How to get a British passport

Question

I live in Canada, but was told that if one of your parents or grandparents was born in England you can get a British passport. Is this true? How would you go about getting one?

Answer 1

You can only be a British passport holder if one of your parents was born in the UK. This is what the British embassy website says.

Descent from a parent

(a)  Father - children born before 01 July 2006

By legitimate descent from a father born, registered or naturalised in the UK. Legitimate descent in British nationality law requires the father to be legally married to the mother at the time of the birth.

Example – you would qualify if you were born overseas and at the time of your birth your father was British by birth in the UK or by registration or naturalisation in the UK and your parents were legally married at the time of your birth. Common-law relationships are not recognised for citizenship purposes.

If the parents marry after the birth, the marriage will normally serve to legitimate the child's birth but there is a particular procedure to be followed in order to establish this. The necessary forms will be sent on written request to our fax number [phone]. Please supply a full postal address.

If the parents choose not to marry, the father can apply for citizenship on behalf of a minor child (under 18).  See Am I eligible to register or naturalise?

If the parents never married and the applicant is over 18, the father cannot apply for citizenship, as this type of registration is only available to minors.

If the father is a British citizen not by birth but by registration or naturalisation in the UK only children legitimately born to him after the effective date of his registration will be eligible.

Through the  father Children born after 01 July 2006

A recent amendment to the British Nationality Act 1981 removes the requirement for a child to be "legitimate" in order to have a claim to British nationality by descent through their father. Males who are British citizens will no longer need to be married to the mother of their children or to apply for Home Office registration for them before their 18th birthday.

Proof of paternity will be a birth certificate for the child, issued within one year of the birth, in which the British citizen is named as the father. Alternatively, DNA test reports will be accepted.



(b)  Through the Mother  

There is an automatic claim if born after 1 January 1983 and mother born, registered or naturalised in the UK. If mother is a British citizen not by birth but by registration or naturalisation in the UK only children born after the effective date of her registration will be eligible.

Before the introduction of the British Nationality Act 1981 (effective 1 January 1983) a female born in the UK could not automatically pass on citizenship to her children.

On 7 February 1979 the government announced that a new Nationality Act would be introduced on 1 January 1983 allowing all children born on or after this date to claim citizenship automatically from a mother born in the UK.

However, the Act would not be retroactive and children born before the effective date would not benefit. In the meantime, a mother could apply for any child who was still a minor (under 18) to be registered as a British citizen at the discretion of the Secretary of State.

Many British women resident overseas were unaware of the announcement in 1979 and missed the opportunity to apply for citizenship on behalf of their minor children. Consequently, an amendment to the British Nationality Act 1981 has now been put into effect allowing all persons who would have been under 18 on the date of the announcement (7 February 1979) to register now.

All those born overseas to a British mother between 7 February 1961 and 31 December 1982 are now eligible to register as British citizens retroactively. See Am I eligible to register or naturalise

Those persons not born between the relevant dates cannot apply for registration. But, a commonwealth citizen with a mother born in the UK may have the right of abode and can apply for a Certificate of Entitlement to the Right of Abode allowing entry into the UK for work and residence purposes. Information can be found on the Immigration/Visa pages of this web-site.