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British passport by decent and or double decent for my son

British passport by decent and or double decent for my son

Old Jan 2nd 2017, 3:48 pm
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Default British passport by decent and or double decent for my son

Hi all.

Here is my situation...

I was born to a South African mother and British citizen father out of wedlock in 1988 in South Africa. My parents went on to marry 10 months later in in South Africa. They are now divorced. My fathers entire side of the family are all British citizens born and bread. I know I qualify for British citizenship by decent however this enquiry is not for myself however but for my 2 year old son. Am I able to get him double decent?

We (myself husband and son) are currently residing in the U.K. On my ancestry visa and have been here since June 2016. However don't see the stay as long term for the time being. Any advise would be greatly appreciated.

Thanks
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Old Jan 2nd 2017, 4:38 pm
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Default Re: British passport by decent and or double decent for my son

If you are a British citizen "by descent" can you pass on that citizenship to children ? I think not.


I do not think the expression "by double descent" appears in the regulations.
https://www.gov.uk/government/public...y-instructions


Britinparis will explain it all.

Last edited by scot47; Jan 2nd 2017 at 4:41 pm.
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Old Jan 2nd 2017, 4:54 pm
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Default Re: British passport by decent and or double decent for my son

Thanks scot47

Why would that option then be available via Philip Gamble assessment?
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Old Jan 2nd 2017, 5:29 pm
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Default Re: British passport by decent and or double decent for my son

If you're a British citizen then your ancestry visa is invalid. I appreciate it's a cheaper way to get your family into the UK but I would look to obtain the correct visa for your husband and son as soon as possible.

Unless you spent at least three consecutive years in the UK before your son was born or your father was in Crown service at the time of your birth then your son won't be eligible for British citizenship by descent or registration at the moment.

I would recommend your husband and son return to South Africa to apply for their spouse and child visas as soon as possible. Providing you have been working for the previous six months in the UK earning at least £18,600 p.a. then you will fulfil the financial requirements to sponsor your husband.

Your son will receive Indefinite Leave to Enter meaning he will be eligible for registration as a British citizen otherwise than by descent after three years.

Your husband will receive Leave to Enter for 2.5 years after which he will need to apply for Further Leave to Remain for another 2.5 years. At the end of the five years he will be eligible for Indefinite Leave to Remain and then naturalisation as a British citizen immediately afterwards as the spouse of a British citizen. He will need to apply to retain his South African citizenship in advance of his naturalisation application or he will automatically lose his SA citizenship upon becoming a British citizen.

Last edited by BritInParis; Jan 2nd 2017 at 5:32 pm.
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Old Jan 2nd 2017, 5:46 pm
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Default Re: British passport by decent and or double decent for my son

I find it very strange that the ancestry visa would be invalid as I do not hold citizenship at present. I applied through my grandmother and the HM office approved it....

So if my husband and son then do go back and reapply is it only 3 years until my son qualifies for a passport? I don't understand why it is so complicated as we have ties with uk as my whole paternal side are citizens and have been since birth.
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Old Jan 2nd 2017, 5:50 pm
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Default Re: British passport by decent and or double decent for my son

Originally Posted by MRSTOMo
I find it very strange that the ancestry visa would be invalid as I do not hold citizenship at present. I applied through my grandmother and the HM office approved it....

So if my husband and son then do go back and reapply is it only 3 years until my son qualifies for a passport? I don't understand why it is so complicated as we have ties with uk as my whole paternal side are citizens and have been since birth.
Unless there is some complication which BiP hasn't mentioned, so have you.

You may not have applied for a GB passport, but you are a citizen already. Thus not eligible for an Ancestry visa.
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Old Jan 2nd 2017, 6:04 pm
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Default Re: British passport by decent and or double decent for my son

Originally Posted by Novocastrian
Unless there is some complication which BiP hasn't mentioned, so have you.

You may not have applied for a GB passport, but you are a citizen already. Thus not eligible for an Ancestry visa.
So HM office has granted me entry illegally then? This is very disturbing if what you say above is true.
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Old Jan 2nd 2017, 6:10 pm
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Default Re: British passport by decent and or double decent for my son

Originally Posted by MRSTOMo
So HM office has granted me entry illegally then? This is very disturbing if what you say above is true.
BiP is the expert, I'm sure he'll explain better than I.
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Old Jan 2nd 2017, 6:14 pm
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Default Re: British passport by decent and or double decent for my son

Originally Posted by MRSTOMo
So HM office has granted me entry illegally then? This is very disturbing if what you say above is true.
If you applied for the Ancestry visa through your grandmother, and no-where on the application stated that your father was a British citizen "other than by descent" (ie he was able to pass on British citizenship to you), then the HO quite rightly issued an Ancestry visa.

There was another case, in a different forum, of a Brit citizen obtaining an Ancestry visa because, as he did not have a British passport, he applied for the Ancestry visa via his Australian passport.

As you say, you knew that you qualified for British citizenship - you just had not obtained the passport.
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Old Jan 2nd 2017, 6:27 pm
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Default Re: British passport by decent and or double decent for my son

What an interesting situation.

Included in the documents which one must provide for the Ancestry visa is the full birth certificate of the parent and grandparent the ancestry claim is based on.

If the OP had sent in the full birth certificate of her father then that would have shown her father as being born in the UK - and hence being able to pass on British citizenship to his daughter.

Someone slipped up here ?
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Old Jan 2nd 2017, 6:46 pm
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Default Re: British passport by decent and or double decent for my son

My sentiments exactly and I know for a fact I'm not the first to have done this route...
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Old Jan 2nd 2017, 7:03 pm
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Default Re: British passport by decent and or double decent for my son

Originally Posted by MRSTOMo
My sentiments exactly and I know for a fact I'm not the first to have done this route...
....however, if at some time you apply for a spouse visa for your husband in order to remain on a permanent basis, this error might be picked up ?

Personally I'd do what BIP suggests and plan for hubby to return to SA and apply for spouse visa correctly.
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Old Jan 3rd 2017, 9:41 pm
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Default Re: British passport by decent and or double decent for my son

The key is in the marital status of the OP's parents at the time of her birth. British fathers were unable to pass on their citizenship outside wedlock in 1988 so at the time of her birth the OP was not a British citizen. When her parents married it would have normally legitimised her back to the time of birth for the purposes of British nationality law however an ECO processing an application for an ancestry visa would not be aware of this unless the OP had also provided her parents' marriage certificate.
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Old Jan 4th 2017, 12:24 am
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Default Re: British passport by decent and or double decent for my son

Here is the list of documents required for Ancestry Visa:

Ancestry documents
You’ll also need to provide:

your full birth certificate
your marriage certificate or civil partnership registration document if your husband, wife or civil partner wants to join you
the full birth certificates of the parent and grandparent your ancestry claim is based on
marriage certificates for your parents and grandparents and legal adoption papers if you or your parents are adopted

.... and the marriage certificate for her parents should have been provided.

...... so the plot thickens !
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Old Jan 4th 2017, 7:04 pm
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Default Re: British passport by decent and or double decent for my son

Originally Posted by SanDiegogirl
Here is the list of documents required for Ancestry Visa:

Ancestry documents
You’ll also need to provide:

your full birth certificate
your marriage certificate or civil partnership registration document if your husband, wife or civil partner wants to join you
the full birth certificates of the parent and grandparent your ancestry claim is based on
marriage certificates for your parents and grandparents and legal adoption papers if you or your parents are adopted

.... and the marriage certificate for her parents should have been provided.

...... so the plot thickens !
It's also not beyond the realms of possibility that the Home Office screwed up. Not that it will help the OP and her family in five years time. Better to fix it themselves now.
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