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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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My friend is a half filipina/half british by mixed parents

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My friend is a half filipina/half british by mixed parents , although born in the philippines herself, she now holds dual citizenship (uk and Philippines).

If she has a child born in the philippines to a filipino citizen (not Uk) will the child automatically be entitled to be a Uk citizen albeit born overseas due to the mother being Uk citizen?

Thanks for your question.

Because she was herself born outside the UK she has UK citizenship by descent. This means that she cannot pass citizenship to such of her children born outside the UK unfortunately, if the father is not a UK citizen by birth (ie. not by descent).

If she has not lived in the UK for three years AND one of her parents was a UK citizen otherwise than by descent (ie. by birth) then she would have to move to the UK and live her with the child for a period of three years in order to then apply to register the child as a UK citizen. This would be under s3(5) of the British Nationality Act:-

If she does not do this then the child will not be eligible for UK citizenship I’m afraid.

Sorry it could not be better news

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Kind regards,

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