A British citizen by descent cannot automatically pass citizenship to a child born outside the UK. We can unfortunately not assist with general immigration queries as we specialise in the areas of financial emigration. 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. There were different provisions for those who were born before 01 January 1983. 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. 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. Have a grandparent who was born in the United Kingdom, the Channel Islands, the Isle of Man, on a British-registered ship or aircraft or in the Republic of Ireland before 31 March 1922; Intend to work or be self employed in the UK; Be able to maintain and accommodate yourself in the UK. 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. **Please note that FinGlobal cannot provide you with UK Visa and residency advice, however, we can definitely assist with your financial emigration and foreign exchange…. Charities, volunteering and honours A change in British nationality law means that thousands of South Africans, who were previously prevented from claiming British citizenship, are now able to. 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. This new route to UK citizenship affects thousands of previously ineligible people across the world. Adults Born Before 1 Jan 1949 British Citizenship by double descent, new ruling « on: August 21, 2018, 06:57:39 PM » Those born between 1949 and 1983, in a country that was not at the time in the British Commonwealth, and who has a maternal grandfather who was born in the UK, should now be able to register as a British citizen due to the recent Advocate General for Scotland v Romein ruling. These individuals became British citizens by descent. Am l eligible to become a citizen. Last year we had a particularly strange case in which a man claimed British citizenship from someone who he wasn’t related to! 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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. Double descent will require you to meet certain guidelines depending on when you and your grandparents were born. By visiting this website, you consent to our. We’ve got our finger on the pulse, making sure you’re up-to-date. Plus my wife and 2 girls. 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. This meant that people were told they were not eligible for British citizenship because they were applying for it through their mother’s grandfather. 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. We suggest making contact with a reputable UK Visa business. Some historic types of British nationality no longer exist. If you do not do this, you automatically forfeit your South African citizenship when you acquire your British citizenship. If you have a mother who is British by descent (i.e. 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. Lv 7. Browse: Citizenship and living in the UK A to Z. British citizenship . The effect of the words “otherwise than by descent” is that there can be no “double descent”. Delivering a judgment which makes no attempt to disguise his academic interests as a historian, Lord Sumption delivered a simple solution to a question of statutory interpretation that has been described as “impenetrable” by … To qualify for British Passport you must first be a British Citizen. That is, I believe that as my maternal grandmother was British born, I should be eligible via double descent. This guidance tells Home Office staff how to consider whether an individual has an automatic claim to British citizenship. Maggie. 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). 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. 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). Services Provider FSP # 42872 | FinGlobal | © 2017: //www.gov.uk/government/collections/british-overseas-territories-citizens-botc-nationality-guidance immigration for information. Case-Law alerts and immigration guides assist with general immigration queries as we specialize. As we specialise in the UK by the Bar Standards Board your cookie settings at any time descent, automatically! Nationality “ otherwise than by descent for citizenship by double descent on same! 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