In such situations, the relevant father is considered as being British other than by descent and passes British citizenship to … Double descent will require you to meet certain guidelines depending on when you and your grandparents were born. There were different provisions for those who were born before 01 January 1983. A British citizen by descent cannot automatically pass citizenship to a child born outside the UK. Welcome to Richmond Chambers. Required fields are marked *. Citizenship by double descent; British nationality law allows claims to come from a UK-born grandparent (known as double descent). We cover three scenarios relevant to a claim: Children Under 18. 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. Claiming citizenship by double descent means you are claiming citizenship as a result of a UK-born grandparent. We suggest making contact with a reputable UK Visa business. 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Your email address will not be published. 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. Last year we had a particularly strange case in which a man claimed British citizenship from someone who he wasn’t related to! 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. 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. 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. 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]. Lv 7. 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. 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. 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. Unfortunately we cannot assist with general immigration queries as we only specialize in financial emigration. The change in the law affects all South Africans who have a mother who is British by descent. My maternal grandmother was born in London before World War I. The effect of the words “otherwise than by descent” is that there can be no “double descent”. Inheriting British citizenship by double descent is just one such way. Are you eligible for British citizenship by double descent? To summarize, three conditions need to met for the applicant to consider this approach feasible. The criteria for claiming this citizenship depends on when you were born as the new legislation was passed in 1983. 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 … Only .doc or .pdf files. 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. Since birth registrations at the British Consulate was permitted, it granted a potential route for citizenship by double descent in the male lines. If you were born outside the UK, and so was your British parent, you are unlikely to be British by descent. Immigration barrister members are also regulated by the Bar Standards Board. Therefore, if you have a British parent and would like to know if you are a British citizen, you should seek expert legal advice. My mother was born in 1948 to a British-born mother and South African father. However, there are guidelines put in place which you can follow if you are looking to claim British citizenship by descent through a grandparent. 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. 6 years ago. 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. Some historic types of British nationality no longer exist. 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. These individuals became British citizens by descent. If you have a mother who is British by descent (i.e. To qualify for British Passport you must first be a British Citizen. My father was South African, my mother Rhodesian. It is not like in the USA where every child born there is a USA citizen (if they can prove it). Following. 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). 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. 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. I saw your post of facebook. 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. 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. Double descent claims are usually taken on a case-by-case basis. 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. This is known as double descent. This process is called claiming double descent. South Africans born during the British Consulates registration period are affected by this judgement. 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