vdoyle

I’d be really grateful if someone could advise me on the following:
My husband (John) was born in South Africa in 1961 (SA part of the Commonwealth);
His mother (Judy) was born in South Africa in 1934 (SA part of the British Crown Dominions) to British parents;
Her parents were both born in England around 1904, so were British citizens.
Judy has always held a British passport with right of abode. John has always had a South African passport.
In some documents, it states that my husband has no claim to citizenship since his mother received hers by descent. In others, it states that he IS eligible for British citizenship, since the law changed in 2010, making it possible to claim through the maternal line, and due to the fact that both his maternal grandparents were born in England.

“For those born before 1983, it is more complex.
The fact that one is a British citizen by descent (or otherwise) is not generally shown on British passports. For that reason, it is necessary to provide more evidence when seeking proof of British citizenship for a child.
A person who is a British citizen by descent cannot "switch" to being a British citizen otherwise than by descent. However, there are mechanisms to deal with overseas born children of British citizens by descent where the British parent has close ties with the United Kingdom.”

John lived for two years as a child in England on his mother’s British passport (1964-1966) and again in 1974 for a year, when he went to school there. His parents also settled in England from 1988-1994 before moving to France. Would this count as having ‘close ties with the United Kingdom’?

I cannot get a clear answer on this; the law is so confusing. We know he qualifies for an Ancestry Visa, but a British passport would really be first prize. Does anyone have any advice? It would be very much appreciated! Thank you.

SanDiegogirl

Deleted by sdg

SanDiegogirl

I have re-read the article in "Wiki links, info on moving back to the UK" relating to British by descent.

My understanding of this is that since your husband's mother was born in South Africa of British parents, she is British by descent. Therefore British citizenship is not passed on to her son, your husband.

While with certain qualifications a person who is British by descent can obtain British citizenship for their child - mainly through residing in the UK for a minimum amount of time prior to applying for citizenship - this does not apply in your case. Your husband,and his parents, have not lived in the UK for 17 years and did not reside there for any considerable length of time.

I believe your reference to the claiming citizenship through the maternal line lies in the change of in the law whereby, those born of British mothers before 1983, and in certain circumstances, could apply/register for citizenship. Prior to this law being introduced it was citizenship through fathers that was important.

However, I believe that the fact that your husband's mother is British by descent is the deciding factor.

As you say he can apply for an ancestry visa.

JAJ

In that case he could have acquired U.K. & Colonies citizenship by registration when he was a child. Only British children were ever supposed to have been included on British passports - although this was not always the case prior to the early 1970s.

It would certainly have been possible for him to have been registered as a U.K. & Colonies citizen at the time, if there was an intention to settle in the United Kingdom.

Does he or his mother have any supporting documentation (for example, the old passport) or recollection of what went on at the time?

vdoyle

Thank you, both of you, for your response; it's much appreciated.

Luckily John's mother is in South Africa at the moment, and might actually have all her old passports with her - it is certainly worth looking into. Since it was so long ago, she can't remember offhand if she ever registered his birth or not ... so frustrating (but of course she wasn't to know about the future changes in the legal system)!

One just has to exhaust every possible avenue, since this is such an important issue. If there's even the remotest chance of being eligible for citizenship, it's certainly worth pursuing.

Thank you again for your advice.