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