This is the very common issue faced by families, including my own two children.
As a British Citizen, Otherwise by Descent, my daughter was born in the UK (who also became a British Citizen Otherwise by Descent) before we moved as a family to Asia, and had a second child overseas (who became a British Citizen by Descent).
We returned to the UK 8 years later, where the family for all intents and purposes has settled and will continue to live.
Both parents are still married, we live in the UK with the same children, together as a family unit.
My daughter is unrestricted on passing on her British Citizenship to her children.
My son cannot automatically pass on his British Citizenship to his children as he is a British Citizen by Descent (it is also worth noting that many countries do not provide jus soli citizenship rights by virtue of being born in another country, further weaking their overall citizenship rights – i.e. they cannot claim citizenship in the country they are born in and the UK restricts their own citizenship rights).
This failure creates unequal rights between siblings in the same family unit, the only distinction is one child is born in the UK, the other born overseas, to qualifying UK parents, and prejudices their ability to a family life, with restrictions, at the onset of their adulthood.
The policy that dictated the BNA81 was born out of a collapse of Imperial Power acknowledged in the Green Paper - British Nationality Law - Discussion on possible changes - written in 1977 with a backdrop of political unease of an influx of entitlement to British passports from former colonies.
In the 50 years since that was written the world has changed, the law has not.
You can read more on the backdrop to why on the blog here:
I simply want my children to have equal rights. The antiquated system of jus soli as outlined in the 1981 British Nationality Act is outdated and does not reflect modern society, citizens needs, the right for inclusion as well as basic equality.
The argument for jus sanguinis is out of date and is conflicted in allowing non UK born naturalised citizens to pass on their citizenship, but children born to British Citizens born overseas cannot.
The 1981 Act conflicts with itself.
The recent British Nationality (Irish Citizens) Act 2024, which added a new registration route under a new addition of section 4AA to the British Nationality Act 1981. whereby they will obtain British Citizenship by Registration. This in turn will enable eligible Irish Citizens to pass on their British Citizenship under this new section of the Act.
It is estimated in the 2021 Census published by the Office of National Statistics that in 2020, 3.9 million British nationals resident and living in the UK were born outside of the UK (1).
To estimate the quantum of British Citizens impacted by this issue, breaking this data down, it is estimated based on Home Office information that since 2000, there are at least 762,000 minors (2) who were registered having been granted British Citizenship, either because they are related to a British Citizen on the basis of entitlement to registration, or on a discretionary basis.
(1) Office of National Statistics - Population of the UK by country of birth and nationality: 2020https://www.ons.gov.uk/peoplepopulationandcommunity/populationandmigration/internationalmigration/bulletins/ukpopulationbycountryofbirthandnationality/2020
(2) Immigration system statistics data tables - https://www.gov.uk/government/statistical-data-sets/immigration-system-statistics-data-tables#citizenship
The UK has declining fertility rates. Given the broad diversity of citizenship within the UK, ensuring that returning Citizens by Descent can pass on their citizenship to their children, is one factor in help ensuring that future generations remain British Citizens.
Without that, the optionality and mobility that may be afforded by other citizenships, may act as a strong detractor to losing that association with the UK.
Not being able to pass on citizenship runs the risk of non-status for our children and grandchildren.