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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7477
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My wife was born in the UK in 1966 and immigrated to Canada

Customer Question

My wife was born in the UK in 1966 and immigrated to Canada in 1974. She is now a Canadian citizen. Are our children (born in 1994 and 1996) eligible for dual citizenship and/or to carry British and Canadian passports? FYI, my wife was a Canadian citizen when the kids were born.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Provided that your wife did not renounce her UK citizenship prior to the children’s birth then they qualify for UK citizenship by descent. Your wife would know if she renounced UK citizenship.
This is because UK citizenship is permitted to descend one generation to children born outside the Uk under s2(1) of the British Nationality Act 1981:
http://www.legislation.gov.uk/ukpga/1981/61
This means that the children can apply for a UK passport on this basis. They will get UK citizenship “by descent” which means that they will have all the rights of other UK citizens except that they will not be able to automatically be able to pass on their citizenship to their children (your grandchildren) if those children are also born outside the UK.
They can apply for passports via https://www.gov.uk/apply-first-adult-passport/overview
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 1 year ago.

Thanks for your answer. My wife is now a Canadian but I doubt she would have "renounced" her British Citizenship (would have to check with her mum). Does your answer apply even though our kids are over the age of 18? Someone told us they must apply for a British passport before there 18th birthday.

Expert:  Thomas replied 1 year ago.
Hi
Thanks for your patience.
I will be able to answer at 9 a.m
Kind regards
Tom

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