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LawyerAk
LawyerAk, Solicitor
Category: Immigration Law
Satisfied Customers: 1512
Experience:  Expert in Immigration and family law
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I am a British citizen. My son was born in Tokyo in 2001,

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I am a British citizen. My son was born in Tokyo in 2001, and therefore he is British by descent. He has lived in the UK since 2017. I knew that as long as he wasn't resident in Britain he couldn't automatically pass on his nationality to his children unless they were born in the UK, but I had assumed that when he took up residence in the UK, that would change. However, it seems not. Is there anyway he can change his status? It seems that if he had entered as a foreigner and applied for settled status, then citizenship, he would have been better off.
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: Haven't taken any steps. We live as a family in England. I am British. As I said, my son is British by descent.
JA: Have you talked to a lawyer about the citizenship application?
Customer: What citizenship application?
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don't think so.

Good afternoon, unfortunately as he is British by descent this will not automatically pass onto children. He cannot change his status now.

Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions-I am happy to help!

LawyerAk and other Immigration Law Specialists are ready to help you
Customer: replied 7 days ago.
would he be able to come back to the UK with his child?

He would need to apply for dependent child visa. I will call to discuss.

Customer: replied 7 days ago.
how would he apply for a dependent child visa?

I will send a link with application for dependent child visa.

https://www.gov.uk/uk-family-visa/child

Customer: replied 7 days ago.
OK, thanks. I've read through that, and I can't see which part is relevant to this case. What if the baby was born overseas while he was working there, and is still less than a year old when they wish to return to England?

You would make an outside the U.K. dependent visa.

You were born outside the UK

Whether you can apply depends on your age and how your parent applied.

If you’re under 18

You must:

not be married, in a civil partnership or living an independent life

be financially supported without claiming public funds

One of your parents must also be applying or have applied for a visa or to extend their permission to stay as a:

partner - and the partner they’re joining is your other parent

parent - and they have sole parental responsibility for you

Otherwise, you might still be eligible to apply if there are serious reasons to let you come to, or stay in the UK and there are plans for your care.

Customer: replied 7 days ago.
Is this addressed to the 9 month old baby? It says "one of your parents must also be applying for a visa or to extend their permission to stay.." . But that is not the case, as his parents don't need a visa.

It does apply to a 9 month old baby a dependent child is under 18 years. His parents have citizenship so thats fine.

Customer: replied 7 days ago.
my son would apply on behalf of the child?
Customer: replied 7 days ago.
Would he still need the income of 18,600, even though he is already a citizen? Sorry to ask so many questions.

As a British citizen it’s a mandatory requirement to meet the financial requirement of £18,600 to bring your child.

Customer: replied 7 days ago.
Thanks. Last question: if the baby was born in England, but then hw went abroad with the baby, would he have to get a child dependent visa in order to return?

He would need a visa to be able to travel outside the U.K.

Customer: replied 7 days ago.
I'm sorry, that was going to be the last question. But I've been trawling through documents, and I've found a Home Office Guide NS, dated March 2019, entitled 'Confirmation of British nationality status'. On page 6 it says, among other things: "People who are born in the UK...whose mother or father are British citizens are normally British citizens other than descent". So as my son is a British citizen, surely a child born in England would be a British citizen too, so why would he need a visa?

As discussed he is British by descent so this does not pass down to the child.

A child born in U.K. does not automatically become British .

Customer: replied 7 days ago.
is that Home Office document wrong? The meaning I get from that, and other documents, is that British citizenship by descent is only not passed on if the birth is outside the UK.

British citizenship by descent is not automatically passed onto the child.

Customer: replied 7 days ago.
But according to the Home Office document, the child does automatically become a British citizen, otherwise than by descent, if one of its parents is a British citizen. Is this wrong?

If the other parent is not British by descent the child would then qualify directly for British citizenship.

Customer: replied 7 days ago.
Sorry, but I'm fairly sure that you are wrong. The UK government information "Check if you're a British citizen" clearly states that a child born in the UK will be a British citizen if at least one of the parents was a British or Irish citizen when it was born. It says nothing at all about whether the parents were citizens by descent or not. Could you please give me the reference that states that at least one parent must be British otherwise than by descent. (Also, you have not mentioned to me that if my son has resided in Britain for three years, before the birth of a child outside the UK, he can apply to register the child as a British citizen.)

You were born on or after 1 July 2006

You’re automatically a British citizen if you were born outside the UK and all of the following apply:

you were born on or after 1 July 2006

your mother or father was a British citizen when you were born

your British parent could pass on their citizenship to you

Your British parent could pass on their citizenship to you if they were one of the following:

born or adopted in the UK

given citizenship after applying for it in their own right (not based on having a British parent)

working as a Crown servant when you were born (for example in the diplomatic service, overseas civil service or armed forces)

Customer: replied 7 days ago.
Why have you sent me this? It has nothing to do with my question. You have told me that if my son, who is British by descent, has a child born in Britain then that child will not have British citizenship. I said I thought you were wrong about this, and asked you for reference to documentation supporting your advice. Also, when I asked what my son should do if he had a child born abroad, you did not mention the fact that he could register that child as British if he had spend three full years resident in the UK.

I have sent you reference to the above whereby you mentioned about if a parent is descent and the child not automatically not being able to apply British citizenship. If one person is British this refers to for example they received British citizenship in their own right. Under section 3(5) both child and parent must be resident in U.K. to naturalise as British citizenship. I will send you the guidance on this. Refer to page 12.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/879763/registration-as-a-british-citizen-children-v6.0ext.pdf

Customer: replied 6 days ago.
I now have that, thanks. So, do you now agree that if my son, with British nationality by descent, had a child born in the UK, then that child would be automatically entitled to British nationality otherwise than by descent?

The child would not automatically become British would need to naturalise as a British citizen.

Customer: replied 6 days ago.
OK, I'll just repeat what wrote before. The UK government information "Check if you're a British citizen" clearly states that a child born in the UK will be a British citizen if at least one of the parents was a British or Irish citizen when it was born. It says nothing at all about whether the parents were citizens by descent or not. Could you please give me the reference that states that at least one parent must be British otherwise than by descent.

The child will be British if one parent is British not by descent please note. It was a pleasure assisting you today. Take care

The guidance is vague therefore the home office does not always state things in more detail.