Section 2 of the British nationality Act 1981 says: A person born outside the United Kingdom and the qualifying territories after commencement shall be a British citizen if at the time of the birth his father or mother—, (a) is a British citizen otherwise than by descent; or [emphasis added]. This process is called claiming double descent. British citizenship by double descent - Grandparents. Becoming a citizen, Life in the UK test and getting a passport. In extraordinary cases (like double descent) it’s especially crucial to have a registered British citizenship caseworker assess your case before you take the plunge and apply to the Home Office. We suggest you contact the United Kingdom’s department of immigration for more information : https://www.gov.uk/government/collections/british-overseas-territories-citizens-botc-nationality-guidance. However, if your father was resident in the UK for at least three years, you could be eligible to be registered as a British citizen. This means that if your mother inherited her British citizenship from her father, who was born in the UK, then you too could have claim to British citizenship. I missed this 6-month window of opportunity unknowingly (I turned 18 in June 2010). Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube. We can unfortunately not assist with general immigration queries as we specialise in the areas of financial emigration. Based on the Romein supreme court ruling, certain persons will be eligible to be registered as a British citizen, via the so-called ‘double descent’ route. If you have a British grandparent, and you are a Commonwealth citizen, then, even if you are not British, you may be able to come to the UK on the. If you are making an application under Section 6(1), you will need to demonstrate that your intention... One of the requirements in order to register or naturalise as a British Citizen is to be of ‘good character’. Am l eligible to become a citizen. We suggest making contact with a reputable UK Visa business. You may already know that there are many unusual ways in which you could claim British citizenship. This guidance tells Home Office staff how to consider whether an individual has an automatic claim to British citizenship. Unfortunately we cannot assist with general immigration queries as we only specialize in financial emigration. Adults Born Before 1 Jan 1949 So, for example, if you were born outside the UK after 01 January 1983 and your British parent is British by descent, you will not be British by descent. I then discovered a few days ago that the law changed in Jan 2010 to allow people under the age of 18 with a British-by-descent parent (who lived in the UK for at least two years) and British-born grandparent to register as British citizens. Claim British citizenship by double descent There are provisions in law allowing a claim to British citizenship based on having a grandparent (and, in rare cases, a great grandparent) born in the UK. Following. If you were born after 1 January 1983, you may have a claim to British citizenship if: You or a parent were born in a former British colony ; Your grandmother was born in the UK, and your relevant parent was registered as a child before 1983 ; You have a UK … To the uninitiated, the rules on British citizenship can appear complex and sometimes confusing. You would have to do this before you turn 18 as … Once you have made the move abroad you’re more than welcome to contact us to transfer any policies and assets from South Africa to your new home country. The Appellant in … You are not automatically British as British citizenship only passes down one generation outside the UK. 0 0. Any suggestions would be useful. We use cookies to facilitate your use of our website. However all the emigration attorney sites state only “maternal grandfather” and the UK Home Office will only give me a response if I go ahead and lodge a UKM application – thus risking rejection with no idea of whether there is legal precedent for claiming via a maternal grandmother. Post by amsj11991 » Fri Jul 03, 2020 5:52 pm Hi, I am currently looking into the right that my mom has to apply for British Citizenship by double descent. It is not like in the USA where every child born there is a USA citizen (if they can prove it). To qualify for British Passport you must first be a British Citizen. Also, if both you and the British parent you are applying through were born outside of the UK, your chances of acquiring a passport by descent … A British citizen by descent cannot automatically pass citizenship to a child born outside the UK. What is British Citizenship by Double Descent? Double descent will require you to meet certain guidelines depending on when you and your grandparents were born. You can claim British citizenship by descent grandparent if you meet certain UK nationality requirements. Licensed South African Financial Services Provider FSP # 42872 | FinGlobal | © 2017. British Citizenship By Double Descent. You can claim British citizenship by double descent if you have a grandparent (and in rare cases a great-grandparent) born in the UK. I saw your post of facebook. This meant that people were told they were not eligible for British citizenship because they were applying for it through their mother’s grandfather. Copy of Applicants Parent(s) British passport. This site uses Akismet to reduce spam. Many Thanks, We would recommend you to visit UK government’s website for more information https://www.gov.uk/government/organisations/uk-visas-and-immigration. Maybe this will be of assistance: https://moveup.co.za/uk-visa-solutions/uk-visa-option-for-sa-passport-holders/uk-birth-rights-explained/grandparent-born-in-the-uk/, Your email address will not be published. Subscribe to the FinGlobal newsletter to receive all the latest news and information regarding our services and South African Expats. British citizenship through Double Descent. Your email address will not be published. For example, as a citizen of South Africa, you might have a British... To arrange an initial consultation meeting, call our immigration barristers on 0203 617 9173 or fill out the form below. Home » Are you eligible for British citizenship by double descent? Some historic types of British nationality no longer exist. South African citizens that are under the age of 18 are exempt and do not have to apply for dual citizenship, as long as they acquire the foreign citizenship before their 18th birthday. A change in British nationality law means that thousands of South Africans, who were previously prevented from claiming British citizenship, are now able to. After years of gender discrimination in British nationality law which prevented thousands of South Africans from claiming British citizenship by double descent, the UK’s Supreme Court has fixed one of the injustices. Applicants Grandparent full UK birth certificate. Until 1983, a person born outside British controlled territory who had a father who was British by descent could be British if their birth was registered at a British consulate. Applicants Parent(s) Vault copy of birth certificate. Charities, volunteering and honours Claiming British Citizenship by descent (grandparent) – also known as British Citizenship by double descent – is based on at least one of your grandparents being British. Children born outside the country from UK nationals can acquire British nationality “otherwise than by descent”. By acquiring British citizenship by descent, you can become a UK national even if you were born abroad. Adults Born After 1 Jan 1949. Learn how your comment data is processed. My mother has successfully claimed citizenship via her mother’s British citizenship rights. Prior to the current Act coming into force in 1983, only British fathers were able to pass on citizenship as long as the birth was registered at a British consulate within a year. It is also important to note that British citizenship (which entitles a person to reside in the UK without immigration restrictions) is just one form of British nationality. Evening. Specific scenarios for children under 18 for example may apply and provide eligibility for double descent, but will not be available once the child turns 18 and becomes subject to adult nation… 1. Questions about British Citizenship by Double Descent EDIT : I was mistakenly titling this as a double-descent issue, when I suspect it's actually an ancestry visa I'm inquiring about. I’ve read through the Romein case and as far as I can see it does not exclude claiming citizenship through the maternal line for more than one generation. Required fields are marked *. Delivering a judgment which makes no attempt to disguise his academic interests as a historian, Lord Sumption delivered a simple solution to a question of statutory interpretation that has been described as “impenetrable” by … We cover three scenarios relevant to a claim: Children Under 18. Claiming citizenship by double descent means you are claiming citizenship as a result of a UK-born grandparent. British Citizenship by Double Descent (Losing South African Domicility Pre 1949) British Citizenship by Double Descent (Marriage before 1949 with RoA) British Citizenship by Double Descent (Marriage - Mother in Law) British Citizenship by Double Descent (Mother Territory) British Citizenship by Double Descent (Mother with Abode) The British Nationality Act 1981 specifically defines the categories of people who are British citizens by descent. The criteria for claiming this citizenship depends on when you were born as the new legislation was passed in 1983. Any British citizen not falling into one of these categories is a British citizen otherwise than by descent.The following are the main categories of persons who are British citizens by descent:Persons born since 1 January 1983 1. Richmond Chambers LLP is a limited liability partnership registered in England and Wales and authorised and regulated by the Solicitors Regulation Authority (licence number: 597974). If you do not do this, you automatically forfeit your South African citizenship when you acquire your British citizenship. Source(s): https://owly.im/a9aXv. your mother inherited British citizenship … Plus my wife and 2 girls. If you have acquired a second citizenship in addition to your South African citizenship and would like to know more about how you can maximise your finances through financial emigration, accessing your South African retirement annuity and our tailor-made tax solutions for South Africans around the world, contact FinGlobal today. British Citizenship by double descent, new ruling « on: August 21, 2018, 06:57:39 PM » Those born between 1949 and 1983, in a country that was not at the time in the British Commonwealth, and who has a maternal grandfather who was born in the UK, should now be able to register as a British citizen due to the recent Advocate General for Scotland v Romein ruling. This is known as double descent. If you continue without changing your settings, we’ll assume that you are happy to receive all cookies on FinGlobals website. A query with respect to claiming citizenship by double descent. Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube. Last year we had a particularly strange case in which a man claimed British citizenship from someone who he wasn’t related to! Applications through the female line were to be dealt with on the same terms as applications for citizenship by descent from the father. We use cookies to ensure that we give you the best experience on our website. FinGlobal unfortunately only assists with financial emigration matters and not general immigration queries. That is, I believe that as my maternal grandmother was British born, I should be eligible via double descent. If your father was born in the UK after 1 January 1983 and was British at the time of your birth, then you are a British citizen at birth and by operation of law (that is, without any need to apply). British Citizenship by Double Descent. Claiming citizenship by double descent means you are claiming citizenship as a result of a UK-born grandparent. Read the 350+ five out of five star Google reviews of our immigration barristers. British Citizenship by Double Descent. In this article, we would be looking at how any individual can be eligible to obtain a British Passport if they are qualified for the British Citizenship by Double Descent. In the UK Laws, there are provisions which permit an applicant to make a claim once their great grandparent or grandparent was born in the United Kingdom or is British. Sign up and receive our latest expert briefings, case-law alerts and immigration guides. How can you qualify for British Citizenship by Double Descent and be eligible to get a British Passport? https://www.gov.uk/government/organisations/uk-visas-and-immigration, https://www.gov.uk/government/collections/british-overseas-territories-citizens-botc-nationality-guidance, https://moveup.co.za/uk-visa-solutions/uk-visa-option-for-sa-passport-holders/uk-birth-rights-explained/grandparent-born-in-the-uk/, The Living Annuity Lowdown: Here’s What You Need To Know, Four Things You Need to Know About Selling Your South African Property As An Expat, Your UK-born grandfather was in the Crown service at the time of your parent’s birth, Your parent had a UK-born mother (and this parent did not have a UK-born father) and was registered as a British citizen between 2 February 1979 and 31 December 1982, A parent was born in a former British colony, A parent in Crown service at the time of their birth, Being born, or having a parent born in a former British territory, Having parents married before 1949 with a paternal grandfather born in the UK, Your mother was married to a UK citizen before 1 January 1949 (even if the man was or was not your father). There are provisions in law allowing a claim if a grandparent or great grandparent was British or was born in the UK. This new route to UK citizenship affects thousands of previously ineligible people across the world. However, if you would like to, you can change your cookie settings at any time. There are many types of British nationals, most of whom do not automatically have a right to live in the UK. Therefore, if you have a British parent and would like to know if you are a British citizen, you should seek expert legal advice. Until 1983, a person born outside British controlled territory who had a father who was British by descent could be British if their birth was registered at a British consulate. 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If an individual is over 18 and has made a successful application to become a British citizen, they will be required to attend a citizenship ceremony. The British Nationality Act 1981 allows individuals to naturalise under either Section 6(1) or 6(2) of the Act. In this case they automatically retain their South African citizenship for life, unless, once they have reached the age of 18 they wish to acquire a further foreign citizenship – in which case they will have to apply for prior permission to retain their South African citizenship. There are exceptions for children born outside of the UK whose British parents were  in crown designated or EU service (sections 2(1)(b) and 2(1)(c) of the British nationality Act 1981). This applies to anyone over the age of 10 at the date of application. You or one of your parents was born in a former British colony. Born outside the United Kingdom who automatically acquired British citizenship at birth. To qualify for a British passport through double descent and UK residence, the applicant needs to evidence the following: Applicants Vault copy of birth certificate. However, there are guidelines put in place which you can follow if you are looking to claim British citizenship by descent through a grandparent. My father was South African, my mother Rhodesian. Double descent claims are usually taken on a case-by-case basis. This meant that people were told they were not eligible for British citizenship because they were applying for it through their mother’s grandfather. Published 27 July 2017 Last updated 24 July 2019 + … Hi, Hope you well. In some cases, British Citizenship by ‘double descent’ may be attainable where at least one of your grandparents was British or born in the UK. Maggie. By visiting this website, you consent to our. If you were born outside the UK and your British parent was British otherwise than by descent, for example, because she naturalised as a British citizen, you will be British by descent. Many South African citizens have some connection to the UK which may give rise to a basis on which they can apply for a visa to move to the UK. In 2003, this right was also applied retrospectively to those born before 1983. There were different provisions for those who were born before 01 January 1983. Failing to do so, they will automatically lose their South African citizenship. You can get your citizenship status on the basis of a parent’s or, in some cases, grandparent’s British nationality. Unfortunately, there is no such thing as British citizenship by Double Descent for those born after 01 January 1983. If you were born after 1 January 1983, you can claim citizenship if: If you were born before 1 January 1983, the situation becomes more complex and each case needs to be considered on an individual basis. Please could you give me further information about applying for British citizenship? These individuals became British citizens by descent. Claiming British citizenship by double descent. Citizenship by double descent; British nationality law allows claims to come from a UK-born grandparent (known as double descent). Inheriting British citizenship by double descent is just one such way. To summarize, three conditions need to met for the applicant to consider this approach feasible. The Home Office reviews any claim for British citizenship by descent and judges it on a case-by-case basis. **Please note that FinGlobal cannot provide you with UK Visa and residency advice, however, we can definitely assist with your financial emigration and foreign exchange…. My mother was born in 1948 to a British-born mother and South African father. South Africans born during the British Consulates registration period are affected by this judgement. The Supreme Court has opened up British citizenship by double descent to all children born to British women in non-Commonwealth countries between 1949 and 1983. I'm looking into possibly emigrating my family (wife and I, plus two kids) to the UK in the future (possibly within 10 years) and I'm wondering what my chances are. There are a number of complexities in establishing whether a parent is British by descent and there are many different ways to acquire British citizenship. Hi There my Mom is a British citizen. , those who had a mother who was British by descent can also benefit. Lv 7. Browse: Citizenship and living in the UK A to Z. British citizenship . I was born prior to 1983 in South Africa. In summary, you will need to: For expert advice regarding your entitlement to British Citizenship, contact our specialist nationality law barristers on 0203 617 9173 or via our contact form below. The individual is required to attend a ceremony by law. This means that he or she will, in turn, be able to transmit this status to future generations born either abroad or in the UK. Common applications include people who have: If you were born before January 1949 claims are a lot less common but can be valid if: If you are able to claim British citizenship, it is important to remember that in order to retain your South African citizenship you must get written permission from the Minister of Home Affairs prior to applying for your second citizenship. Welcome to Richmond Chambers. If you are looking into your family history to try to establish whether you are or may be British, this is something to be aware of. 6 years ago. The first solution. The change in the law affects all South Africans who have a mother who is British by descent. Have a grandparent who was born in the United Kingdom, the Channel Islands, the Isle of Man, on a British-registered ship or aircraft or in the Republic of Ireland before 31 March 1922; Intend to work or be self employed in the UK; Be able to maintain and accommodate yourself in the UK. British Citizenship by descent (grandparent) applications will be considered on discretionary grounds, and it will be for the applicant to provide sufficient evidence to support their claim. The British Nationality Act 1981 introduced the right to pass on citizenship by descent through the female line for those born from 1 January 1983 onwards. Only .doc or .pdf files. Are you eligible for British citizenship by double descent? The change in law puts an end to gender discrimination, which previously prevented UK citizenship from being transferred through the female line. The criteria for claiming this citizenship depends on when you were born as the … Section 2 of the British nationality Act 1981 says: A person born outside the United Kingdom and the qualifying territories after commencement shall be a British citizen if at the time of the birth his father or mother— (a) is a British citizen otherwise than by descent; or [emphasis added] The effect of the words “otherwise than by descent” is that there can be no “double descent”. If you were to ask someone on the street what the difference is between ‘citizenship by descent’ and ‘citizenship otherwise than by descent’, it is likely you will, understandably, see a few blank faces. There were different provisions for those who were born before 01 January 1983. Immigration barrister members are also regulated by the Bar Standards Board. Following Advocate General for Scotland v Romein [2018] UKSC 6, those who had a mother who was British by descent can also benefit. Basically, her grandfather was born in Antigua and Barbuda, and emigrated to the Dominican Republic, where he got married (with a Dominican) and had children. Attach a file if it supports your enquiry. My maternal grandmother was born in London before World War I. The effect of the words “otherwise than by descent” is that there can be no “double descent”. If you have a British grandparent, and you are a Commonwealth citizen, then, even if you are not British, you may be able to come to the UK on the UK Ancestry visa route. Since birth registrations at the British Consulate was permitted, it granted a potential route for citizenship by double descent in the male lines. We’ve got our finger on the pulse, making sure you’re up-to-date. If you have a mother who is British by descent (i.e. If you were born outside the UK, and so was your British parent, you are unlikely to be British by descent. 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