a long backlog - expect to wait at least 6 months after application.

I suggest you make enquiries at the High Commission about your eligibility. Your passport application has to be made directly to the regional processing centre in Washington DC by post or secure delivery.


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## fxtrillion (Jun 24, 2011)

Thank you very much Joppa, this information seems very positive, I would do as you said and I would keep you informed as it progresses.


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