Children: British Citizenship by Descent

[AmberDino]

My DH and I are currently living abroad (in the UAE) and are planning to start TTC in the coming months.

However, we are unsure where whether our child would be eligible for British Citizenship by Descent if they are born in the UAE.

Context below:

• DH is Polish
• I have British Citizenship from my father (my mother is not British), as I was born in a non-UK territory. I then lived in the UK from age 3-22 and have a British passport and birth certificate etc.

Am I correct in thinking that I would be unable to confer British citizenship to my child if I gave birth in the UAE? If so, what steps could I take to ensure my child has British citizenship?

Or have I misunderstood the above and, as a British citizen, can I automatically pass on British citizenship to any future children?

This seems to be the relevant government webpage: www.gov.uk/apply-citizenship-british-parent/born-on-or-after-1-july-2006

From what you've said here, I think they wouldn't automatically be a brutish citizen but would be able to apply? Have a read though and see what applies to you.

I'm similar situation (British through mother, took up citizenship through descent as a teen). Any children born to you will always have the right of abode, regardless of place of birth (ie they can move to and live in the UK at any time and for as long as they want, if they live in the UK long enough they can claim citizenship that way). If they are born in the UK then they will automatically be British citizens.

I've read through the government pages but was just confused as to whether I'm "British citizen through descent" or not - I presume I am despite having a British birth certificate and having lived in the UK for most my life?

Was I meant to apply for a different tier of British citizenship despite having a passport and birth certificate etc.?? I.e. I can't tell which category I am.

My main confusion is that a migrant with no British parent/heritage who has since received British citizenship seems to have the right to automatically confer British citizenship?

Sorry I'm confused now - were you born in the UK? Why is your birth cert a British one if you weren't? I have a certificate stating the date I was made British as a child and a birth certificate from my birth country, and passports for both, so perhaps not the same situation!

Basically if your Brit by descent, child must be born in UK to be automatically british. If your british by birth, child can be born anywhere and be able to claim britishness by descent. Hope that makes sense. It's all so confusing. I've also got an EU husband so Brexit has made us have to address all this stuff

I think it may depend on whether your grandparents are British. My grandchildren were not born in the UK their father is not british. They are British by descent through my daughter who is British by descent as am I and her father. If you are British by descent and your mother is I think your children should be too. But it's ridiculously complicated now. I would contact the Home Office to be sure.

You are British by descent, but you meet the additional criteria to pass on citizenship for your child if they are born in the UAE - but it's not automatic and has to be applied for as they will be born outside the UK.

Those who have applied for and been granted citizenship have the same status as your father - it's citizenship in their own right, not through descent.

Sorry I meant your father is. British not your mother. As you say your mother is not british

Also sorry my GC are not British by descent they are British Citizens through their mother and grandparents they were born in the EU and their father is an EU national.

It looks like it helps that you lived in the UK for several years.

I was born in Brazil and was given two birth certificates: 1 Brazilian, 1 British. Apparently it was customary at the time.

@Lailaha thank you for the information - I'll look into the process of applying for British citizenship from the UAE.

If the maternity leave was longer here (it's only 45 paid days + 100 days of unpaid leave) I would try and plan around giving birth in the UK but it seems like a lot of stress, and I'm not sure where I stand with the NHS since I don't pay National Insurance and no longer have British residency

A British birth certificate just means one was born in Britain, it doesn't make you British. DH has a French birth certificate, but British citizenship, for example.
Do you have a naturalisation certificate too?

Oops, sorry, x-post.
If you and your father are British, then surely your children are entitled to British citizenship, regardless of where they're born?

If you were born outside of the UK and your baby is too then the baby will not have automatic British citizenship. Do you have another nationality from your mother?

@frenchfancy

Mother is Iranian - I'm not eligible for that since it can only be conferred by father (not that I would want Iranian citizenship or to pass it on).

It should be straightforward, OP - it's just that it's not automatic (so you have the faff and the cost) : the Home Office can be quite helpful (sometimes, when money is involved ) - or ask at the Embassy/Consulate for advice

As I understand it you would have to give birth in the UK for your child to have British citizenship - since you yourself were not born in the UK.

www.gov.uk/apply-citizenship-british-parent

You are a British Citizen by descent as you were born in Brazil. Your British Birth certificate is actually a registration with the British Embassy of a British Citizen born abroad. It’s not the same document as a British Birth certificate.

Your child would have to be born in U.K. to automatically get British Citizenship.

I would try and plan around giving birth in the UK but it seems like a lot of stress, and I'm not sure where I stand with the NHS since I don't pay National Insurance and no longer have British residency

Because you are not a U.K. resident, you would be a private pay patient and have to reimburse the NHS the costs of your labour and delivery. You could obtain health insurance that is valid before travelling back to U.K.