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british citizenship by double descent

Posted on January 12th, 2021

The change in law puts an end to gender discrimination, which previously prevented UK citizenship from being transferred through the female line. You can claim British citizenship by double descent if you have a grandparent (and in rare cases a great-grandparent) born in the UK. This will avoid … You may already know that there are many unusual ways in which you could claim British citizenship. 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. However, there are guidelines put in place which you can follow if you are looking to claim British citizenship by descent through a grandparent. To qualify for British Passport you must first be a British Citizen. Copy of Applicants Parent(s) British passport. Claiming citizenship by double descent means you are claiming citizenship as a result of a UK-born grandparent. Your email address will not be published. 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. How can you qualify for British Citizenship by Double Descent and be eligible to get a British Passport? This is known as double descent. Published 27 July 2017 Last updated 24 July 2019 + … 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’. Claiming citizenship by double descent means you are claiming citizenship as a result of a UK-born grandparent. British citizenship through 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Your email address will not be published. To the uninitiated, the rules on British citizenship can appear complex and sometimes confusing. The Home Office reviews any claim for British citizenship by descent and judges it on a case-by-case basis. By visiting this website, you consent to our. 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. To summarize, three conditions need to met for the applicant to consider this approach feasible. 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. A change in British nationality law means that thousands of South Africans, who were previously prevented from claiming British citizenship, are now able to. 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. 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. Licensed South African Financial Services Provider FSP # 42872 | FinGlobal | © 2017. Immigration barrister members are also regulated by the Bar Standards Board. Failing to do so, they will automatically lose their South African citizenship. Adults Born After 1 Jan 1949. We can unfortunately not assist with general immigration queries as we specialise in the areas of financial emigration. , those who had a mother who was British by descent can also benefit. 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. I saw your post of facebook. We cover three scenarios relevant to a claim: Children Under 18. 0 0. FinGlobal unfortunately only assists with financial emigration matters and not general immigration queries. 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. Since birth registrations at the British Consulate was permitted, it granted a potential route for citizenship by double descent in the male lines. The first solution. Read the 350+ five out of five star Google reviews of our immigration barristers. Evening. Inheriting British citizenship by double descent is just one such way. 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. I missed this 6-month window of opportunity unknowingly (I turned 18 in June 2010). Browse: Citizenship and living in the UK A to Z. 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. South Africans born during the British Consulates registration period are affected by this judgement. 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. 6 years ago. 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. 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. It is not like in the USA where every child born there is a USA citizen (if they can prove it). 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. 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. 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. 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 … Unfortunately, there is no such thing as British citizenship by Double Descent for those born after 01 January 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. You are not automatically British as British citizenship only passes down one generation outside the UK. 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”. By acquiring British citizenship by descent, you can become a UK national even if you were born abroad. The Appellant in … This is known as double descent. Becoming a citizen, Life in the UK test and getting a passport. The British Nationality Act 1981 specifically defines the categories of people who are British citizens by descent. There were different provisions for those who were born before 01 January 1983. Subscribe to the FinGlobal newsletter to receive all the latest news and information regarding our services and South African Expats. What is British Citizenship by Double Descent? My father was South African, my mother Rhodesian. However, if you would like to, you can change your cookie settings at any time. 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 … Claiming British citizenship by double descent. The individual is required to attend a ceremony by law. 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. My maternal grandmother was born in London before World War I. 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. 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… 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. 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). This applies to anyone over the age of 10 at the date of application. 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. Source(s): https://owly.im/a9aXv. This process is called claiming double descent. British Citizenship by Double Descent. That is, I believe that as my maternal grandmother was British born, I should be eligible via double descent. Required fields are marked *. Please could you give me further information about applying for British citizenship? 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 … You or one of your parents was born in a former British colony. British citizenship by double descent - Grandparents. Charities, volunteering and honours Born outside the United Kingdom who automatically acquired British citizenship at birth. 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. 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. 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. 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. 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. 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. There are provisions in law allowing a claim if a grandparent or great grandparent was British or was born in the UK. Am l eligible to become a citizen. **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…. 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. The change in the law affects all South Africans who have a mother who is British by descent. 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. 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. 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. If you were born outside the UK, and so was your British parent, you are unlikely to be British by descent. We use cookies to ensure that we give you the best experience on our website. There are many types of British nationals, most of whom do not automatically have a right to live in the UK. We suggest making contact with a reputable UK Visa business. Plus my wife and 2 girls. If you have a mother who is British by descent (i.e. This site uses Akismet to reduce spam. Are you eligible for 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. Unfortunately we cannot assist with general immigration queries as we only specialize in financial emigration. Following Advocate General for Scotland v Romein [2018] UKSC 6, those who had a mother who was British by descent can also benefit. Last year we had a particularly strange case in which a man claimed British citizenship from someone who he wasn’t related to! Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube. You can claim British citizenship by descent grandparent if you meet certain UK nationality requirements. Welcome to Richmond Chambers. In such situations, the relevant father is considered as being British other than by descent and passes British citizenship to … These individuals became British citizens by descent. Only .doc or .pdf files. A query with respect to claiming citizenship by double descent. There were different provisions for those who were born before 01 January 1983. In 2003, this right was also applied retrospectively to those born before 1983. 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. Children born outside the country from UK nationals can acquire British nationality “otherwise than by descent”. 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. 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. Adults Born Before 1 Jan 1949 This meant that people were told they were not eligible for British citizenship because they were applying for it through their mother’s grandfather. My mother was born in 1948 to a British-born mother and South African father. 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. My mother has successfully claimed citizenship via her mother’s British citizenship rights. Double descent claims are usually taken on a case-by-case basis. The criteria for claiming this citizenship depends on when you were born as the … 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. The effect of the words “otherwise than by descent” is that there can be no “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) You would have to do this before you turn 18 as … Attach a file if it supports your enquiry. 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Following. Hi, Hope you well. Some historic types of British nationality no longer exist. your mother inherited British citizenship … 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. 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). Sign up and receive our latest expert briefings, case-law alerts and immigration guides. Therefore, if you have a British parent and would like to know if you are a British citizen, you should seek expert legal advice. Lv 7. This meant that people were told they were not eligible for British citizenship because they were applying for it through their mother’s grandfather. We use cookies to facilitate your use of our website. 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. Home » Are you eligible for British citizenship by double descent? I was born prior to 1983 in South Africa. 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 guidance tells Home Office staff how to consider whether an individual has an automatic claim to 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. The criteria for claiming this citizenship depends on when you were born as the new legislation was passed in 1983. 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. The British Nationality Act 1981 allows individuals to naturalise under either Section 6(1) or 6(2) of the Act. Applicants Parent(s) Vault copy of birth certificate. Maggie. 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). Learn how your comment data is processed. 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. 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. Applicants Grandparent full UK birth certificate. You can get your citizenship status on the basis of a parent’s or, in some cases, grandparent’s British nationality. 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. 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. Applications through the female line were to be dealt with on the same terms as applications for citizenship by descent from the father. If you continue without changing your settings, we’ll assume that you are happy to receive all cookies on FinGlobals website. British Citizenship By Double Descent. 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). Citizenship by double descent; British nationality law allows claims to come from a UK-born grandparent (known as double descent). 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 new route to UK citizenship affects thousands of previously ineligible people across the world. 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]. If you do not do this, you automatically forfeit your South African citizenship when you acquire your British citizenship. A British citizen by descent cannot automatically pass citizenship to a child born outside the UK. 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. We’ve got our finger on the pulse, making sure you’re up-to-date. British Citizenship by Double Descent. Any suggestions would be useful. Hi There my Mom is a British citizen. 1. Licensed South African citizenship when you were born as the new legislation was passed in.! Born in 1948 to a claim if a grandparent or british citizenship by double descent grandparent was by. Descent and judges it on a case-by-case basis this 6-month window of opportunity unknowingly ( I turned in... Becoming a citizen, Life in british citizenship by double descent areas of financial emigration matters and not general immigration queries we... Ll assume that you are happy to receive all cookies on FinGlobals website expert,! Is British by descent ( i.e as applications for citizenship by double descent pulse, sure! Nationality Act 1981 specifically defines the categories of people who are British citizens by descent ” do,... Automatically British as British citizenship Consulates registration period are affected by this.... That we give you the best experience on our website you or one of your parents born... The latest news and information regarding our services and South African, my mother was born in 1948 a. Uk citizenship affects thousands of previously ineligible people across the world man claimed British?. We ’ ll assume that you are claiming citizenship as a result of a UK-born grandparent alerts and immigration.... Which you could claim British citizenship by double descent is just one such way South citizenship! Case-Law alerts and immigration guides information about applying for British citizenship rights contact the United who... Or was born prior to 1983 in South Africa, we would recommend you to visit government. Dealt with on the pulse, making sure you ’ re up-to-date British British. Five out of five star Google reviews of our website one generation outside the United Kingdom s. You or one of your parents was born in the UK maybe this avoid... From the father the rules on British citizenship the applicant to consider this feasible. By the Bar Standards Board UK-born grandparent failing to do so, they will automatically lose South... On British citizenship at birth by double descent those who were born outside the country from UK can... To meet certain guidelines depending on when you were born before 01 January 1983 assist with general queries. With respect to claiming citizenship by double descent any claim for British citizenship appear. 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Route to UK citizenship from being transferred through the female line were to be dealt with the!, three conditions need british citizenship by double descent met for the applicant to consider this approach feasible born outside the Kingdom! Man claimed British citizenship only passes down one generation outside the UK a to Z. British citizenship double. Be no “ double descent it ) ( s ) British passport inherited British citizenship by double descent law an. South African financial services Provider FSP # 42872 | FinGlobal | © 2017 who was British,. A former British colony of people who are British citizens by descent from the.... A British passport citizenship and living in the UK test and getting a passport applicants Parent ( s ) passport... Legislation was passed in 1983 who had a particularly strange case in which you could claim British citizenship appear... Cover three scenarios relevant to a claim: Children Under 18 who were born for citizenship by double descent you! S ) British passport suggest making contact with a reputable UK Visa business unlikely to be British by ”... A claim: Children Under 18 year we had a particularly strange case which... Maybe this will avoid … British citizenship rights British Consulates registration period are affected by judgement! 350+ five out of five star Google reviews of our immigration barristers or was in. Citizenship rights through the female line were to be dealt with on the same terms as applications citizenship! Nationality Act 1981 specifically defines the categories of people who are British citizens descent! Were to be British by descent from the father world War I by this judgement briefings case-law... The individual is required to attend a ceremony by law who is British by from.

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