Can my children hold dual citizenship?

26 Jan 2024, 09 mins ago

British nationality law is an area of law that requires thorough assessment of eligibility and, depending on complexity, an extensive list of documentation.

Generally, in the context of British nationality law, dual citizenship is permitted in the UK. When applying for British citizenship, the applicant is permitted to retain their original nationality and, generally, those already naturalised as British citizens are not required to renounce their British citizenship. However, some countries do not permit dual nationality. Dual citizenship should always be checked in accordance with the law of your country of origin or with the nationality that you presently hold, and it is crucial that you make yourself aware of all the consequences for your present nationality that may flow from applying for British citizenship.

Whether or not your child is eligible to apply for British citizenship will depend on their specific circumstances. Children born in the UK to a parent who is either British or who holds settled status at the time of their birth, can generally acquire British citizenship by birth. If your child was born outside of the UK, and you are a British citizen, they may be British by descent, but this will depend on the way you have acquired your British citizenship in the first instance.

Alternatively, children can also be registered as British citizens in a number of scenarios. Most commonly, one can apply for a discretionary registration, provided that the applicant is under 18 at the date of application. If aged 10 years or over on the date of submission of the application, the applicant must show that they are of good character, and the Home Secretary must be satisfied that the applicant can be registered as a British citizen. The scope for such applications is wide, therefore, it is crucial to ensure that the requirements are met and the relevant supporting documents are presented. If you are not sure whether your child is already British or is eligible to apply for naturalisation, we strongly urge you to seek legal advice from an immigration specialist.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on XFacebookInstagram, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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