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| || |Hello all,
My mum was born in the UK, I hold a UK passport by descent and married to a non EU on b permit, if my wife gives birth here in Switzerland, would my baby be eligible for a UK passport by descent too by 2nd generation descent?
Getting mixed information on different websites.
According to section3(2) in the below website, my baby will be eligible.
Not sure about the gov website though
Anyone been in this situation?
Or should she just go and give birth in the UK to avoid hassle down the line ?
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Section 3(2) of the British Nationality Act 1981 remains in force, so while the child of a British citizen by descent born outside of the UK is not a British citizen at birth, he/she does have an entitlement to registration as a citizen *if* the citizen-by-descent parent was born to a citizen-otherwise-than-by-descent (which seems to be the case in this instance as the OP's mother was UK-born) *and* the citizen-by-descent parent lived in the UK for a continuous 3 year period (with no more than 270 days' absence) at some point before the child's birth. A child thus registered becomes a British citizen by descent and would therefore not be able to pass on citizenship to children of his/her own born outside the UK.
Note that there is also a provision under Section 3(5) of the BNA 1981 for the non-citizen child of a British citizen by descent to be registered as a citizen at the end of three years' residence with his/her parents in the UK. In this case, the child would become a citizen otherwise than by descent and would automatically pass on British citizenship to his/her own children born outside of the UK. So if there is a good chance that the OP will returning to the UK in the near future, this might be worth considering.
Note, too, that in both cases, the registration must take place while the child is still under 18.
All of this spelled out in the relevant official guidance: https://www.gov.uk/government/upload..._June_2015.pdf
Would the child automatically obtain the nationality of your non-EU wife? If not, he/she could technically be stateless at birth, though the entitlement to registration as a British citizen provides some recourse for that ...