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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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My son was born in Zimbabwe in 1982 and holds a British passport

Customer Question

My son was born in Zimbabwe in 1982 and holds a British passport (as both parents are British). He is now working and living in Dubai. His son was born in Dubai on 16 January 2014. The British Embassy is saying his son cannot be registered as British as his son is third generation descent. I would say my son Christopher is British by descent and his son Oliver is second generation descent. Help please. Lin Gurnsey

 

Did not know you were in USA are you able to answer my question on British law.

Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.
Hi, thank you for your question.

Unfortunately , in your case the Embassy are correct, this is because your son was British by decent which means that he will automatically be British ( as is the case) however, as he is British by decent he is unable to pass on his citizenship to a child born outside of the UK and therefore his child would not be automatically British.

British citizenship may descend to one generation born abroad not two. So if your grandson were born outside the United Kingdom or qualifying territory and your son was a British citizen otherwise than by descent, he would be a British citizen by descent. However as your son already had British citizen by descent he is unable to pass this on to his child who was born abroad, had the child been born in the UK he would have been automatically, British.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.

Kind regards
Customer: replied 3 years ago.

is there any way round this asmy grandson will be stateless.

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

If the case is that your child will be born stateless then, your only option would be to apply for British Citizenship explaining that although your grandson is not automatically a British citizen, if he was not given nationality he will remain stateless.

You may also wish to state that you would like the home office to exercise discretion in respect of the application and to grant him citizenship outside of the rules.

You can forward all the require documents to them and they will then review the application.

Unfortunately it is a very precarious position to be in due to the fact that your grandson is unable to travel to the UK and reside there, because he would have been inside the UK he would have had a better chance of obtaining citizenship, because he is outside the UK the home office may be more reluctant to issue him with citizenship, but all you can do is apply, explain the reasons for the application and await a decision.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.

Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and other Law Specialists are ready to help you
Customer: replied 3 years ago.

UK Lawyer this has worried us as our grandson will be stateless. Is there any way round this, ie apply for citizenship?

Expert:  UK_Lawyer replied 3 years ago.
thank you for your reply.

Did you get my reply above in respect of applying for British Citizenship?

If not I will write it again:

If the case is that your grand child will be stateless then your only option would be to apply for British Citizenship explaining that although your grandson is not automatically a British citizen, if he was not given nationality he will remain stateless.

You may also wish to state that you would like the home office to exercise discretion in respect of the application and to grant him citizenship outside of the rules.

You can forward all the require documents to them and they will then review the application.

Unfortunately it is a very precarious position to be in due to the fact that your grandson is unable to travel to the UK and reside there, because he would have been inside the UK he would have had a better chance of obtaining citizenship, because he is outside the UK the home office may be more reluctant to issue him with citizenship, but all you can do is apply, explain the reasons for the application and await a decision.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.

Kind regards
Customer: replied 3 years ago.

The answer may not be what we wanted to hear but thank you.


Its very complicated as my grandson also needs a visa to remain in Dubai which has to be applied for within 190 days. We are just so worried.

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

I am grateful that your appreciate that we must give you advice on the basis of the information provided whether it is positive or negative.

Unfortunately it is a very difficult position to be in , had your grandson been born in a counrty where he is able to obtain citizenship then this problem would not have occurred. However, at least it puts more of an onus on the British Immigration officers to really consider the effects of not granting the child citizenship.

I hope this answers your question.

Good luck

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