ความคิดเห็นที่ 8
The topic owner was absolutely correct
Read : It is quite lengthy and complicated as so many rules have to be applied to each case.
http://www.bia.homeoffice.gov.uk/britishcitizenship/aboutcitizenship/
British citizenship is one of the six different forms of British nationality. Some of these were defined in the British Nationality Act 1981, which came into force on 1 January 1983. The laws that define how citizenship can be obtained changed on that date, which is why you will often see references to 1983 on this site.
The forms of nationality are:
- British citizenship;
- British overseas citizenship;
- British overseas territories citizenship;
- British national (overseas);
- British protected person; and
- British subject
Of these, only British citizens have an automatic right to live and work in the United Kingdom and to apply for a British passport. Those with other forms of British nationality must obtain permission to live and work here. They may be entitled to register as British citizens in certain circumstances.
You may already be a British citizen or be able to apply for citizenship or another form of British nationality. See Eligibility for more information.
A person may be a British citizen:
by descent; or otherwise than by descent.
This is a legal difference that affects whether or not a person can pass on citizenship to his/her children.
A person is a British citizen otherwise than by descent if he/she was:
- born in the United Kingdom after 1 January 1983 and one or both of his/her parents are British citizens, or were settled in the United Kingdom at the time of the birth; or
- adopted in the United Kingdom and one or both parents are British citizens.
A citizen otherwise than by descent can pass on British citizenship automatically to his/her children born outside the United Kingdom. But any children born outside the United Kingdom will be British citizens by descent, and cannot normally pass their citizenship to their own children born abroad. However, they can register their children as British citizens in certain circumstances.
A British citizen by descent cannot become a British citizen otherwise than by descent.
The position may be different for people born before 1 January 1983. In most cases, if you have a passport issued before 1983 which describes you as a British subject (or Commonwealth citizen) citizen of the United Kingdom and Colonies with right of abode in the United Kingdom, you will automatically be a British citizen
Chapter 4: Automatic acquisition by birth:
(a) outside the united kingdom and the Falkland islands on or after 1 January 1983 and before 21 may 2002; or
(b) outside the united kingdom and qualifying territories on or after 21 may 2002 Section 2 British nationality act 1981
4.1 Introduction
4.1.1 This Chapter deals only with the acquisition of British citizenship at birth by people born:
outside the United Kingdom and the Falkland Islands on or after 1 January 1983 and before 21 May 2002; OR
outside the United Kingdom and the qualifying territories (see Annex F to Chapter 6) on or after 21 May 2002
Chapter 20: British citizenship "by descent" and "otherwise than by descent"
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/nationalityinstructions/nichapter20/chapter20?view=Binary
20.1.3 British citizens by descent cannot transmit their citizenship to children born abroad except in the circumstances described in Chapter 4. British citizens otherwise than by descent automatically transmit their citizenship to children born abroad.
20.1.4 As a general principle, people are British citizens otherwise than by descent if they are British citizens:
by birth, adoption, registration or naturalisation in the United Kingdom or the Falkland Islands before 21 May 2002; or
by birth, adoption, registration or naturalisation in the United Kingdom or a qualifying territory (see Annex F to Chapter 6) on or after 21 May 2002; or
because, immediately before 21 May 2002, they were British overseas territories citizens by birth, adoption, registration or naturalisation in a qualifying territory; or
because they were adopted, on or after 1 June 2003, in any country under the terms of the Hague Convention on Intercountry Adoption 1993
20.1.5 People who are British citizens by birth or other means elsewhere are British citizens by descent.
20.1.6 There are a number of exceptions in the categories mentioned in 20.1.4 and 20.1.5, so this Chapter needs to be consulted in all cases where it is necessary to know whether a person is a British citizen by descent or otherwise than by descent.
2.2.4 The British Overseas Territories Act 2002
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/nationalityinstructions/nichapter2/chapter2?view=Binary
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/nationalityinstructions/nichapter36/chapter36?view=Binary
36.1.3 British overseas territories citizens "by descent" cannot transmit their citizenship to children born outside the British overseas territories except in the circumstances described in Chapter 24. British overseas territories citizens "otherwise than by descent" automatically transmit their citizenship to children born outside the British overseas territories.
Chapter 24.
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/nationalityinstructions/nichapter24/chapter24?view=Binary
24.1.2 The automatic acquisition of British overseas territories citizenship by those born either in a British overseas territory or elsewhere before 1 January 1983 is dealt with in Chapter 22.
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/nationalityinstructions/nichapter22/chapter22?view=Binary
If you'd like to learn more, you can visit
http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/nationalityinstructions/nivol1/
Thanks for reading.
Best wishes.
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genf  
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15 ก.ค. 51 04:11:27
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