It is no guarantee that a child born outside of the UK to a British parent would automatically be inheriting his parent’s citizenship as there are several conditions that need to be satisfied first to make it possible.
British Citizenship by “Descent” or “otherwise than by descent”
The status of the parents either citizens of descent or otherwise than by descent plays a huge role in the ability of the parents to inherit their citizenship to their child born abroad. To differentiate the two, the parents who are British citizens by descent obtained their citizenship from their relatives. On the other hand, parents who were naturalized British citizens, were born in the United Kingdom or in a UK territory have British citizenship through otherwise than by descent.
British Citizenship by Unmarried Father
If the child is born to an unmarried father before July 1, 2006 and such is the only avenue in which he may claim British citizenship, automatic inheritance of the said citizenship is not possible. Nonetheless, he can still become a British citizen by means of a registration that should happen before he turns 18 years old.
British Citizen Adopted a Child Abroad
A child who is not a British citizen but has been adopted by a British citizen would automatically gain British citizenship on the day the court, which formulates the adoption order, hands down its decision allowing the British national to legally adopt the child. However, this should happen before the child reaches the age of 18 and also if the adoption has been granted by a court in United Kingdom or in Falkland Islands between the 1st of January 1983 and 20th of May 2002.
If the adoption is granted on or after the 21st of May 2002, it would still be possible if it is a convention adoption, if the adoptive parent has significantly resided in the UK during the adoption and if the adoption has been granted by a court outside if UK on or after the 1st of June 2003.
Consulting with Immigration Lawyers
Applying for or ensuring a child’s British citizenship may be complicated for some people thus the need for the parents to consult with reputable immigration lawyers to be certain that they are following and complying with the requirements set by the British immigration.
