billcall5

Hello

I would be very grateful for any enlightenment whether my mother is likely to have a valid route to British citizenship by double descent through her maternal grandfather.

Both my mother's maternal grandparents were born in the UK (1881 and 1882) for which we have both UK birth certificates.
They were married in the Union of South Africa (a Dominion at the time) in 1911 for which we have the marriage certificate.
My mother's mother was born in the Union of South Africa (Dominion) in 1914 for which we have the birth certificate.
My mother's mother Union of South Africa passport issued 1937 states National of the Union of SA and a British subject by birth.
My mother's maternal grandfather died in 1938 and to our knowlege was not naturalised as a South African citizen.
My mother's maternal grandmother died in 1948 and was a British Citizen according to her Death Notice.
Neither grandparent was an Irish citizen on 01.01.4949.
My mother's mother married a South African National in 1941.
My mother was born in South Africa in 1945.
To our knowledge neither of mother's maternal grandparents was naturalised as a South African citizen by the time of of the birth or 21st birthday of my mother's mother.

I don't know how much of a factor it is that my mother's mother was born in a Dominion before 1915 and also whether my mother's mother became a citizen of the United Kingdom Colonies when the British Nationality Act was passed in 1948 and whether that may ultimately be acceptable grounds for my mother to qualify for British Citizenship by descent.

Does the fact that South Africa left the Commonwealth in 1961 and subsequent passing of the Commonwealth immigrant Act of 1962 which removed all references to South African citizens as British subjects detract from a potential application?

General notes:
South Africa originally became member of commonwealth prior to 01.01.1949 (but left in 1961)
South Africa was not a part of the UK and Colonies on 01.01.1949 as South Africa was a Dominion at the time.

Thank you
BC

az2014

British citizen App double descent- born pre-1949 South Africa

Why post the exact same thing again?

spouse of scouse

Because he was advised to. A mod has moved his thread from the Welcome Inn to here, nothing to do with the OP.

BritInParis

Were either of your mother's grandparents born on the island of Ireland?

billcall5

Hello, thanks for your question, neither of maternal grandparents were born on Island of Ireland. I think I may of found the answer I have been looking for but would be grateful if someone more knowledgeable than me could confirm correctness.

Prior to 1949, British nationality applied to all the Dominions. But from 1949, UK & Colonies citizenship only applied to ... the UK & Colonies, of which South Africa was not part of. And then in 1983, British citizenship was created to relate to the UK on its own, not the remaining colonies/territories.

At each stage it was possible for a British subject by birth (pre 1949) to become a CUKC by descent. Or, in 1983, a CUKC by birth could become a British citizen by descent.

If I understand it correctly in 1949 my mother's mother would of become a Citizen of UK and Colonies (CUKC) by descent which would mean my mother would not be legible for a british passport/citizenship?

BritInParis

When your mother was born everyone born within the British Empire was a British subject, regardless of whether they were born in the UK, a dominion, colony, protectorate, etc.. Starting from 1949 the UK and each dominion created their own nationality law, including South Africa. Those with an insufficient link to the UK or a British colony did not acquire the new status of CUKC but rather became a citizen of their dominion as each dominion continued its journey to full independence.

As the second generation born outside the UK your mother's connection to the UK, generally speaking, would be insufficient for her to now claim British citizenship. Because of the process of decolonisation, British nationality law is easily the most complex in the world and there a myriad of factors that could mean someone has a claim to British citizenship. On the face of it however I do not see that your mother does has a claim. If she had been born after 1949 then a recent Supreme Court decision would've allowed her to register as a British citizen. She remains eligible for a UK Ancestry visa however.

billcall5

Thank you very much for your feedback, very much appreciated.