A change in British nationality law means that thousands of South Africans, who were previously prevented from claiming British citizenship, are now able to. Gamble and Co. It will depend on the specific countries, but for the ones you mentioned: Canada - no obligation to renounce other citizenships, so you could have Irish, American and Canadian citizenship. It is a rare instance where British Nationality can be derived by TRIPLE DESCENT - that is, from a great grandfather. Discover if you qualify for British nationality through your heritage. Published 27 July 2017 Last updated 24 July 2019 — see all updates. I've wanted to become a resident of the UK for a very long time. 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). You need to take the test as part of your application for British citizenship or settlement in the UK. During that period they should not have absences exceeding 270 days. Our monthly newsletter with all the news and important updates, delivered to your inbox, Cape Town +27 (0) 31 536 8844, Croydon Depending on where a birth happens, different rights to British nationality can arise. Dual citizenship gives you the right to become a citizen of another country and to hold second (or multiple) passports. A British citizen by descent is a person born outside the UK and is acquired if one or both parents are British citizens. born in the UK to UK citizens), and so according to UK law the child has UK citizenship by descent. The father of the child's grandfather (i.e. British citizenship is normally automatically passed down one generation to children born outside the UK. The British Nationality Act 1981 specifically defines the categories of people who are British citizens by descent. 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). Adult Born Before the 1st of January 1949. +44 (0) 20 7759 7514. Also, those born to Barbadian diplomats abroad are entitled to citizenship by descent. Unless either of your parents were British … 517570), the Financial Services We are authorised and regulated by the Financial Conduct Authority in the UK (FCA no. A person born in the UK before 1 January 1983 will normally have become British at birth by operation of law. Even if you’ve always May 17, 2018 | FinGlobal. You can claim British nationality if your parent is classified as British otherwise than by descent, giving them the ability to pass British nationality to their children. This stems from Britain’s collection of British Colonies, It can be important to take action before a child turns 18. To determine this, an analysis of how your parent became British must be done. After they turn 18, several rights to British nationality fall away and can be lost forever. 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. If you were born before 1 July 2006, then a separate application must be made to claim British nationality. 1. Conceptually, citizenship is focused on the internal political life of the country and nationality is a matter of international dealings. In such situations, the relevant mother is considered as being British other than by descent and passes British citizenship to her children. If you were born after 1 July 2006, the fact that your parents were not married is irrelevant and you should assess your rights to British nationality set out above. 1. 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. I'm a citizen of the US, was born here. allow a route to nationality for those who were disadvantaged from older legislation. 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. An application for British nationality can be made if you were born before 1 January 1983 to a mother who was born in the UK. can be complex and the site offers a quick, simple search to give you the answers. Claims to nationality are seldom straight forward. The Appellant in this case, Ms Romein, was born in the US in 1978. sponsorship visas or UK permanent residency or indefinite extensions. We also specialise in UK visa It gets more complicated with countries such as South Africa and the UK. 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. 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. laws of other countries. F2001-00004, nationality at birth because the British parent would be treated as settled. 04387054) and our UK office is authorised to practise immigration law by the Office of the Immigration Services Commissioner (OISC) under Registration No F200100004. | WhatPassport, About visas, UK Visitor visas, Most countries, such as Australia, New Zealand, Canada, Ireland, WhatPassport.com is a specialist UK Nationality and British Citizenship site leave to remain. Those born to at least one Australian parent are eligible for citizenship and must apply for citizenship by descent. 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. If you are under 18, you can read more about children under 18. Sable International offers a range of services relating based is considered as being British other than by descent and passes British citizenship to his children. It often depends on the date of your birth and the status of your parents at the time of your birth. Ask Philip Gamble whether you (or your children) have a claim to British nationality. It can be important to take action before a child turns 18. or your father is British, then there are several scenarios where you can claim British Her mother was born in England in 1964 to an Irish mother there for school and a father from the U.S. military. 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; Sable International is a trading name of 1st Contact Money Limited (company number 07070528), registered in England and Wales. we have found that if you have a grandparent born in the UK, or if your mother is British It can be important to take action before a child turns 18. and is part of the group of companies known as Sable International. ... my grandmother the year I was born so he’s my grandfather as far as I’m concerned so does this qualify me for British citizenship? to UK and Australian immigration. Home Applying For British Citizenship By Descent UK citizenship by descent From 1 January 1883, a child born outside the UK acquires UK citizenship through descent if at least one parent is a UK citizen through birth, naturalisation, registration or adoption. CITIZENSHIP BY DESCENT. 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 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. If you were not born in the UK and you have a claim to British nationality, then this is a claim based on descent. Citizens otherwise than by descent can normally pass on British citizenshipthrough one generation to children born abroad, although the child will be unable to transmit their citizenship to subsequent generations overseas. I claimed Czech citizenship by descent a little over five years ago. 4. UK citizenship for EU nationals after Brexit, A parent was settled in the UK at the time of the child’s birth, The person spent the first 10 years of their life in the UK, An Irish citizen ordinarily resident in the UK, A European Union (EU) national (or non-EU national family member) ordinarily resident in the UK holding a, A non-EU national ordinarily resident in the UK holding, Where the father was born in the UK before 1 January 1983, Where the father was born in the UK after 1 January 1983, Potentially remove rights from any children already born to that person, Remove citizenship of another country because the subject has made a voluntary application to acquire citizenship, Where the mother was born in the UK after 1 January 1983, Where the mother was born in the UK before 1 January 1983, You (or a parent) were registered or naturalised as a British citizen, You have/had a parent or grandfather in Crown service, You were born in a country that is different to the country of birth of either parent or any grandparent. and Portugal, allow dual citizenship. While many people Essentially, anyone born in the U.S. is an American citizen, and anyone born The UK is British, and in Canada your a Canadian. Born after 1 January 1983 (18 and over) An adult born outside of the UK after 1 January 1983 with a UK-born grandparent may have a claim to British citizenship by descent if: They had a UK-born grandfather who was in Crown service at the time of the relevant parent’s birth. +27 (0) 21 657 2120, Durban British Protectorates and British Protected States in the middle of last Ltd is registered in the UK with the Office of the Immigration Service Commissioner (OISC) under A parent: as British otherwise than by descent* and can pass British nationality to their children, irrespective of where they are born. Citizenship by descent ; You can apply for citizenship by descent if you were born outside of the UK to a parent who was born in the UK. It is a rare instance where British Nationality can be derived by TRIPLE DESCENT - that is, from a … This new route to UK citizenship affects … All of the citizenships existed immediately with the birth of the child, and were not explicitly asked or applied for. After they turn 18, several rights to British nationality fall We can deem some illegitimate children to be British by operation of law using the domicile The rules are complex and often need further research. I’m also soon to be a Canadian citizen so I’m not sure whether triple citizenship is possible. The Swiss Citizenship Law is based on the following principles: Triple citizenship level (Swiss Confederation, canton and community) Acquisition of citizenship through descent (jus sanguinis) Prevention of statelessness. and their status now. After they turn 18, several rights to British nationality fall away 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. and can be lost forever. For over 20 years, we have been helping people with their UK and Australian visa If someone is already a British citizen by operation of law, it would be wholly inappropriate to register that person as a British citizen. 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. The Czech Republic allows children and grandchildren of those born in the Czech … British nationality rights can be passed down to children of a father born in the UK. in South Africa, Portugal and Australia are not registered with the OISC however the similar standards are observed by our staff in all regions. What we find though is that UK birth rights and British citizenship is passed down a maximum of 3 generations. They are particularly popular with South Africans. 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) If you can answer “yes” to the following two questions, then you’re probably in luck! If you are under 18, then you can read more about children under 18. Our A British citizen who was born outside the UK cannot normally pass British nationality to their child born abroad (outside of the UK). However, they work to the same high standards as our UK staff and clients receive the same service One obvious solution is to move to the UK and have the child there. A further advantage of giving birth in the UK is that the child becomes British otherwise than by descent and can pass British nationality to their own children (i.e. There are provisions in British nationality law for children under 18. This solution applies to children under the age of 18 who have a paternal great grandfather born in the UK. These individuals became British citizens by descent. For example, you might automatically become a citizen if … The father is Irish by birth, so according to Irish law the child has Irish citizenship. dependant visas, Tier 4 25 Richefond Circle, Ridgeside, Umhlanga 4320 The application must be made whilst the child is under 18 years of age. visas, UK You can apply for your British passport on this basis. 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. A person born in the UK after 1 January 1983 only qualifies for British nationality based on the status of their parents and can claim British nationality in one of two cases: A further provision is available for a child under 18 born in the UK after 1 January 1983 where a parent acquires settled status in the UK before the child turns 18. away and can be lost forever. 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 If I wanted to also become a citizen of Canada later, would this be possible if I was able to pay all the taxes? Such a person is classified A person born in the UK before 1 January 1983 qualifies for British nationality in several ways. You can hold dual citizenship in the United Kingdom, if you fulfil the criteria and submit an application. This area of British nationality law is too complex to document. In such situations, the relevant father is considered as being British other than by descent and passes British citizenship to … 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. One Croydon, 12-16 Addiscombe Road, 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). * The position is complicated if they renounce British nationality before their children’s birth. 2. 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. 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. SABLE international It therefore follows that anyone who might have a valid claim under these new proposals should always consider the potential negative implications. Citizenship by 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. applications. Regent Square, Doncaster Road, Kenilworth, 7708 century and the Nationality rules concerning what are now the countries of the Commonwealth. 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. qualify for the UK Ancestry Visa based on holding a Commonwealth passport with a UK born grandmother or grandfather, However, as always, there are catches. regardless of which office they engage with. Sable International is a trading name of Philip Gamble and Co Ltd (Company No. Was your maternal grandfather (your mother’s father) born in the UK? the child's great grandfather) was born in the UK or Northern Ireland. 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. 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. visa, UK permanent residency or indefinite Do you qualify to claim British citizenship through your mother? Even if all of the above apply to you, it doesn’t mean your application will be a walk in the park. No. Recent legislation has now been passed to These can be complex cases which means they must be assessed on a … Multiple citizenship, dual citizenship, multiple nationality or dual nationality, is a person's citizenship status, in which a person is concurrently regarded as a citizen of more than one country under the laws of those countries. assumed you don’t have a claim to British nationality, our team can help. service can assist to regularise your visa status. This means that you cannot automatically pass on British citizenship to any child who is born abroad. 41900) and hold an Australian Financial Services License issued by ASIC to deal in foreign exchange (1st Contact Group - AFS License number 335 126). In this case, you might be forced by the law in your home country to give up your original citize… offering an online search and assessment. Us, Contact This can be attained through birth, registration, naturalisation or adoption. You can apply for your British passport. The following three routes are the bread and butter of British citizenship applications. The child will have an immediate claim to British 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. Conduct Authority in South Africa (1st Contact Money [PTY] Ltd - FSP no. and their status now. the grandchildren of the parent in question), irrespective of where those children are 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. It applies to a child who meets ALL of the following criteria: This is a highly complex claim and is considered a non-standard route to British Nationality. You can apply for your British passport on this basis. ** A foreign government does not include any of the governing institutions of the former British territories. My friend was wondering if she is a British citizen by descent. Get the details to find out if you are eligible to claim British citizenship. Claims to hold a British Passport With in-depth investigations and drawing on our two decades of experience we can help you and your children apply for British citizenship. born. 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