British Citizenship by Double Descent (1979 Home Secretary)
Jun 9th 2019, 9:04 am
#1
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British Citizenship by Double Descent (1979 Home Secretary)
Hi,
My husband was born in Rhodesia and was registered as a British Citizen in 1981. His certificate of registration is 'British Nationality Acts 7 (1)'. It appears our children (age 11 and 15) are eligible to claim British Citizenship due to the following British Citizenship by Double Descent (1979 Home Secretary). It states the following:My husband was born in 1974 and was registered as a British Citizen in April 1981. His mother was born and lived in the UK. We live in South Africa. Are our daughters (and 11 and 15) able to claim British Citizenship?
Thank you for your help!
Regards, Tracey
My husband was born in Rhodesia and was registered as a British Citizen in 1981. His certificate of registration is 'British Nationality Acts 7 (1)'. It appears our children (age 11 and 15) are eligible to claim British Citizenship due to the following British Citizenship by Double Descent (1979 Home Secretary). It states the following:
This anomaly is a rare example when British Nationality could be passed from a UK-born grandmother down two generations to her grandchildren. The solution requires the following set of circumstances:
- the applicant born after 01.01.1983
- the relevant parent (a mother or father) born outside of the UK between 07.02.1961 and 01.01.1983
- the relevant parent was registered as a Citizen of the UK and Colonies (CUKC) - what is now considered as a British Citizen - as a child (i.e. before they turned 18) in the period between 07.02.1979 and 31.12.1982;
- the MOTHER of the parent in question (i.e. the relevant Grandmother of the applicant) must have been born in the United Kingdom (which includes Northern Ireland); AND
- the FATHER of the parent in question (i.e. the relevant Grandfather of the applicant) must have been born outside of the United Kingdom.
This solution relies on the fact that Merlyn Rees, the British Home Secretary at the time, announced in Parliament on 7 February 1979 that children born to a UK-born mother could be registered at the discretion of the Home Secretary and in advance of the 1981 Nationality Act coming into force. An unintended consequence of such a registration was that the parent was classified as being British otherwise than by descent, with the ability to pass British nationality to their children.So the key question is when the parent was registered as a British citizen. If it occurred after 31.12.1982, then the relevant parent became British by descent, without the ability to pass British nationality to their children (though there are other exceptions). However, if it took place before 01.01.1983, then there is a strong possibility that the parent became British otherwise than by descent, with the ability to pass British nationality to their children.
Thank you for your help!
Regards, Tracey
Jun 9th 2019, 10:45 am
#2
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Re: British Citizenship by Double Descent (1979 Home Secretary)
Does the certificate mention where he was registered?
Jun 9th 2019, 7:29 pm
#3
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Re: British Citizenship by Double Descent (1979 Home Secretary)
Where was your husband's father born? Rhodesia?
Jun 10th 2019, 8:42 am
#4
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Re: British Citizenship by Double Descent (1979 Home Secretary)
Hi, Although he was born in Salisbury, Rhodesia, his certificate was stamped by the British High Commission in April 1981 in Gaberone, Botswana.
His father (our daughters' grandfather) was born in Rhodesia.
Thanks for your help.
His father (our daughters' grandfather) was born in Rhodesia.
Thanks for your help.
Jun 10th 2019, 9:26 am
#5
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Posts: 18,192
Re: British Citizenship by Double Descent (1979 Home Secretary)
My understanding is that your daughters are British citizens by descent and you need only apply for their British passports.
https://www.gov.uk/overseas-passports
https://www.gov.uk/overseas-passports
Jun 10th 2019, 9:32 am
#6
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Re: British Citizenship by Double Descent (1979 Home Secretary)
Oh what wonderful news, thank you so very much for your help! We will definitely apply. If I can please ask for two more pieces of advise: (1) We really want to make sure we do the application process correctly so should we go through an agent or simply follow the link provided, and (2) do we apply for our oldest daughter first and then apply of our youngest daughter upon successful application of our oldest...or apply for both at the same time?
Again, you have been such a tremendous help, thank you!
Again, you have been such a tremendous help, thank you!
Jun 10th 2019, 5:48 pm
#7
Joined: Feb 2012
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Posts: 18,192
Re: British Citizenship by Double Descent (1979 Home Secretary)
I wouldn’t bother with an agent and I’d apply for both children at the same time.
