Citizenship by Descent

Example scenarios

• Citizen by descent at birth under s.91(c).

  Constitution s.91(c): a person born outside SKN is a citizen at birth if at the date of birth either parent is (or but for death would have become) a citizen employed in service under the Government, or an authority of the Government, that requires residence outside SKN for the proper discharge of functions. The diplomatic posting satisfies the qualifying-government-service condition; transmissible through either parent.

• NOT a citizen by automatic descent — no general born-abroad-to-citizen-parent rule.

  Positive disconfirmation. Constitution s.91 confers automatic citizenship on a child born abroad only under s.91(b) (parent a citizen by virtue of s.90(a), the founding generation) or s.91(c) (parent in qualifying government service abroad). An ordinary citizen mother in private employment abroad fits neither limb, so the child gets NO automatic descent. KN has no general multi-generational jus sanguinis.

• Citizen by descent at birth under s.91(b) — but ONE generation only.

  Constitution Constitution s.91(b) (child born abroad to a parent who is a citizen by virtue of s.90(a) — the founding/independence generation; one generation only): a person born outside SKN is a citizen at birth if at the date of birth either parent is, or but for death would have become, a citizen by virtue of s.90(a) (the founding/independence jus-soli generation). This is the only ordinary born-abroad descent path, and it is structurally one-generation: the s.91(b) child is a citizen by descent, not by s.90(a), so cannot in turn pass it abroad.

• Registration possible only inside the closed transitional s.90(f)/(c) channel, not as live automatic descent.

  Constitution s.90(f) made a person a citizen on 19 Sep 1983 where a grandparent became (or but for death/renunciation would have become) a citizen under s.90(a)/(b) AND the person was a British/BDTC citizen immediately before that date. The administrative 'Citizenship by Descent' guide (HC Ottawa) processes this grandparent/parent chain to a 1983 citizen; it is a transitional/documentary registration, not a continuing born-abroad pathway. Doc burden: grandparent->parent->applicant birth-certificate chain.

• May be registered at the Minister's discretion under Citizenship Act s.3(2) — a transitional discretionary registration, not automatic acquisition.

  Citizenship Act Cap 1.05 s.3(2): a person who would, but for the fact that he or she was NOT on 19 Sep 1983 a citizen of the UK and Colonies / British citizen / BDTC citizen, have become a citizen under s.90(a) of the Constitution, MAY (subject to ss.3(4),(8),(9)) be registered at the Minister's DISCRETION. This closes a transitional gap for the founding generation whose UK/BDTC status was absent at independence; it is discretionary registration, expressly disapplied (s.3(4)) for persons already entitled under s.90(d) or s.92(1)(a)/(e)/(f). Distinguishes the closed transitional s.3(2) channel from live automatic s.91 descent.