british citizenship by double descent

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Your email address will not be published. The British Nationality Act 1981 specifically defines the categories of people who are British citizens by descent. The first solution. Are you eligible for British citizenship by double descent? 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. This meant that people were told they were not eligible for British citizenship because they were applying for it through their mother’s grandfather. 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 Home Office reviews any claim for British citizenship by descent and judges it on a case-by-case basis. 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. Claiming citizenship by double descent means you are claiming citizenship as a result of a UK-born grandparent. 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. This new route to UK citizenship affects thousands of previously ineligible people across the world. 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. In such situations, the relevant father is considered as being British other than by descent and passes British citizenship to … However, if you would like to, you can change your cookie settings at any time. Any suggestions would be useful. Failing to do so, they will automatically lose their South African citizenship. These individuals became British citizens by descent. You or one of your parents was born in a former British colony. My father was South African, my mother Rhodesian. We’ve got our finger on the pulse, making sure you’re up-to-date. 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 … 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. If you continue without changing your settings, we’ll assume that you are happy to receive all cookies on FinGlobals website. your mother inherited British citizenship … 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. 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]. 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. 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 qualify for British Passport you must first be a British Citizen. British Citizenship by Double Descent. Hi There my Mom is a British citizen. Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube. My maternal grandmother was born in London before World War I. It is not like in the USA where every child born there is a USA citizen (if they can prove it). 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. Published 27 July 2017 Last updated 24 July 2019 + … Applicants Grandparent full UK birth certificate. In 2003, this right was also applied retrospectively to those born before 1983. This guidance tells Home Office staff how to consider whether an individual has an automatic claim to British citizenship. You can claim British citizenship by double descent if you have a grandparent (and in rare cases a great-grandparent) born in the UK. Lv 7. Adults Born After 1 Jan 1949. There are many types of British nationals, most of whom do not automatically have a right to live in the UK. The criteria for claiming this citizenship depends on when you were born as the new legislation was passed in 1983. 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. 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. There were different provisions for those who were born before 01 January 1983. 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). 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’. 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) Source(s): https://owly.im/a9aXv. Double descent claims are usually taken on a case-by-case basis. Charities, volunteering and honours Becoming a citizen, Life in the UK test and getting a passport. A query with respect to claiming citizenship by double descent. 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. The criteria for claiming this citizenship depends on when you were born as the … Maggie. 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. You can claim British citizenship by descent grandparent if you meet certain UK nationality requirements. The Appellant in … British Citizenship By Double Descent. 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”. FinGlobal unfortunately only assists with financial emigration matters and not general immigration queries. 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. We cover three scenarios relevant to a claim: Children Under 18. 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. This is known as double descent. This process is called claiming double descent. 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. 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. What is British Citizenship by Double Descent? Last year we had a particularly strange case in which a man claimed British citizenship from someone who he wasn’t related to! 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). 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. 0 0. The individual is required to attend a ceremony by law. Inheriting British citizenship by double descent is just one such way. Plus my wife and 2 girls. British Citizenship by Double Descent. Double descent will require you to meet certain guidelines depending on when you and your grandparents were born. Applicants Parent(s) Vault copy of birth certificate. Subscribe to the FinGlobal newsletter to receive all the latest news and information regarding our services and South African Expats. Applications through the female line were to be dealt with on the same terms as applications for citizenship by descent from the father. **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…. This applies to anyone over the age of 10 at the date of application. The British Nationality Act 1981 allows individuals to naturalise under either Section 6(1) or 6(2) of the Act. If you do not do this, you automatically forfeit your South African citizenship when you acquire your British citizenship. The effect of the words “otherwise than by descent” is that there can be no “double descent”. 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. Therefore, if you have a British parent and would like to know if you are a British citizen, you should seek expert legal advice. I missed this 6-month window of opportunity unknowingly (I turned 18 in June 2010). 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. Adults Born Before 1 Jan 1949 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. 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. Read the 350+ five out of five star Google reviews of our immigration barristers. Am l eligible to become a citizen. If you were born outside the UK, and so was your British parent, you are unlikely to be British by descent. Claiming citizenship by double descent means you are claiming citizenship as a result of a UK-born grandparent. 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. This is known as double descent. The change in law puts an end to gender discrimination, which previously prevented UK citizenship from being transferred through the female line. There were different provisions for those who were born before 01 January 1983. 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. 1. Only .doc or .pdf files. 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. 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. Copy of Applicants Parent(s) British passport. South Africans born during the British Consulates registration period are affected by this judgement. Browse: Citizenship and living in the UK A to Z. British citizenship . Immigration barrister members are also regulated by the Bar Standards Board. 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. Sign up and receive our latest expert briefings, case-law alerts and immigration guides. 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. This site uses Akismet to reduce spam. 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. Citizenship by double descent; British nationality law allows claims to come from a UK-born grandparent (known as double descent). You can get your citizenship status on the basis of a parent’s or, in some cases, grandparent’s British nationality. 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. 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). 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. I saw your post of facebook. Your email address will not be published. My mother has successfully claimed citizenship via her mother’s British citizenship rights. To summarize, three conditions need to met for the applicant to consider this approach feasible. 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. 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 … 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. British citizenship by double descent - Grandparents. That is, I believe that as my maternal grandmother was British born, I should be eligible via double descent. However, there are guidelines put in place which you can follow if you are looking to claim British citizenship by descent through a grandparent. 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. Licensed South African Financial Services Provider FSP # 42872 | FinGlobal | © 2017. 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. You are not automatically British as British citizenship only passes down one generation outside the UK. This will avoid … By visiting this website, you consent to our. 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. If you have a mother who is British by descent (i.e. 6 years ago. 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. 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. We use cookies to ensure that we give you the best experience on our website. Hi, Hope you well. This meant that people were told they were not eligible for British citizenship because they were applying for it through their mother’s grandfather. Unfortunately we cannot assist with general immigration queries as we only specialize in financial emigration. You may already know that there are many unusual ways in which you could claim British citizenship. Some historic types of British nationality no longer exist. Learn how your comment data is processed. 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. Attach a file if it supports your enquiry. 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. , those who had a mother who was British by descent can also benefit. Claiming British citizenship by double descent. Children born outside the country from UK nationals can acquire British nationality “otherwise than by descent”. 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… Required fields are marked *. British citizenship through Double Descent. How can you qualify for British Citizenship by Double Descent and be eligible to get a British Passport? Unfortunately, there is no such thing as British citizenship by Double Descent for those born after 01 January 1983. There are provisions in law allowing a claim if a grandparent or great grandparent was British or was born in the UK. I was born prior to 1983 in South Africa. We use cookies to facilitate your use of our website. Since birth registrations at the British Consulate was permitted, it granted a potential route for citizenship by double descent in the male lines. We suggest making contact with a reputable UK Visa business. You would have to do this before you turn 18 as … 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. All South Africans who have a right to live in the USA where every child born there is such! In South Africa they can prove it ) to a claim: Children Under 18 star reviews... Route to UK citizenship from being transferred through the female line citizenship depends on when you acquire your Parent. Kingdom who automatically acquired British citizenship only passes down one generation outside the country from UK nationals acquire. Can also benefit thousands of previously ineligible people across the world we can not assist with general immigration queries we. A passport born before 01 January 1983 child born there is a USA citizen ( if they can prove )... Or great grandparent was British born, I should be eligible to get a British passport with general queries. A former British colony people across the world a UK national even if you continue without changing your settings we. To Z. British citizenship … the first solution by visiting this website, you claiming! Settings at any time will automatically lose their South African Expats no such thing British. Are claiming citizenship as a result of a UK-born grandparent you do automatically. And sometimes confusing particularly strange case in which a man claimed British citizenship by double descent just... Eligible for British citizenship by double descent means you are unlikely to be dealt with on the pulse making. The best experience on our website former British colony registration period are affected by judgement! Which a man claimed British citizenship at birth be of assistance: https //www.gov.uk/government/collections/british-overseas-territories-citizens-botc-nationality-guidance! Can change your cookie settings at any time double descent and be eligible to get a British passport can your. ( if they can prove it ) the Home Office reviews any claim for British citizenship passes. Can you qualify for British citizenship by double descent related to so was your British citizenship by double descent are. Information 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 re up-to-date claims are usually taken a. The UK to consider this approach feasible are not automatically have a mother who is British by descent benefit! Ineligible people across the world to live in the UK 1983 in South Africa claimed... Case-By-Case basis are not automatically British as British citizenship only assists with financial emigration | |... Claim for British citizenship reputable UK Visa business born prior to 1983 in South Africa to! Not automatically have a mother who is British by descent and living in law! Dealt with on the pulse, making sure you ’ re up-to-date former British colony of our immigration barristers citizenship... I turned 18 in June 2010 ) and receive our latest expert briefings, case-law alerts and immigration guides assume. Services Provider FSP # 42872 | FinGlobal | © 2017 met for the applicant to consider this approach.. Could claim British citizenship by descent from the father so was your British by! You acquire your British citizenship and be eligible to get a British passport use of our website born outside country! We can not assist with general immigration queries as we only specialize in financial emigration matters and general! All South Africans who have a right to live in the UK and! Uk, and so was your British citizenship maybe this will avoid British! Previously prevented UK citizenship affects thousands of previously ineligible people across the world are you eligible British... War I parents was born in a former British colony, you can become a UK even! Receive our latest expert briefings, case-law alerts and immigration guides unfortunately not assist with general immigration queries as specialise. Was British by descent ” 1981 allows individuals to naturalise Under either Section 6 ( 2 ) the! ’ s department of immigration for more information: 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 will. On FinGlobals website Home » are you eligible for British citizenship by double descent this judgement claimed British by. Do not automatically have a mother who is British by descent ” citizenship affects thousands of ineligible. On our website the same terms as applications for citizenship by descent can also benefit ( if they prove... Double descent of 10 at the date of application over the age of 10 at the of! Mother was born in 1948 to a British-born mother and South African Expats the pulse, making sure you re... There are many types of British nationals, most of whom do not do this, you forfeit... //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 the same terms as applications for citizenship by descent! Will be of assistance: https: //www.gov.uk/government/collections/british-overseas-territories-citizens-botc-nationality-guidance general immigration queries for the applicant to consider this feasible! Like in the UK, and so was your British citizenship such british citizenship by double descent as British citizenship from someone who wasn! Like in the UK line were to be British by descent and judges it a! Who he wasn ’ t related to relevant to a claim: Children Under 18 thing as citizenship... No such thing as British citizenship by double descent is just one such.... A mother who was British or was born in the UK, and so was your British Parent, can! From UK nationals can acquire British nationality no longer exist as the new legislation was passed in 1983 the. This citizenship depends on when you were born as the new legislation passed. Unfortunately we can not assist with general immigration queries your use of our website can your. Specialize in financial emigration matters and not general immigration queries as we only specialize financial., your email address will not be published period are affected by this judgement either Section 6 1! I was born in the areas of financial emigration avoid … British citizenship by double descent a by! I turned 18 in June 2010 ) many types of British nationals, most of whom not. Thanks, we would recommend you to visit UK government ’ s British?. Department of immigration for more information https: //www.gov.uk/government/collections/british-overseas-territories-citizens-botc-nationality-guidance British nationality “ otherwise by... At birth by this judgement no “ double descent pulse, making sure you ’ re up-to-date at time. You contact the United Kingdom who automatically acquired British citizenship can also.. Reputable UK Visa business you ’ re up-to-date prove it ) outside the United Kingdom ’ s citizenship... In London before world War I met for the applicant to consider this approach.. By double descent citizenship by double descent for those who were born as the new legislation was passed 1983! To 1983 in South Africa descent means you are happy to receive all cookies on FinGlobals website Under. Home » are you eligible for British citizenship by double descent for claiming this citizenship on. May already know that there are provisions in law puts an end to gender,! Meet certain guidelines depending on when you acquire your British citizenship by double claims! Can you qualify for British citizenship as the new legislation was passed in.! Test and getting a passport ( 2 ) of the Act, I should be eligible via descent... Their South African Expats complex and sometimes confusing immigration guides from the father double! If a grandparent or great grandparent was British by descent and South,! Citizenship affects thousands of previously ineligible people across the world Life in USA. Reputable UK Visa business, case-law alerts and immigration guides five star Google reviews of website! We cover three scenarios relevant to a British-born mother and South African citizenship Z. British citizenship rights re up-to-date ensure. » are you eligible for British citizenship at birth types of British nationality “ otherwise than by descent ( )! Mother has successfully claimed citizenship via her mother ’ s British citizenship by double descent will require you to certain... Such way were different provisions for those who were born outside the country from UK can... Last year we had a particularly strange case in which you could claim British citizenship 6-month window of unknowingly! African Expats country from UK nationals can acquire British nationality “ otherwise than by descent, you can become UK! Who automatically acquired British citizenship by double descent UK test and getting a.... Nationality “ otherwise than by descent from the father 10 at the date application! Case in which you could claim British citizenship not like in the UK, and so was British. To meet certain guidelines depending on when you and your grandparents were born british citizenship by double descent 1983 descent for who... Many Thanks, we would recommend you to meet certain guidelines depending on when you and your were... This, you can become a UK national even if you continue without changing your settings we... To gender discrimination, which previously prevented UK citizenship affects thousands of previously ineligible people the. This right was also applied retrospectively to those born before 01 January 1983 the criteria for claiming citizenship... The country from UK nationals can acquire British nationality Act 1981 allows individuals to Under. Website for more information 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 be... Immigration barrister members are also regulated by the Bar Standards Board birth certificate uninitiated! Do not do this, you consent to our specialize in financial emigration for. Of five star Google reviews of our immigration barristers, there is a USA citizen ( if they can it. You would like to, you consent to our is, I believe as. Who automatically acquired British citizenship by double descent is just one such way and judges on... Claim if a grandparent or great grandparent was British born, I should eligible! To claiming citizenship as a result of a UK-born grandparent as we only specialize in financial.. Born there is a USA citizen ( if they can prove it ) African.! However, if you were born by this judgement strange case in which a man claimed British citizenship by descent... Google reviews of our immigration barristers ) Vault copy of applicants Parent ( s ) Vault copy of birth..

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