United Kingdom - Passport & Nationality - British Citizenship by Double Descent (Section 3(5))

This solution is available to a child under the age of 18 who is resident in the UK. Registrations of this nature must take place before the child turns 18.

The key requirements are the following:

 - Child under the age of 18;

 - Born to a British parent (OR to a parent who would have been classified 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 after the child was born (with no more than 270 days of absence during a 3 year period); AND

 - A parent of this parent (i.e. the child's relevant grandparent) would be classified as being British otherwise than descent in the modern day.

This is not a straightforward application and relies on (amongst other things):

 - satisfactory evidence to prove the UK residence; AND
 - a specified number of days resident in the UK during any 36 month period (so account being made of annual holidays and periods of residence outside of the UK).

In our experience, these applications often fail because the standard of evidence of residence is not met, and the strict application of the rule about residence in the UK. 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 only available while a child is under the age of 18. This provision - as do several others - falls away when a child turns 18 and can be lost forever.