United Kingdom - Passport & Nationality - British Citizenship by Double Descent (PG-1981 S3(2) 2010)
This solution is available to a child under the age of 18 who has a parent who previously spent three years in the UK and a grandparent who was born in the UK. While it usually requires the parent in question to have been British by descent at the time of the child's birth, it is possible - in some circumstances - to register the child for British citizenship where the parent subsequently acquired, or subsequently acquires, British nationality. Applications of this nature must be made before the child turns 18.
Watch this SHORT VIDEO by Mishal Patel and Philip Gamble explaining how this solution arises:
The key requirements are
- Child is under the age of 18;
- Born to a British parent (OR to a parent who would have been classified as British had it not been for gender discrimination legislation before 1983, or to a parent who renounced British Nationality before the child's birth but resumed it afterwards, OR to a parent who subsequently becomes British);
- This British parent has spent at least 3 years in the UK (with no more than 270 days of absence during a 3 year period); AND
- The child's relevant grandparent was born in the UK.
This is not a straightforward application and relies, among other things, on:
- satisfactory evidence of the relevant parent's UK residence; AND
- meeting the required number of days' residence in the UK during a 36-month period, taking account of holidays and other periods spent outside the UK.
In our experience, these applications often fail because the required standard of evidence of residence is not met or because of the strict application of the UK residence requirements. The UK Home Office makes the decision on a case-by-case basis and a degree of negotiation is often required.
Finally, we should point out that this provision is available only while a child is under the age of 18. As with several other routes to British nationality, eligibility can be lost permanently once the child turns 18.