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. Hi, Hope you well. FinGlobal unfortunately only assists with financial emigration matters and not general immigration queries. 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. You can claim British citizenship by double descent if you have a grandparent (and in rare cases a great-grandparent) born in the UK. 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) 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. Please could you give me further information about applying for British citizenship? 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 … By acquiring British citizenship by descent, you can become a UK national even if you were born abroad. It is not like in the USA where every child born there is a USA citizen (if they can prove it). There were different provisions for those who were born before 01 January 1983. If you were born outside the UK, and so was your British parent, you are unlikely to be British 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). Attach a file if it supports your enquiry. 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. This meant that people were told they were not eligible for British citizenship because they were applying for it through their mother’s 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. Claiming citizenship by double descent means you are claiming citizenship as a result of a UK-born grandparent. 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. Are you eligible for British citizenship by double descent? In such situations, the relevant father is considered as being British other than by descent and passes British citizenship to … British Citizenship By Double Descent. Read the 350+ five out of five star Google reviews of our immigration barristers. 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. The change in the law affects all South Africans who have a mother who is British by descent. The change in law puts an end to gender discrimination, which previously prevented UK citizenship from being transferred through the female line. Inheriting British citizenship by double descent is just one such way. Double descent claims are usually taken on a case-by-case basis. That is, I believe that as my maternal grandmother was British born, I should be eligible via double descent. South Africans born during the British Consulates registration period are affected by this judgement. This is known as double descent. My maternal grandmother was born in London before World War I. Since birth registrations at the British Consulate was permitted, it granted a potential route for citizenship by double descent in the male lines. Failing to do so, they will automatically lose their South African citizenship. This new route to UK citizenship affects thousands of previously ineligible people across the world. 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. 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. 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. These individuals became British citizens by descent. A query with respect to claiming citizenship by double descent. 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. 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. However, if you would like to, you can change your cookie settings at any time. Following. 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. How can you qualify for British Citizenship by Double Descent and be eligible to get a British Passport? 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. To the uninitiated, the rules on British citizenship can appear complex and sometimes confusing. I saw your post of facebook. 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. Becoming a citizen, Life in the UK test and getting a passport. 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. Sign up and receive our latest expert briefings, case-law alerts and immigration guides. 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. Children born outside the country from UK nationals can acquire British nationality “otherwise than by descent”. 6 years ago. 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. We use cookies to ensure that we give you the best experience on our website. Browse: Citizenship and living in the UK A to Z. British citizenship . This applies to anyone over the age of 10 at the date of application. Applications through the female line were to be dealt with on the same terms as applications for citizenship by descent from the father. The first solution. This meant that people were told they were not eligible for British citizenship because they were applying for it through their mother’s grandfather. There were different provisions for those who were born before 01 January 1983. The effect of the words “otherwise than by descent” is that there can be no “double descent”. 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I missed this 6-month window of opportunity unknowingly (I turned 18 in June 2010). 1. What is British Citizenship by Double Descent? Learn how your comment data is processed. You can get your citizenship status on the basis of a parent’s or, in some cases, grandparent’s British nationality. , those who had a mother who was British by descent can also benefit. 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. Charities, volunteering and honours your mother inherited British citizenship … Lv 7. This process is called claiming double descent. 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. Unfortunately we cannot assist with general immigration queries as we only specialize in financial emigration. Home » Are you eligible for British citizenship by double descent? We cover three scenarios relevant to a claim: Children Under 18. You or one of your parents was born in a former British colony. You may already know that there are many unusual ways in which you could claim British citizenship. My mother has successfully claimed citizenship via her mother’s British citizenship rights. The British Nationality Act 1981 allows individuals to naturalise under either Section 6(1) or 6(2) of the Act. If you continue without changing your settings, we’ll assume that you are happy to receive all cookies on FinGlobals website. However, there are guidelines put in place which you can follow if you are looking to claim British citizenship by descent through a grandparent. The Home Office reviews any claim for British citizenship by descent and judges it on a case-by-case basis. 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. Maggie. British citizenship through Double Descent. 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. You are not automatically British as British citizenship only passes down one generation outside the UK. 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). Adults Born After 1 Jan 1949. Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube. 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. Following Advocate General for Scotland v Romein [2018] UKSC 6, those who had a mother who was British by descent can also benefit. Only .doc or .pdf files. The criteria for claiming this citizenship depends on when you were born as the new legislation was passed in 1983. 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. Hi There my Mom is a British citizen. 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”. In 2003, this right was also applied retrospectively to those born before 1983. This site uses Akismet to reduce spam. Applicants Parent(s) Vault copy of birth certificate. 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 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. 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. There are many types of British nationals, most of whom do not automatically have a right to live in the UK. 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. Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube. 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