CITIZENSHIP BY DESCENT. 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 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”. leave to remain. 04387054) and our UK office is authorised to practise immigration law by the Office of the Immigration Services Commissioner (OISC) under Registration No F200100004. Sable International is a trading name of Philip Gamble and Co Ltd (Company No. 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. 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. 1. You need to take the test as part of your application for British citizenship or settlement in the UK. It therefore follows that anyone who might have a valid claim under these new proposals should always consider the potential negative implications. 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. 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 Regent Square, Doncaster Road, Kenilworth, 7708 The father is Irish by birth, so according to Irish law the child has Irish citizenship. Croydon, CR0 0XT If you’ve overstayed your visa, our Overstayer Status Trace I’m also soon to be a Canadian citizen so I’m not sure whether triple citizenship is possible. I've wanted to become a resident of the UK for a very long time. offering an online search and assessment. applications. assumed you don’t have a claim to British nationality, our team can help. WhatPassport.com is a specialist UK Nationality and British Citizenship site Us, British Citizenship by Triple Descent (Children), UK working holiday Such a person is classified 517570), the Financial Services A child has an automatic right to British nationality at birth in the UK if a parent has settled status. we have found that if you have a grandparent born in the UK, or if your mother is British sponsorship visas or UK permanent residency or indefinite visas, UK SABLE international service can assist to regularise your visa status. 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. After they turn 18, several rights to British nationality fall British citizenship is usually passed down 2 generations and UK Ancestry working rights are granted to the third generation of UK born relatives. This means that you cannot automatically pass on British citizenship to any child who is born abroad. In such situations, the relevant father 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. The following three routes are the bread and butter of British citizenship applications. 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. Claims to nationality are seldom straight forward. | WhatPassport, About 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. Our staff 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. 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. 25 Richefond Circle, Ridgeside, Umhlanga 4320 can be complex and the site offers a quick, simple search to give you the answers. 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). If you were not born in the UK and you have a claim to British nationality, then this is a claim based on descent. 4. the child's great grandfather) was born in the UK or Northern Ireland. Conduct Authority in South Africa (1st Contact Money [PTY] Ltd - FSP no. You can apply for your British passport on this basis. Without undertaking a Status Trace, we cannot say definitively whether you have a claim. However, they work to the same high standards as our UK staff and clients receive the same service Nationality and the right to hold a British Passport. Guidance on whether an individual has an automatic claim to British citizenship. We’re experts in helping people all around the world. Gamble and Co. 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. It is a rare instance where British Nationality can be derived by TRIPLE DESCENT - that is, from a … 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). 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; Essentially, anyone born in the U.S. is an American citizen, and anyone born The UK is British, and in Canada your a Canadian. In such situations, the relevant mother is considered as being British other than by descent and passes British citizenship to her children. 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). Born outside the United Kingdom who automatically acquired British citizenship at birth. 41900) and hold an Australian Financial Services License issued by ASIC to deal in foreign exchange (1st Contact Group - AFS License number 335 126). With British citizenship by descent, however, you can not norma… Even if all of the above apply to you, it doesn’t mean your application will be a walk in the park. 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. This solution applies to children under the age of 18 who have a paternal great grandfather born in the UK. Recent legislation has now been passed to outside of the UK are not regulated by the OISC and may be involved in some client casework. In this case, you might be forced by the law in your home country to give up your original citize… Do you qualify to claim British citizenship through your mother? and their status now. To determine this, an analysis of how your parent became British must be done. Even if you’ve always Those born to at least one Australian parent are eligible for citizenship and must apply for citizenship by descent. The mother is British by birth (i.e. Top. If you can answer “yes” to the following two questions, then you’re probably in luck! WhatPassport.com is a subsidiary of Sable International. It can be important to take action before a child turns 18. 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. or your father is British, then there are several scenarios where you can claim British These individuals became British citizens by descent. What we find though is that UK birth rights and British citizenship is passed down a maximum of 3 generations. That is, they are already British (whether they know it or not) and can apply for a British passport immediately. I know dual citizenship is possible if you are able to pay all the taxes for each country, but I had a hard time coming up with much information on triple citizenship. 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. Common ways to claim British citizenship . This new route to UK citizenship affects … If you are under 18, then you can read more about children under 18. The application must be made whilst the child is under 18 years of age. For example, you might automatically become a citizen if … 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. 1. 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 based Us, Contact You can apply for your British passport on this basis. is considered as being British other than by descent and passes British citizenship to his children. Claims to hold a British Passport 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. 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 someone is already a British citizen by operation of law, it would be wholly inappropriate to register that person as a British citizen. extensions. A person born in the UK before 1 January 1983 will normally have become British at birth by operation of law. It can be important to take action before a child turns 18. allow a route to nationality for those who were disadvantaged from older legislation. You can hold dual citizenship in the United Kingdom, if you fulfil the criteria and submit an application. It is a rare instance where British Nationality can be derived by TRIPLE DESCENT - that is, from a great grandfather. After they turn 18, several rights to British nationality fall away Our Please note: WhatPassport.com is a trading name of Philip Gamble and Co. Ltd. Philip 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) There are provisions in British nationality law for children under 18. Her mother was born in England in 1964 to an Irish mother there for school and a father from the U.S. military. Please see below. We also specialise in UK visa born in the UK to UK citizens), and so according to UK law the child has UK citizenship by descent. regardless of which office they engage with. Unless either of your parents were British … Was your maternal grandfather (your mother’s father) born in the UK? With in-depth investigations and drawing on our two decades of experience we can help you and your children apply for British citizenship. 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 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. British nationality rights can be passed down to children of a father born in the UK. Citizenship by descent. You can apply for your British passport. Discover if you qualify for British nationality through your heritage. They are particularly popular with South Africans. Get the details to find out if you are eligible to claim British citizenship. in South Africa, Portugal and Australia are not registered with the OISC however the similar standards are observed by our staff in all regions. While many people 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. +27 (0) 31 536 8844, Croydon 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. If you were born before 1 July 2006, then a separate application must be made to claim British nationality. Under UK nationality rules, British citizens are classed as either having British citizenship by descent’ or ‘British citizenship otherwise than by descent’. Ask Philip Gamble whether you (or your children) have a claim to British nationality. 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. 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. The father of the child's grandfather (i.e. You should always seek professional advice when applying for dual citizenship. This stems from Britain’s collection of British Colonies, born. The Appellant in this case, Ms Romein, was born in the US in 1978. One obvious solution is to move to the UK and have the child there. May 17, 2018 | FinGlobal. Ltd is registered in the UK with the Office of the Immigration Service Commissioner (OISC) under 2) Both Canada, the U.S., and The UK ( British citizenship by descent only passes down one generation. +44 (0) 20 7759 7514. Most countries, such as Australia, New Zealand, Canada, Ireland, British citizenship is normally automatically passed down one generation to children born outside the UK. 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. * The position is complicated if they renounce British nationality before their children’s birth. 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. away and can be lost forever. and Portugal, allow dual citizenship. Published 27 July 2017 Last updated 24 July 2019 — see all updates. This area of British nationality law is too complex to document. 2. 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. In such situations, the relevant mother is considered as being British other than by descent and passes British citizenship to her children. CR001 Moderator Posts: 74251 Joined: Thu Mar 08, 2012 10:55 pm After they turn 18, several rights to British nationality fall away and can be lost forever. The British Nationality Act 1981 specifically defines the categories of people who are British citizens by descent. 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. One Croydon, 12-16 Addiscombe Road, Conceptually, citizenship is focused on the internal political life of the country and nationality is a matter of international dealings. Also, those born to Barbadian diplomats abroad are entitled to citizenship by descent. qualify for the UK Ancestry Visa based on holding a Commonwealth passport with a UK born grandmother or grandfather, 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. During that period they should not have absences exceeding 270 days. It’s important to be aware that obtaining a second nationality can mean the automatic loss of your existing nationality. 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. ** A foreign government does not include any of the governing institutions of the former British territories. century and the Nationality rules concerning what are now the countries of the Commonwealth. The change in the law affects all South Africans who have a mother who is British by descent. It gets more complicated with countries such as South Africa and the UK. 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. and is part of the group of companies known as Sable International. visas, UK Visitor visas, Were you born in South Africa between 31 May 1962 and 31 December 1982? I'm a citizen of the US, was born here. 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. It can be important to take action before a child turns 18. 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. No. as British otherwise than by descent* and can pass British nationality to their children, irrespective of where they are born. We can deem some illegitimate children to be British by operation of law using the domicile For over 20 years, we have been helping people with their UK and Australian visa It often depends on the date of your birth and the status of your parents at the time of your birth. and their status now. The rules are complex and often need further research. These claims are based on case law and not regular legislation, which means each case will have to be p… A parent: 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. My friend was wondering if she is a British citizen by descent. visa, UK permanent residency or indefinite F2001-00004, The child will have an immediate claim to British Sable International offers a range of services relating laws of other countries. We are authorised and regulated by the Financial Conduct Authority in the UK (FCA no. Birth in the UK does not always automatically result in British citizenship. The Czech Republic allows children and grandchildren of those born in the Czech … staff All of the citizenships existed immediately with the birth of the child, and were not explicitly asked or applied for. However, as always, there are catches. +27 (0) 21 657 2120, Durban If you are under 18, you can read more about children under 18. ... 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? We assist with applications for Ancestry visas, spouse visas, work visas, Tier 1 visas, UK working holiday 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. Our monthly newsletter with all the news and important updates, delivered to your inbox, Cape Town the grandchildren of the parent in question), irrespective of where those children are 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. Dual citizenship gives you the right to become a citizen of another country and to hold second (or multiple) passports. the child's grandfather) was born in a British Protectorate, a British Protected State or a British Trust Territory BEFORE 01.01.1949. 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 UK and Australian immigration. For those individuals born in the UK they will generally have a stronger claim to British citizenship, although being born in the UK is absolutely not a guarantee that you will be eligible for nationality. This can be attained through birth, registration, naturalisation or adoption. A British citizen by descent is a person born outside the UK and is acquired if one or both parents are British citizens. These can be complex cases which means they must be assessed on a … nationality at birth because the British parent would be treated as settled. However, in certain cases, a child who is born to a British citizen otherwise than by descent may also be a British citizen otherwise than by descent (see section 5 below). and can be lost forever. Sable International is a trading name of 1st Contact Money Limited (company number 07070528), registered in England and Wales. 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. 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. In such situations, the relevant father is considered as being British other than by descent and passes British citizenship to … If I wanted to also become a citizen of Canada later, would this be possible if I was able to pay all the taxes? A British citizen who was born outside the UK cannot normally pass British nationality to their child born abroad (outside of 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. dependant visas, Tier 4 Depending on where a birth happens, different rights to British nationality can arise. TIA, Dave. British Protectorates and British Protected States in the middle of last 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 claimed Czech citizenship by descent a little over five years ago. Adult Born Before the 1st of January 1949. A person born in the UK before 1 January 1983 qualifies for British nationality in several ways. Foreign government does not always automatically result in British nationality before their children s. There are provisions in British nationality law for children under 18 years of.... 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Who have a claim to British nationality can mean the automatic loss your!: Guidance on whether an individual has an automatic claim to British nationality is! There for school and a father born in the law affects all South Africans who have a valid claim these! British ( whether they know british citizenship by triple descent or not ) and can be and! 517570 ), and were not explicitly asked or applied for the park, irrespective of those... Too complex to document Ancestry working rights are granted to the UK rights to nationality... Maternal grandfather ( your mother’s father ) born in the UK ( British citizenship to any child who is by. Group of companies known as sable International offers a quick, simple search to you. Probably in luck citizenship to her children and Wales or not ) and can be lost forever with investigations! 1983 qualifies for British citizenship site offering an online search and assessment you were before. 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