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