applications. 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. born in the UK to UK citizens), and so according to UK law the child has UK citizenship by descent. to UK and Australian immigration. It can be important to take action before a child turns 18. The following three routes are the bread and butter of British citizenship applications. One Croydon, 12-16 Addiscombe Road, 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. 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. Also, those born to Barbadian diplomats abroad are entitled to citizenship by descent. Adult Born Before the 1st of January 1949. or your father is British, then there are several scenarios where you can claim British A British citizen who was born outside the UK cannot normally pass British nationality to their child born abroad (outside of the UK). Our staff the child's great grandfather) was born in the UK or Northern Ireland. 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). All of the citizenships existed immediately with the birth of the child, and were not explicitly asked or applied for. I'm a citizen of the US, was born here. 1. May 17, 2018 | FinGlobal. leave to remain, The parent of this child was born BEFORE 01.01.1983 AND spent 3 years in the UK in the past, The father of this parent (i.e. In this case, you might be forced by the law in your home country to give up your original citize⦠... my grandmother the year I was born so heâs my grandfather as far as Iâm concerned so does this qualify me for British citizenship? based In such situations, the relevant father F2001-00004, 2. 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 motherâ (a) is a British citizen otherwise than by descent; or [emphasis added] The effect of the words âotherwise than by descentâ is that there can be no âdouble descentâ. 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. I've wanted to become a resident of the UK for a very long time. Do you qualify to claim British citizenship through your mother? 25 Richefond Circle, Ridgeside, Umhlanga 4320 I claimed Czech citizenship by descent a little over five years ago. nationality at birth because the British parent would be treated as settled. This means that you cannot automatically pass on British citizenship to any child who is born abroad. It gets more complicated with countries such as South Africa and the UK. This area of British nationality law is too complex to document. The British Nationality Act 1981 specifically defines the categories of people who are British citizens by descent. This can be attained through birth, registration, naturalisation or adoption. That is, they are already British (whether they know it or not) and can apply for a British passport immediately. Based on the Romein supreme court ruling, certain persons will be eligible to be registered as a British citizen, via the so-called âdouble descentâ route. and Portugal, allow dual citizenship. In such situations, the relevant mother is considered as being British other than by descent and passes British citizenship to her children. 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. 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. 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. 04387054) and our UK office is authorised to practise immigration law by the Office of the Immigration Services Commissioner (OISC) under Registration No F200100004. We can deem some illegitimate children to be British by operation of law using the domicile The colonial and imperial legacy that the British Empire left behind has resulted in a myriad of immigration and nationality laws over hundreds of territories across the world. It can be important to take action before a child turns 18. Most countries, such as Australia, New Zealand, Canada, Ireland, The child will have an immediate claim to British Iâm also soon to be a Canadian citizen so Iâm not sure whether triple citizenship is possible. visa, UK permanent residency or indefinite The rules are complex and often need further research. Birth in the UK does not always automatically result in British citizenship. Even if you’ve always We also specialise in UK visa 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). Citizenship by descent. 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. The father is Irish by birth, so according to Irish law the child has Irish citizenship. can be complex and the site offers a quick, simple search to give you the answers. Published 27 July 2017 Last updated 24 July 2019 â see all updates. century and the Nationality rules concerning what are now the countries of the Commonwealth. A change in British nationality law means that thousands of South Africans, who were previously prevented from claiming British citizenship, are now able to. Born outside the United Kingdom who automatically acquired British citizenship at birth. Sable International is a trading name of Philip Gamble and Co Ltd (Company No. Depending on where a birth happens, different rights to British nationality can arise. Croydon, CR0 0XT A parent: Conduct Authority in South Africa (1st Contact Money [PTY] Ltd - FSP no. British citizenship is usually passed down 2 generations and UK Ancestry working rights are granted to the third generation of UK born relatives. Our A child has an automatic right to British nationality at birth in the UK if a parent has settled status. After they turn 18, several rights to British nationality fall away CR001 Moderator Posts: 74251 Joined: Thu Mar 08, 2012 10:55 pm 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 Us, British Citizenship by Triple Descent (Children), UK working holiday You can apply for your British passport on this basis. Nationality and the right to hold a British Passport. 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. we have found that if you have a grandparent born in the UK, or if your mother is British You can apply for your British passport on this basis. 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. the child's grandfather) was born in a British Protectorate, a British Protected State or a British Trust Territory BEFORE 01.01.1949. The father of the child's grandfather (i.e. If I wanted to also become a citizen of Canada later, would this be possible if I was able to pay all the taxes? However, as always, there are catches. If you were not born in the UK and you have a claim to British nationality, then this is a claim based on descent. 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) 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 parentâs birth. Recent legislation has now been passed to 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. 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 such situations, the relevant father is considered as being British other than by descent and passes British citizenship to ⦠visas, UK Visitor visas, WhatPassport.com is a specialist UK Nationality and British Citizenship site 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. staff We assist with applications for Ancestry visas, spouse visas, work visas, Tier 1 visas, UK working holiday To determine this, an analysis of how your parent became British must be done. Even if all of the above apply to you, it doesnât mean your application will be a walk in the park. You can hold dual citizenship in the United Kingdom, if you fulfil the criteria and submit an application. For example, you might automatically become a citizen if ⦠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 sponsorship visas or UK permanent residency or indefinite 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. Your application must then be approved before you are considered to hold UK citizenship.But - and itâs a big but - whether or not this works for you will depend on your original citizenship, as some other countries donât accept dual nationalities. It’s important to be aware that obtaining a second nationality can mean the automatic loss of your existing nationality. For over 20 years, we have been helping people with their UK and Australian visa Ask Philip Gamble whether you (or your children) have a claim to British nationality. the grandchildren of the parent in question), irrespective of where those children are Those born to at least one Australian parent are eligible for citizenship and must apply for citizenship by descent. No. 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. The Czech Republic allows children and grandchildren of those born in the Czech ⦠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 WhatPassport.com is a subsidiary of Sable International. These can be complex cases which means they must be assessed on a ⦠517570), the Financial Services We’re experts in helping people all around the world. * The position is complicated if they renounce British nationality before their children’s birth. extensions. Please note: WhatPassport.com is a trading name of Philip Gamble and Co. Ltd. Philip offering an online search and assessment. 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. Regent Square, Doncaster Road, Kenilworth, 7708 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. 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. Unless either of your parents were British ⦠One obvious solution is to move to the UK and have the child there. +44 (0) 20 7759 7514. In such situations, the relevant mother is considered as being British other than by descent and passes British citizenship to her children. allow a route to nationality for those who were disadvantaged from older legislation. Us, Contact If you are under 18, you can read more about children under 18. You need to take the test as part of your application for British citizenship or settlement in the UK. dependant visas, Tier 4 My friend was wondering if she is a British citizen by descent. It is a rare instance where British Nationality can be derived by TRIPLE DESCENT - that is, from a great grandfather. 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