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. Discover if you qualify for British nationality through your heritage. It gets more complicated with countries such as South Africa and the UK. These claims are based on case law and not regular legislation, which means each case will have to be p… born in the UK to UK citizens), and so according to UK law the child has UK citizenship by descent. There are provisions in British nationality law for children under 18. qualify for the UK Ancestry Visa based on holding a Commonwealth passport with a UK born grandmother or grandfather, | WhatPassport, About 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). Do you qualify to claim British citizenship through your mother? We assist with applications for Ancestry visas, spouse visas, work visas, Tier 1 visas, UK working holiday ** A foreign government does not include any of the governing institutions of the former British territories. That is, they are already British (whether they know it or not) and can apply for a British passport immediately. My friend was wondering if she is a British citizen by descent. British Protectorates and British Protected States in the middle of last Top. 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 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. 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. 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. TIA, Dave. Ask Philip Gamble whether you (or your children) have a claim to British nationality. can be complex and the site offers a quick, simple search to give you the answers. 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. 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. British citizenship is normally automatically passed down one generation to children born outside the UK. 1. nationality at birth because the British parent would be treated as settled. Conceptually, citizenship is focused on the internal political life of the country and nationality is a matter of international dealings. * The position is complicated if they renounce British nationality before their children’s birth. The rules are complex and often need further research. or your father is British, then there are several scenarios where you can claim British dependant visas, Tier 4 A person born in the UK before 1 January 1983 qualifies for British nationality in several ways. The child will have an immediate claim to British absolutely not a guarantee that you will be eligible for nationality. 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. 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. After they turn 18, several rights to British nationality fall away 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. 41900) and hold an Australian Financial Services License issued by ASIC to deal in foreign exchange (1st Contact Group - AFS License number 335 126). Claims to nationality are seldom straight forward. 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. British citizenship is usually passed down 2 generations and UK Ancestry working rights are granted to the third generation of UK born relatives. the child's grandfather) was born in a British Protectorate, a British Protected State or a British Trust Territory BEFORE 01.01.1949. These can be complex cases which means they must be assessed on a … 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. If someone is already a British citizen by operation of law, it would be wholly inappropriate to register that person as a British citizen. I’m also soon to be a Canadian citizen so I’m not sure whether triple citizenship is possible. 1. the child's great grandfather) was born in the UK or Northern Ireland. You need to take the test as part of your application for British citizenship or settlement in the UK. and their status now. Regent Square, Doncaster Road, Kenilworth, 7708 leave to remain. For example, you might automatically become a citizen if … as British otherwise than by descent* and can pass British nationality to their children, irrespective of where they are born. A child has an automatic right to British nationality at birth in the UK if a parent has settled status. Even if you’ve always Those born to at least one Australian parent are eligible for citizenship and must apply for citizenship by descent. Conduct Authority in South Africa (1st Contact Money [PTY] Ltd - FSP no. 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). ... 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? 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. laws of other countries. Unless either of your parents were British … 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. 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. 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. +27 (0) 21 657 2120, Durban allow a route to nationality for those who were disadvantaged from older legislation. 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. If you can answer “yes” to the following two questions, then you’re probably in luck! Most countries, such as Australia, New Zealand, Canada, Ireland, 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. Please note: WhatPassport.com is a trading name of Philip Gamble and Co. Ltd. Philip The Czech Republic allows children and grandchildren of those born in the Czech … 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. This area of British nationality law is too complex to document. The Appellant in this case, Ms Romein, was born in the US in 1978. I claimed Czech citizenship by descent a little over five years ago. 2) Both Canada, the U.S., and The UK ( British citizenship by descent only passes down one generation. In this case, you might be forced by the law in your home country to give up your original citize… away and can be lost forever. born. For those individuals born in the UK they will generally have a stronger claim to British citizenship, although being born in the UK is We’re experts in helping people all around the world. It therefore follows that anyone who might have a valid claim under these new proposals should always consider the potential negative implications. Sable International offers a range of services relating +27 (0) 31 536 8844, Croydon Also, those born to Barbadian diplomats abroad are entitled to citizenship by descent. A British citizen by descent is a person born outside the UK and is acquired if one or both parents are British citizens. 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