I claimed Czech citizenship by descent a little over five years ago. Our The Appellant in this case, Ms Romein, was born in the US in 1978. Unless either of your parents were British … You can apply for your British passport. Conceptually, citizenship is focused on the internal political life of the country and nationality is a matter of international dealings. Top. In general, due to the way that British citizenship can only be passed down one generation by a parent who has “British citizenship otherwise than by descent” to a child born outside of the UK, citizenship by double and triple descent cannot be relied upon for those born after 1st January 1983. Those born to at least one Australian parent are eligible for citizenship and must apply for citizenship by descent. These former British territories included (at various times before 1949): Aden Protectorates, Ashanti, Bahrain, Bechuanaland, Botswana, Brunei, Cameroon, Cyprus, Egypt, Gambia, Gilbert Islands, India, Kamaran, Kenya Protectorate, Kiribati, Kuwait, Malawi, Malay States, Maldives, Nigeria Protectorate, North Borneo and Labuan, Northern Rhodesia, Northern Cameroon, Northern Somaliland, Northern Territories Protectorate, Nyasaland, Qatar, Sarawak, Sierra Leone Protectorate, Solomon Islands, Southern Cameroon, Swaziland, Tanganyika, Tanzania, Togoland, Tonga, the Transvaal in South Africa, Tuvalu, Uganda, United Arab Emirate, Zambia and Zanzibar. We assist with applications for Ancestry visas, spouse visas, work visas, Tier 1 visas, UK working holiday British Protectorates and British Protected States in the middle of last leave to remain. offering an online search and assessment. British citizenship is normally automatically passed down one generation to children born outside the UK. Adult Born Before the 1st of January 1949. Do you qualify to claim British citizenship through your mother? assumed you don’t have a claim to British nationality, our team can help. 04387054) and our UK office is authorised to practise immigration law by the Office of the Immigration Services Commissioner (OISC) under Registration No F200100004. in South Africa, Portugal and Australia are not registered with the OISC however the similar standards are observed by our staff in all regions. These claims are based on case law and not regular legislation, which means each case will have to be p… In such situations, the relevant mother is considered as being British other than by descent and passes British citizenship to her children. TIA, Dave. If someone is already a British citizen by operation of law, it would be wholly inappropriate to register that person as a British citizen. +27 (0) 31 536 8844, Croydon If your mother was born in the UK after 1 January 1983 and was not British at the time of your birth, then your rights to British nationality depend on your age (whether you are under 18 or not) and the status of your parents at your birth allow a route to nationality for those who were disadvantaged from older legislation. visa, UK permanent residency or indefinite The rules are complex and often need further research. is considered as being British other than by descent and passes British citizenship to his children. We also specialise in UK visa The father is Irish by birth, so according to Irish law the child has Irish citizenship. What we find though is that UK birth rights and British citizenship is passed down a maximum of 3 generations. It often depends on the date of your birth and the status of your parents at the time of your birth. Please see below. If your father was born in the UK after 1 January 1983 and was not British at the time of your birth, then your rights to British nationality depend on your age (whether you are under 18 or not) and the status of your parents at your birth British citizenship is usually passed down 2 generations and UK Ancestry working rights are granted to the third generation of UK born relatives. 1. United Kingdom - Passport & Nationality - British Citizenship by Triple Descent (Children) This solution applies to children under the age of 18 who have a paternal great grandfather born in the UK. This new route to UK citizenship affects … A person born in the UK before 1 January 1983 qualifies for British nationality in several ways. A person born in the UK before 1 January 1983 will normally have become British at birth by operation of law. outside of the UK are not regulated by the OISC and may be involved in some client casework. We can deem some illegitimate children to be British by operation of law using the domicile If you were born outside of the UK and claim to have a UK-born grandparent, you may be eligible to apply for British Citizenship by descent depending on your circumstances. You can apply for your British passport on this basis. British Citizenship by Triple Descent (Federal Rhodesia Twin Right of Abode) British Citizenship by Triple Descent (Pre 1915 Foreign Country) British Citizenship by Triple Descent (Pre 49 ETJ-12(4)) British Citizenship (Child - Adopted outside the UK) a child of a British citizen or person described above, a person with British or Irish ancestry, a person with a family link to a former British colony or protectorate, a woman who married a UK citizen before 1983, or, a person resident in the UK or British overseas territory, or serving its government or military services (see naturalisation). century and the Nationality rules concerning what are now the countries of the Commonwealth. This area of British nationality law is too complex to document. 517570), the Financial Services If you were born before 1 July 2006, then a separate application must be made to claim British nationality. qualify for the UK Ancestry Visa based on holding a Commonwealth passport with a UK born grandmother or grandfather, A change in British nationality law means that thousands of South Africans, who were previously prevented from claiming British citizenship, are now able to. A parent: Those born outside of Barbados to a Barbadian father (or a father who would have been Barbadian but for his death) are entitled to citizenship by descent. If you were not born in the UK and you have a claim to British nationality, then this is a claim based on 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”. This solution applies to children under the age of 18 who have a paternal great grandfather born in the UK. Citizenship by descent. The mother is British by birth (i.e. Rights to British citizenship for a child born abroad (outside of the UK) fall into two categories: The question of illegitimacy is not relevant in the case of unmarried woman, in contrast to those for unmarried fathers. A child born outside the United Kingdom will be a British citizen by descent if either parent is a British citizen otherwise than by descent at the time of the birth. SABLE international service can assist to regularise your visa status. +44 (0) 20 7759 7514. and can be lost forever. sponsorship visas or UK permanent residency or indefinite However, they work to the same high standards as our UK staff and clients receive the same service Recent legislation has now been passed to It can be important to take action before a child turns 18. Ask Philip Gamble whether you (or your children) have a claim to 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). For those individuals born in the UK they will generally have a stronger claim to British citizenship, although being born in the UK is After they turn 18, several rights to British nationality fall Published 27 July 2017 Last updated 24 July 2019 — see all updates. to UK and Australian immigration. A British citizen by descent is a person born outside the UK and is acquired if one or both parents are British citizens. If you’ve overstayed your visa, our Overstayer Status Trace The British citizen by descent parent must have lived in the UK for a continuous period of 3 years at any time before the child’s birth. ** A foreign government does not include any of the governing institutions of the former British territories. CITIZENSHIP BY DESCENT. Claims to nationality are seldom straight forward. F2001-00004, Also, those born to Barbadian diplomats abroad are entitled to citizenship by descent. 1. The application must be made whilst the child is under 18 years of age. Our online assessment uses your personal circumstances, and those of your parents and grandparents, to let you know your chances of attaining a British passport. 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. Your application must then be approved before you are considered to hold UK citizenship.But - and it’s a big but - whether or not this works for you will depend on your original citizenship, as some other countries don’t accept dual nationalities. In this case, you might be forced by the law in your home country to give up your original citize… Us, British Citizenship by Triple Descent (Children), UK working holiday as British otherwise than by descent* and can pass British nationality to their children, irrespective of where they are born. Rights to British nationality for a child born outside of the UK fall into two categories: Exceptions apply if your parents were not married at the time of your birth. If your mother 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). I've wanted to become a resident of the UK for a very long time. away and can be lost forever. Even if all of the above apply to you, it doesn’t mean your application will be a walk in the park. 41900) and hold an Australian Financial Services License issued by ASIC to deal in foreign exchange (1st Contact Group - AFS License number 335 126). Depending on where a birth happens, different rights to British nationality can arise. It gets more complicated with countries such as South Africa and the UK. before 1 January 1983 acquired British citizenship automatically on that date • sections 1(1) and 1(2) of the British Nationality Act 1981 which explain which people born, or deemed to have been born, in the UK on or after 1 January 1983 or in the UK or a qualifying territory on or after 21 May 2002, acquired British citizenship A child has an automatic right to British nationality at birth in the UK if a parent has settled status. If you are under 18, you can read more about children under 18. It can be important to take action before a child turns 18. Without undertaking a Status Trace, we cannot say definitively whether you have a claim. You are a British citizen at birth and by operation of law (that is, without any need to apply for British nationality) if you were born after 1 January 1983 to a mother who was born in the UK before 1 January 1983. If you are under 18, then you can read more about children under 18. Our staff It is a rare instance where British Nationality can be derived by TRIPLE DESCENT - that is, from a great grandfather. WhatPassport.com is a specialist UK Nationality and British Citizenship site My friend was wondering if she is a British citizen by descent. For this reason, this route to British nationality is considered complex and will require a Status Trace to be conducted first before an application for British nationality is made. It depends when the child was born, when the father was born and whether the parents were married at the time of the child’s birth. born. No. Get the details to find out if you are eligible to claim British citizenship. You need to take the test as part of your application for British citizenship or settlement in the UK. You are a British citizen by descent if: You are born outside the UK to a parent who was a British citizen at the time; Such a person is classified In such situations, the relevant father Essentially, anyone born in the U.S. is an American citizen, and anyone born The UK is British, and in Canada your a Canadian. Common ways to claim British citizenship . You can apply for your British passport on this basis. Sable International is a trading name of 1st Contact Money Limited (company number 07070528), registered in England and Wales. It is a rare instance where British Nationality can be derived by TRIPLE DESCENT - that is, from a … Historically, a person did not become British – or have a claim to British nationality – based on a UK-born father if the parents were not married at the time of the child’s birth. applications. Her mother was born in England in 1964 to an Irish mother there for school and a father from the U.S. military. and their status now. 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). Our monthly newsletter with all the news and important updates, delivered to your inbox, Cape Town It is possible to claim British nationality where a person is born outside of the UK to a British parent who was also born outside of the UK. We are authorised and regulated by the Financial Conduct Authority in the UK (FCA no. visas, UK and Portugal, allow dual citizenship. 25 Richefond Circle, Ridgeside, Umhlanga 4320 Ltd is registered in the UK with the Office of the Immigration Service Commissioner (OISC) under A notable exception is where the parents were resident in the UK at the time due to diplomatic service on behalf of a foreign** government. staff or your father is British, then there are several scenarios where you can claim British +27 (0) 21 657 2120, Durban Were you born in South Africa between 31 May 1962 and 31 December 1982? You should always seek professional advice when applying for dual citizenship. 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