BC by Descent (1st generation born abroad)

Eligibility is automatic and arises at birth (no application, no grant): the child is born outside the UK and the qualifying territories on or after 1 January 1983, and at the moment of birth at least one parent is a British citizen otherwise than by descent. 'Otherwise than by descent' parents are those who became BC by birth in the UK, by adoption, by registration (most heads), or by naturalisation in the UK. A parent who is themselves BC by descent does NOT qualify the child under this route (that is the one-generation cut-off; such families fall to s.3 registration or the Crown/designated-service exceptions). Parentage for births is read with s.50(9A) (paternity proof) and s.50(9)/(9B) rules.

Because acquisition is automatic at birth, there are no residence, language, good-character, fee or test requirements for the citizenship itself. The only operative requirement is the parent's status as a British citizen otherwise than by descent at the time of the birth (BNA 1981 s.2(1)(a)). To EVIDENCE the status, the family applies for a first British passport or a s.45 status confirmation, supplying: the applicant's foreign birth certificate; the BC parent's UK birth/adoption certificate, registration certificate or naturalisation certificate showing 'otherwise than by descent' status; and, where paternity is in issue, proof under s.50(9A). HM Passport Office assesses entitlement; no nationality 'application' or fee is needed to BE a citizen, only to obtain documentary proof.

No nationality application is filed to acquire the status; the child is a British citizen by operation of law from birth. The practical process is evidentiary: apply to HM Passport Office (an executive agency operating under the Home Secretary's BNA functions) for a first British passport for a child born abroad, or for a s.45 certificate confirming nationality where status is disputed. Decisions on documentary entitlement are made administratively by HMPO/UKVI caseworkers applying the Home Office 'British citizenship: automatic acquisition' and 'British citizenship by descent' nationality guidance. Refusal of a passport on nationality grounds is challengeable by judicial review and (for nationality-status determinations) by s.45 procedures; there is no statutory in-country appeal for an automatic-acquisition determination.

There is NO fee to acquire British citizenship under s.2(1)(a) because the status is automatic at birth (no application is made). Costs arise only for documentary proof. A first UK passport application (the usual route to evidence the status) carries the standard HM Passport Office passport fee, not a nationality fee. The naturalisation and registration fee lines in the Immigration and Nationality (Fees) Regulations do NOT apply to this route, as no registration or naturalisation occurs. Where a s.4C/s.3 registration alternative is used instead (for families who fall outside s.2(1)(a)), separate registration fees apply (e.g. child registration £1,000 as of 8 April 2026; adult registration £1,540).

GB-DSC-01 is governed by British Nationality Act 1981 (c.61) s.2(1)(a): a person born outside the United Kingdom and the qualifying territories on or after commencement is a British citizen if at the time of the birth a parent 'is a British citizen otherwise than by descent.' The whole Act came into force 1 January 1983 (commencement order SI 1982/933 art.2). The qualifying-territories words in s.2(1) were inserted (21.5.2002) by the British Overseas Territories Act 2002 (c.8) Sch.1 para.2; SI 2002/1252 art.2. A child acquiring citizenship under s.2(1)(a) is itself a British citizen 'by descent' (s.14(1)(a)), which fixes the one-generation transmission limit for this route.