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The contentious modifications to citizenship regulations imply that numerous Australians might unknowingly qualify as UK citizens if their parents were born either in the UK or one of its territories.
A Darwin couple, Jessica and Steven Sangster, faced disappointment when their much-anticipated family trip to see Steven’s aging parents in Scotland was derailed due to this complex rule change.
Although Steven was born in Australia in 1977, his father’s Scottish birth and subsequent return to live there automatically granted Steven British citizenship by descent.
After saving for years to visit his elderly and ailing parents, the family had to abandon their travel plans because of the “confusing” passport requirements.
“It’s been chaotic, incredibly stressful, and heartbreaking,” Jessica shared with Nine.com.au.
“Steven has been back to the UK as a kid to visit family, but has never held his own UK passport.
“He’s always travelled on his Australian passport.”
After it dawned on them that Steven may be an automatic British citizen, the couple attempted to contact UK authorities for clarity.
The UK government has guidelines on its website for how to check if you are British citizen.
It states that you may already be a citizen if you were born outside of the UK to a British father before January 1, 1983.
Steven falls into this category.
“But there’s no specific or individualised scenario information given. They don’t give that advice at all,” Jessica said.
A UK Home Office spokesperson previously confirmed that automatic citizenship does not need to be “claimed”, provided conditions are met at birth.
“Since British citizens cannot use an ETA, dual nationals, including children who hold dual citizenship by descent, but who may never have held a British passport, must now travel using a valid UK passport or a certificate of entitlement,” the spokesperson said.
“This requirement reflects the UK’s updated border processes rather than a change in their citizenship status.”
Australia’s Smartraveller advice also notes that “British citizenship by descent is automatic if you meet the conditions”.
“This means you don’t need to apply for citizenship to be considered a citizen,” the advice reads.
With their flight to the UK nearing and no definitive answers, they made the tough decision to cancel their trip altogether.
The next step is trying to apply for a British passport, which Jessica described as a “logistical nightmare”.
“We came to the conclusion that the turnaround of trying to get all the required information was not going to happen,” she said.
“With his parents nearing 80, the requirement to get the UK passport is that they need to send their original birth certificate and marriage certificate.
“So they’re very nervous to send that all the way to us in Australia.”
Steven among tens of thousands of Australians who have been left in the dark over their presumed citizenship status in the UK.
The couple are asking the very same question many dual citizens have raised.
“Why has it been forced on us?” she said.
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