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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7591
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am a British citizen through birth - my mother was born in

Customer Question

I am a British citizen through birth - my mother was born in the UK in 1956, but moved to New Zealand in the 1980's.
I was born in 1986, and applied for and gained my British passport in 2009. I have lived in the United Kingdom since 2010, and intend to stay for some time.
However, there is a chance I may move to another country at some point. My question is, due to the fact that I am a British citizen and have called the UK home for over five years, if I move to another country (New Zealand, for argument's sake) would any children I have be eligible to inherit my right to a British passport?
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi,
Thanks for your question.
Where are when were your children born please?
Kind regards,
Tom
Customer: replied 1 year ago.
I haven't had any children yet, this is a hypothetical question. If I was to have a child outside of the UK, would they be eligible to a UK passport due to the fact that I've lived here for 5 years and am a citizen?
Expert:  Thomas replied 1 year ago.
Hi
Thanks for your patience.
I will be able to answer at 9 a.m.
Tom
Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If it is the case that you are a UK citizen by descent and were to give birth to children outside the UK, then you would not be automatically entitled to apply for their passports.
Instead, you would have to apply to register them as UK citizens first, which is different. Once you have received a certificate of registration as a UK citizen for your children then you can apply for their passports.
You can apply for registration if you meet the criteria under s3(2) of the British Nationality Act 1981:
http://www.legislation.gov.uk/ukpga/1981/61
You will see in this section that they can be registered as citizens if you are a UK citizen by descent and have spent more than three years in the UK before the date of their birth without leaving the UK for more than 270 days within the relevant three year period. So, if you meet this criteria then you can register them. You would have to apply using form MN1.
If your children were born in the UK then they would automatically be UK citizens and you would simply have to apply for a passport for them in the normal way.
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

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