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