British Citizenship by Descent

Individuals from Pakistan who have British parents may be eligible for British citizenship by descent. That being said, British citizenship by descent can be very complicated. Eligibility and requirements depend on the specific situation of the individual and when they were born.

This is why it is best to seek out the assistance of a legal advisor here at Total Law. We can help you go through the citizenship by descent process, understand the eligibility criteria, and apply. To get started, give us a call at 0333 305 9375.

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    What Is British Citizenship By Descent?

    British citizenship by descent is an occurrence when an individual is born outside of the UK but has the right to citizenship due to having a British parent. British citizens who have acquired their citizenship by descent will have done so in one of these two ways:

    Citizenship by descent and citizenship otherwise than by descent are different. The latter can pass on their citizenship to a child who was born overseas. Those who are British citizens by descent are unable to pass on citizenship to children born outside of the UK.

    There is only one exception, which is when a child is born to a parent in an EU or Crown-designated service. British citizens, otherwise than by descent, will typically obtain citizenship through birth, naturalisation, adoption, or being registered in the UK or a territory that qualifies.

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    Who Is Eligible To Apply For British Citizenship By Descent?

    As per the British Nationality Act of 1981, the eligibility criteria for a British citizen by descent will depend primarily on the date the applicant was born outside of the UK. This is split into 3 categories.

    • Those born on or after the 1st of July, 2006.
    • Those born between 1983 and June 2006.
    • Those born before 1983.

    If You Were Born On Or After 1st July 2006

    Those who were born on or after July 1st, 2006, could obtain British citizenship automatically if they were born overseas and either of their parents were British citizens when they were born and the parent was able to pass on their citizenship to them.

    Those born in this period who do not qualify for British citizenship by descent automatically can apply for citizenship.

    If this is the case, the applicant must fit one of the following criteria:

    • The applicant must have resided in the UK with their parents; if so, the following applies:
    • The applicant must be under 18 years of age.
    • At least one parent was a British citizen at the time of birth.
    • The applicant must have lived with their parents for a minimum of 3 years before applying.
    • The applicant and their parents must not have been outside of the UK for more than 270 days in the 3 years before applying.
    • The applicant must have a British parent who lived in the UK before they were born; in this case, the following will apply:
    • The applicant must be under 18 years old.
    • Either of the applicant’s parents must have been British citizens at the time the applicant was born.
    • The applicant’s parents must have lived in the UK for at least 3 years before the applicant’s birth and must not have been absent from the UK for more than 270 days in this period.
    • The British citizen parent of the applicant will have had a parent who had British citizenship and was able to pass on citizenship. Thus, the applicant’s British citizen parent will need to have been adopted, acquired citizenship in their own right, or worked as a Crown servant.
    • The applicant was adopted into the country.

    If You Were Born Between 1983 and June 2006

    It is possible to be automatically considered a British citizen if born overseas between 1983 and 2006 if the applicant had a British parent who was classified as a citizen at the applicant’s birth and the British parent was able to pass on citizenship. If the father held citizenship but the mother did not, the couple should have been married for these rules to apply.

    Applicants can still apply even though they may not qualify for automatic citizenship if the British father was not married to the applicant’s mother at the time of birth. This is possible in the following circumstances:

    • The father was born or adopted in the UK.
    • The father applied for and obtained citizenship.
    • The father was a Crown servant at the time of the applicant’s birth.

    If You Were Born Before 1983

    Those born before 1983 will automatically obtain citizenship if they were born overseas, provided the following apply:

    • The applicant was born overseas.
    • The father is British.
    • At the time of the applicant’s birth, their father was:
    • A UK or UK colony citizen.
    • Married to the mother of the applicant.
    • Able to pass on citizenship.

    However, even where the applicant does not fit these criteria, they may still meet criteria such as:

    • The applicant’s parents were not married at the time of birth.
    • Their mother was British, but their father was not.
    • Their mother or father was a UK or colony citizen at the applicant’s time of birth, and they were one of the following:
    • Born or adopted in the UK.
    • Applied for and obtained citizenship.
    • A Crown servant at the time of the applicant’s birth.

    Our expert lawyers can guide you through the process of obtaining a British citizenship by descent. Contact Us

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      Apply For British Citizenship By Descent

      Those who do not automatically qualify as British citizens by descent can apply to obtain citizenship. Those who do automatically classify need to do nothing else but apply for a British passport.

      Those who apply will need to ensure they use the correct application form to do so:

      • Form MN1 is for those born on or after July 1st, 2006.
      • Form UKF is for those born between 1983 and June 2006.
      • Form UKF is for those born before 1983 with a British father.
      • Form UKM is for those born before 1983 with a British mother.

      Applicants need to complete the online application form, and once this is done, they will need to do the following:

      1. Pay the relevant application fee of £1,500 if needed.
      2. Pay the citizenship ceremony fee, which is £80.
      3. Pay the fee for biometrics, which is £19.20.
      4. Make a UKVACS appointment to provide biometrics. There are 6 visa application centres in Turkey:
      • Adana.
      • Ankara.
      • Antalya.
      • Bursa.
      • Istanbul.
      • Izmir.
      1. Upload all your supporting documentation, or get them scanned at the UKVACS appointment.

      The above fees do not need to be paid by everyone; it depends on the birth year and individual circumstances.

      What Is British Citizenship By Double Descent?

      Citizenship by double descent is when a person may be eligible for British citizenship through a grandparent. Whether or not they are eligible will also depend on their year of birth.

      If You Were Born After 1st January 1983

      Those born before 1983 may be eligible for British citizenship by double descent in one of the following cases:

      • The applicant’s grandfather was UK-born and was in the Crown service at the time of the relevant parents’ birth.
      • The applicant, or one of their parents, was born in a former British colony.
      • One of the applicant’s parents had a mother who was born in the UK, but their father was not British but was registered as a British citizen between February 2nd and December 31st, 1982.

      If you Were Before 1st January 1983

      Citizenship by double descent is possible for those who fit one of the following criteria:

      • The applicant, or one of their parents, was born in a former British territory.
      • The applicant, or one of their parents, was registered as a British citizen.
      • One of the applicant’s parents was in the Crown service during the time of the applicant’s birth.
      • The parents married before 1949, and the father was born in the UK.

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        If You Were Born before 1949

        Those born before 1949 may be eligible for British citizenship via double descent in any of the following cases:

        • The applicant and one of their parents were not born in a Commonwealth country and were born before 1915.
        • The applicant, or one of their parents, was born in a previously British territory.
        • The applicant had a mother or grandmother who was married to a British man before 1949.

        British Citizenship By Descent Requirements

        The only requirements for citizenship by descent are that the applicants meet the eligibility requirements via their descent and have proof of this.

        Applicants should expect to provide supporting documents that prove their eligibility, including:

        • The applicant’s birth certificate
        • Parent birth certificates.
        • Parent passports.
        • Marriage certificates.

        Applicants should also expect to have to provide evidence of their current nationality and residency status.

        British Citizenship By Descent Processing Time

        Citizenship applications will typically be processed within 6 months. However, this does depend on the individual situation. It can take longer if the applicant needs to attend an interview or if there are any issues or complications with the application.

        Once the applicant has been granted citizenship by descent, they will then need to book an appointment with the local council for a citizenship ceremony.

        British Citizenship By Descent Application Fee

        The fees faced for British citizenship by descent will depend on the specifics of your situation. The application itself costs £1,500, and there is typically an £80 fee for the citizenship ceremony and a £19.20 fee for biometrics appointments.

        However, these fees do not all need to be paid by every applicant. Some applicants may not have to pay all the above fees, but it is best to have it ready.

        Contact us today to start your journey toward British citizenship by descent. Contact Us

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          What Happens After You Get British Citizenship By Descent

          Once the applicant acquires British citizenship by descent, they obtain the right to remain in the UK indefinitely and will have the same rights as an individual born in the UK. Applicants can also apply for a British passport, live, study, work, and access public funding in the UK.

          Applicants also get the right of abode, so there is no requirement for a visa to enter the UK.

          Dual Citizenship And The UK

          The UK does allow dual citizenship, and Turkey does also, which means that Turkish individuals who acquire citizenship by descent in the UK do not need to give up their Turkish citizenship.

          The primary benefit in place for those who obtain dual citizenship is that they can freely travel and live in both countries without restriction. However, those who do obtain or seek dual citizenship should note that, as a dual national, there may be the potential for double taxation.

          How Can Total Law Help?

          Those who were born outside the UK to a British citizen may be able to become a British citizen by descent. Those who are not automatic citizens can claim British citizenship if they have a UK-born parent or a parent who holds British citizenship.

          As a Turkish individual with a British parent, you may be eligible to apply; however, you will need to ensure you meet the requirements and will also need to prepare any documented proof to back up your eligibility claims. This is why it is highly advised to seek out the assistance of a legal advisor.

          Here at Total Law, our legal team is well-versed in immigration and citizenship laws. So, if one of your parents holds British citizenship, you can apply for British citizenship, and we can help you do so. Simply contact us today at 0333 305 9375, and we will get you started on applying for British citizenship.

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