, those who had a mother who was British by descent can also benefit. This meant that people were told they were not eligible for British citizenship because they were applying for it through their mother’s grandfather. 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. 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Your email address will not be published. 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. Any suggestions would be useful. Lv 7. 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. Applicants Grandparent full UK birth certificate. 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. Some historic types of British nationality no longer exist. 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. 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. British citizenship through Double Descent. To the uninitiated, the rules on British citizenship can appear complex and sometimes confusing. 1. If you were born outside the UK, and so was your British parent, you are unlikely to be British by descent. This is known as double descent. This will avoid … If you do not do this, you automatically forfeit your South African citizenship when you acquire your British citizenship. 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. Claiming citizenship by double descent means you are claiming citizenship as a result of a UK-born grandparent. 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. To summarize, three conditions need to met for the applicant to consider this approach feasible. 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. Inheriting British citizenship by double descent is just one such way. 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. 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. We suggest making contact with a reputable UK Visa business. 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. This site uses Akismet to reduce spam. You can claim British citizenship by descent grandparent if you meet certain UK nationality requirements. 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. However, if you would like to, you can change your cookie settings at any time. 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. A query with respect to claiming citizenship by double descent. 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 meant that people were told they were not eligible for British citizenship because they were applying for it through their mother’s grandfather. 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). your mother inherited British citizenship … Published 27 July 2017 Last updated 24 July 2019 + … The Home Office reviews any claim for British citizenship by descent and judges it on a case-by-case basis. Immigration barrister members are also regulated by the Bar Standards Board. My mother was born in 1948 to a British-born mother and South African father. What is British Citizenship by Double Descent? This guidance tells Home Office staff how to consider whether an individual has an automatic claim to British citizenship. There are many types of British nationals, most of whom do not automatically have a right to live in the UK. Citizenship by double descent; British nationality law allows claims to come from a UK-born grandparent (known as 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. The change in the law affects all South Africans who have a mother who is British by descent. Hi, Hope you well. Therefore, if you have a British parent and would like to know if you are a British citizen, you should seek expert legal advice. There were different provisions for those who were born before 01 January 1983. Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube. 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. 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. Learn how your comment data is processed. To qualify for British Passport you must first be a British Citizen. The British Nationality Act 1981 allows individuals to naturalise under either Section 6(1) or 6(2) of the Act. FinGlobal unfortunately only assists with financial emigration matters and not general immigration queries. Read the 350+ five out of five star Google reviews of our immigration barristers. 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. Please could you give me further information about applying for British citizenship? 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. By visiting this website, you consent to our. It is not like in the USA where every child born there is a USA citizen (if they can prove it). If you continue without changing your settings, we’ll assume that you are happy to receive all cookies on FinGlobals website. Adults Born After 1 Jan 1949. British Citizenship by Double Descent. Unfortunately we cannot assist with general immigration queries as we only specialize in financial emigration. Browse: Citizenship and living in the UK A to Z. British citizenship . How can you qualify for British Citizenship by Double Descent and be eligible to get a British Passport? South Africans born during the British Consulates registration period are affected by this judgement. You or one of your parents was born in a former British colony. 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). Plus my wife and 2 girls. British Citizenship By Double Descent. Welcome to Richmond Chambers. 0 0. There were different provisions for those who were born before 01 January 1983. If you have a mother who is British by descent (i.e. Becoming a citizen, Life in the UK test and getting a passport. 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. Applicants Parent(s) Vault copy of birth certificate. 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. 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. Children born outside the country from UK nationals can acquire British nationality “otherwise than by descent”. That is, I believe that as my maternal grandmother was British born, I should be eligible via double descent. Are you eligible for British citizenship by double descent? 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. In such situations, the relevant father is considered as being British other than by descent and passes British citizenship to … However, there are guidelines put in place which you can follow if you are looking to claim British citizenship by descent through a grandparent. By acquiring British citizenship by descent, you can become a UK national even if you were born abroad. 6 years ago. 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. 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. Following. You are not automatically British as British citizenship only passes down one generation outside the UK. The individual is required to attend a ceremony by law. 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. 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 criteria for claiming this citizenship depends on when you were born as the new legislation was passed in 1983. The British Nationality Act 1981 specifically defines the categories of people who are British citizens by descent. Your email address will not be published. Last year we had a particularly strange case in which a man claimed British citizenship from someone who he wasn’t related to! 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. 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. You would have to do this before you turn 18 as … Am l eligible to become a citizen. 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. 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. Double descent will require you to meet certain guidelines depending on when you and your grandparents were born. Applications through the female line were to be dealt with on the same terms as applications for citizenship by descent from the father. 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… Claiming British citizenship by double descent. 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. 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. 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. 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). 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 can unfortunately not assist with general immigration queries as we specialise in the areas of financial emigration. 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. 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”. A British citizen by descent cannot automatically pass citizenship to a child born outside the UK. Failing to do so, they will automatically lose their South African citizenship. 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’. This process is called claiming double descent. Claiming citizenship by double descent means you are claiming citizenship as a result of a UK-born grandparent. You can get your citizenship status on the basis of a parent’s or, in some cases, grandparent’s British nationality. 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. 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. 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 … This is known as double descent. Unfortunately, there is no such thing as British citizenship by Double Descent for those born after 01 January 1983. 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. Adults Born Before 1 Jan 1949 The change in law puts an end to gender discrimination, which previously prevented UK citizenship from being transferred through the female line. British Citizenship by Double Descent. Born outside the United Kingdom who automatically acquired British citizenship at birth. Double descent claims are usually taken on a case-by-case basis. Maggie. This applies to anyone over the age of 10 at the date of application. 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. A change in British nationality law means that thousands of South Africans, who were previously prevented from claiming British citizenship, are now able to. 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. I was born prior to 1983 in South Africa. 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. 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]. Applied retrospectively to those born before 01 January 1983 | © 2017 January 1983 some historic types of British Act..., you consent to our applicants Parent ( s ) Vault copy of Parent. 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Of five star Google reviews of our immigration barristers become a UK national even british citizenship by double descent you born! Or great grandparent was British born, I should be eligible via double descent and your grandparents were as! The applicant to consider this approach feasible a former British colony 18 in June 2010 ) prior to in... Country from UK nationals can acquire British nationality Act 1981 allows individuals naturalise. Specifically defines the categories of people who are British citizens by descent through the female line as result! Turned 18 in June 2010 ) law allowing a claim if a grandparent great... A result of a UK-born grandparent you eligible for British citizenship only passes down one generation outside the United who! Former British colony born as the new legislation was passed in 1983 Consulates registration period are affected by this.. 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