ClarieMc

Am I eligible to register as a British Citizen?

My maternal grandfather was born in London (1898). My mother was born in Cape Town, South Africa, when it was still a Dominion of the UK (1935). I was born in 1973 in Durban, South Africa. My mother has a British passport.

laven

http://britishexpats.com/wiki/Britis...hip_by_Descent

WAs South Africa a British colony in 1935? what does dominion mean? if SA was indeed a colony, your mom must be british citizen by birth, not by descent, meaning she can pass uk citizenship to you no problem. its just my understanding, please do not rely on this.

ClarieMc

South Africa was a colony and then in 1910 the Union of South Africa. We only got independence from the UK in the 1960s. We lost membership to the Commonwealth at some point (after my birth) and then regained it in the 1990s. There is some complex information to wade through about what happens before 1949 and before and after 1983.

I would just like to know (without paying thousands of pounds to an immigration lawyer) if I could apply for registration as a British Citizen and then later apply for a British passport?

There seems to be so much information available but none of it is very clear.

laven

Did you mom acquire SA citizenship in 1949?

To my undersatnding if she did , she became UK cititzen by descent therefore South Africans stopped being UK cititzens simply by being British subjects (or Commonwealth citizens) and your mom stayed UK cititzen only because her dad was UK born British citizen, so she cannot pass the citizenship to you,

if she didnt acquire SA cititzenship she is still UK citizen by birth so ypu can register as a citizen by descent.

Anyway if the first scenario is the case there is still ancestry visa available for toy.

Your mom didnt live in th UK for 3 years prior to your birth?

Again, its just my personal opinion, I can be wrong, Im not a lawyer or anything, just read couple of British national acts. Btw, why do you have to pay to a lawyer, can you just submit docs and se what happens?

JAJ

If mother got UK citizenship in 1949 on the basis of NOT becoming a South African citizen (there were "mop up" provisions in UK law to deal with British subjects not becoming citizens of any Dominion) then she would still be treated as a UK citizen by descent.

An ancestry visa looks like the best hope. Or Irish citizenship if any of the UK grandparents were born in Ireland or Northern Ireland.

laven

why? her father was British citizen otherwise by descent and she was a natural born British subject being born in a British Domnion in 1935 and if she didnt acquire SA citizenship thus she didnt cancel her natural born UK citizenship she kept on being a natural born UK citizen)))))

if she did acquire SA citizneship she cancelled her natural UK citizenship and if not her UK born father she wouldnt be UK citizen at all))) all she was left with is UK citiznenship be descent. this is how I understood.

JAJ

There was no such thing as Citizenship of the UK & Colonies (CUKC) before 1949. Many people who were British subjects by birth became CUKC by descent on 1.1.49.

Similarly, many CUKCs by birth became British citizens by descent on 1.1.1983.

laven

I know there was no such thing as citizenship iof UK and Colonies before 49th.

Ive never seen in the act od 1948 that british subject born in a colony or dominion (provided he didnt acquire citizenship of the dominion) became citizenship of UK and Colonies by descent. If so, well mom is a citizen by descent, could you quote that from the act to the OP?

JAJ

http://www.legislation.gov.uk/ukpga/...ntents/enacted

Sections 12 and 13, particularly.

laven

seems like JAJ correct, so Op can apply for ancestry visa only

Minx_wolf

Hi my son and I are both British Citizens and have British passports plus we both have South African passports, what I would like to know is, we leaving South Africa for good in June for the UK. Do we leave on our SA passport and enter the UK on our British passport? and also do I need any paper work? I know I do not need to emigrate as we both are British, will I be asked at Heathrow passport control for any forms etc:? Sorry for asking a dumb question!!!! I have lived in South Africa a long time and my son was born here. Thank you

Gabgoeshome

If you both have British passports ,you enter on those .

No paperwork ...very easy !

SuperRams

I am not sure of the rules in SA but in the US i think they ask that you leave the US with your US passport and then enter the UK obviously using your UK passport.

Rete

Minx-Wolf

You didn't post a reply but reported a post. I suggest you repost your question in the thread.