Licensed South African Financial Services Provider FSP # 42872 | FinGlobal | © 2017. 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). Last year we had a particularly strange case in which a man claimed British citizenship from someone who he wasn’t related to! Source(s): https://owly.im/a9aXv. 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. , those who had a mother who was British by descent can also benefit. Immigration barrister members are also regulated by the Bar Standards Board. Citizenship by double descent; British nationality law allows claims to come from a UK-born grandparent (known as double descent). British Citizenship by Double Descent. 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. 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 descent (grandparent) applications will be considered on discretionary grounds, and it will be for the applicant to provide sufficient evidence to support their claim. Your email address will not be published. If you have a mother who is British by descent (i.e. This meant that people were told they were not eligible for British citizenship because they were applying for it through their mother’s grandfather. The British Nationality Act 1981 allows individuals to naturalise under either Section 6(1) or 6(2) of the Act. Sign up and receive our latest expert briefings, case-law alerts and immigration guides. your mother inherited British citizenship … EEA Document Certifying Permanent Residence, Representative of Overseas Newspaper, News Agency or Broadcasting Organisation Visa, Sole Representative of an Overseas Business Visa, Global Talent Visa: Science, Engineering, Humanities and Medicine, Short-term Student Visa (English Language), British Citizenship by Automatic Acquisition, Challenge A Tier 1 Entrepreneur Refusal Decision, Representative of an Overseas Business Visa, Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation visa, UK Global Talent Visa: Film and Television, UK Global Talent Visa: Digital Technology, UK Global Talent Visa: Science, Engineering, Humanities and Medicine, Challenging Delays to EU Settlement Scheme Applications, Avoiding Delays in EU Settlement Scheme Applications, How to Apply for a UK Skilled Worker Visa, Visit Visa Refusals and the New Immigration Rules, Procedural Fairness in Skilled Worker Applications, Sole Representative Visa - Top 25 FAQ's Answered, Settlement as a Refugee or person with Humanitarian Protection, Frontier Worker Permit Scheme: New Guidance, ‘Joining Family Members’ of EEA nationals under the EU Settlement Scheme. 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”. Applicants Grandparent full UK birth certificate. There were different provisions for those who were born before 01 January 1983. This site uses Akismet to reduce spam. 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. These individuals became British citizens by descent. Lv 7. There are many types of British nationals, most of whom do not automatically have a right to live in the UK. 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. 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. 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. British 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. A British citizen by descent cannot automatically pass citizenship to a child born outside the UK. 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. 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. Applications through the female line were to be dealt with on the same terms as applications for citizenship by descent from the father. To summarize, three conditions need to met for the applicant to consider this approach feasible. Unfortunately, there is no such thing as British citizenship by Double Descent for those born after 01 January 1983. 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. In 2003, this right was also applied retrospectively to those born before 1983. 1. Please could you give me further information about applying for British citizenship? Adults Born Before 1 Jan 1949 Failing to do so, they will automatically lose their South African citizenship. My mother has successfully claimed citizenship via her mother’s British citizenship rights. 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. 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. FinGlobal unfortunately only assists with financial emigration matters and not general immigration queries. Required fields are marked *. Unfortunately we cannot assist with general immigration queries as we only specialize in financial emigration. The Appellant in … 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 criteria for claiming this citizenship depends on when you were born as the new legislation was passed in 1983. 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. That is, I believe that as my maternal grandmother was British born, I should be eligible via double 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. 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. This is known as double descent. Evening. 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. 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. To qualify for British Passport you must first be a British Citizen. My mother was born in 1948 to a British-born mother and South African 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… 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. This guidance tells Home Office staff how to consider whether an individual has an automatic claim to British citizenship. Becoming a citizen, Life in the UK test and getting a passport. 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 … 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. This new route to UK citizenship affects thousands of previously ineligible people across the world. Charities, volunteering and honours British citizenship through Double Descent. My father was South African, my mother Rhodesian. 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. South Africans born during the British Consulates registration period are affected by this judgement. Copy of Applicants Parent(s) British passport. You can get your citizenship status on the basis of a parent’s or, in some cases, grandparent’s British nationality. There are provisions in law allowing a claim if a grandparent or great grandparent was British or was born in the UK. 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. The individual is required to attend a ceremony by law. 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. I was born prior to 1983 in South Africa. A change in British nationality law means that thousands of South Africans, who were previously prevented from claiming British citizenship, are now able to. Double descent claims are usually taken on a case-by-case basis. You are not automatically British as British citizenship only passes down one generation outside 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. What is British Citizenship by Double Descent? Hi, Hope you well. 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 criteria for claiming this citizenship depends on when you were born as the … This meant that people were told they were not eligible for British citizenship because they were applying for it through their mother’s grandfather. Plus my wife and 2 girls. Therefore, if you have a British parent and would like to know if you are a British citizen, you should seek expert legal advice. If you were born outside the UK, and so was your British parent, you are unlikely to be British by descent. Claiming British citizenship by double descent. Browse: Citizenship and living in the UK A to Z. British citizenship . Subscribe to the FinGlobal newsletter to receive all the latest news and information regarding our services and South African Expats. 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. 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. 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’. 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