What is a British citizen by descent?

A British citizen by descent holds British citizenship mainly because a parent passed it on, for example by being born abroad to a British parent. Section 14 of the British Nationality Act 1981 defines the term. A citizen by descent cannot normally pass citizenship to a child born abroad. A citizen otherwise than by descent can.

How citizenship by descent works

Every British citizen is one of two kinds. They are a British citizen by descent or a British citizen otherwise than by descent.^{[1]Home Office, Automatic acquisition of British citizenship: caseworker guidance (accessible)} The label matters for one reason. It decides whether the person can pass citizenship on to a child born outside the UK.

A British citizen by descent cannot normally pass British citizenship to a child born outside the UK. There is an exception for a child born to a parent serving abroad in Crown service, designated service or service under an EU institution. The guidance is clear that the label does not affect any other right or duty of a British citizen.^{[1]Home Office, Automatic acquisition of British citizenship: caseworker guidance (accessible)}

Section 14(1) of the British Nationality Act 1981 defines the term. A British citizen is “by descent” if, among other cases, they were born outside the UK after the Act began and are British under section 2(1)(a) only, or by registration under section 3(2) or section 9.^{[2]legislation.gov.uk, British Nationality Act 1981, section 14: Meaning of British citizen (by descent)} Anyone who falls outside that definition is a British citizen otherwise than by descent.^{[1]Home Office, Automatic acquisition of British citizenship: caseworker guidance (accessible)}

Section 2(1)(a) says a person born outside the UK after the Act began is a British citizen if, at the time of the birth, their father or mother is a British citizen otherwise than by descent.^{[3]legislation.gov.uk, British Nationality Act 1981, section 2: Acquisition by descent} So a child born abroad to such a parent is British automatically, and is British by descent.^{[4]Home Office, Form MN1: guidance (accessible version)} The guidance applies this rule to people born outside the UK on or after 1 January 1983. It lists separate rules for people born before that date.^{[1]Home Office, Automatic acquisition of British citizenship: caseworker guidance (accessible)}

By descent and otherwise than by descent

The Home Office guidance gives a general principle. People are normally British citizens otherwise than by descent if they are British by birth, adoption, registration or naturalisation in the UK. People who are British by birth or other means elsewhere are normally British citizens by descent. The guidance adds that there are a number of exceptions, so care is needed.^{[1]Home Office, Automatic acquisition of British citizenship: caseworker guidance (accessible)}

The route to registration matters. The MN1 guide says a child registered under section 3(2) is a British citizen by descent. A child registered under section 3(5) is a British citizen otherwise than by descent, and that child’s own children born abroad will be British by descent.^{[4]Home Office, Form MN1: guidance (accessible version)} A child born abroad to a parent in Crown or designated service is British otherwise than by descent.^{[4]Home Office, Form MN1: guidance (accessible version)}

Example

Mei was born in Leeds in 1990 to a parent who was settled in the UK. The MN1 guide says a child born in the UK to a settled parent is automatically British otherwise than by descent.^{[4]Home Office, Form MN1: guidance (accessible version)}

Mei’s daughter Lily was born in Singapore in 2012. Mei was British otherwise than by descent when Lily was born, so Lily is British automatically under section 2(1)(a). She is a British citizen by descent.

If Lily has a child abroad, that child is not automatically British. GOV.UK says that for a person who is British in this way, their children will not automatically be British if born outside the UK.^{[5]GOV.UK, Apply for citizenship if you have a British parent: you were born on or after 1 July 2006} That child may be able to apply to register. See double descent.

What people get wrong

Many people read “by descent” as a lesser or conditional kind of citizenship. It is not. The label affects only whether citizenship passes automatically to a child born abroad.

The Home Office guidance says the difference does not affect any other rights or duties that go with British citizenship.^{[1]Home Office, Automatic acquisition of British citizenship: caseworker guidance (accessible)} Another common mistake is to assume that every registered citizen holds the same kind of citizenship. Registration under section 3(2) gives citizenship by descent. Registration under section 3(5) gives citizenship otherwise than by descent.^{[4]Home Office, Form MN1: guidance (accessible version)}

The MN1 guide also says a person who is British by descent cannot change to British otherwise than by descent by applying to register or naturalise.^{[4]Home Office, Form MN1: guidance (accessible version)} To establish whether you hold British nationality, the guidance says to apply for a British passport or a certificate of entitlement to the right of abode.^{[1]Home Office, Automatic acquisition of British citizenship: caseworker guidance (accessible)}

The bottom line

A British citizen by descent holds British citizenship through a parent, usually because of birth abroad, and the law defines the term in section 14 of the British Nationality Act 1981. It carries the same rights and duties as any other British citizenship. The one difference is that it cannot normally be passed automatically to a child born outside the UK. Check which kind of citizenship you hold, and how your parents acquired theirs, before you plan for your own children. See British citizenship for how Compass can help.