Citizenship - mother and father both British by descent
 

Hello all, thank you BiP for all your advice so far, thought I would start a fresh thread with a new enquiry, see if anyone has any ideas or similar experience.

My husband born 1978 in Au. Mother and father both also born in AU but both had one British parent (maternal grandfather, whom he used to access his last ancestry visa and paternal grandmother). Neither parent has a British passport.

Maternal grandfather in the forces but before the birth of hubbys mother and for the AU forces.

Any ideas on whether we could go the citizenship route?

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Re: Citizenship - mother and father both British by descent
 

Providing your husband's maternal grandfather was born in the UK and was married to the maternal grandmother then it sounds like your husband would be eligible to register for British citizenship under the recent Romein case. Total cost: £80 (plus passport fee). Start here.

Re: Citizenship - mother and father both British by descent
 

Wow, ok. I've just done a quick read, I've read you're off on holiday so I better get my question in quick!
I can see it says if his mother was British by descent then we need to supply his grandfather's marriage cert and birth certificate, but also a certificate of naturalisation (?) I've never heard of this. His mother has never had a British passport. Would it make the process easier if she did?

So all we need to send off is the same documentation that we would for his ancestry visa?

P.s.THANK YOU!

Re: Citizenship - mother and father both British by descent
 

Sorry re the naturalisation, I'm not even sure he had a British passport. I'm assuming yes but he was three when he came to AU, he probably travelled on his mother's.

Re: Citizenship - mother and father both British by descent
 

It would be the same documentation as for the ancestry visa plus marriage certificates. His mother holding a British passport would be nice but not essential.

Re: Citizenship - mother and father both British by descent
 

This has made my year! Thank you so so so much.

Re: Citizenship - mother and father both British by descent
 

You're very welcome. Let us know how you get on.

Re: Citizenship - mother and father both British by descent
 

We definitely will do. Just to wrap up then after reading the guidance and the article this is what we would be submitting:
1. Husband's birth cert
2. His mother's birth cert
3. His maternal grandfathers birth cert
4 marriage cert to prove marriage at time of birth for maternal grandparents
5. Marriage cert to prove marriage at time of both for parents.

Anything you think I've missed?

Re: Citizenship - mother and father both British by descent
 

6. Your husband's passport.

All three birth certificates should be the 'full' versions.

Re: Citizenship - mother and father both British by descent
 

Of course silly me.

I think we have all the full birth certs from the last ancestry application.

Re: Citizenship - mother and father both British by descent
 

Brisbanebrit, I'm going to do something very uncharacteristic for me and tack a question onto your thread. I hope you don't mind.

BiP - I know you answered this question for me some years ago and there's no question that I'm not a British citizen by descent, but when you have a minute could you let me know where in the chain I 'fell down', for want of a better word? I think I understand, but I probably don't :unsure:

Me: born 1958 in Australia
Father born in Australia in 1931, father's mother and father (my paternal grandparents) both British
Father was married to my mother, mother was born in 1934 in Australia to a British mother and an Australian father (my maternal grandparents)

Neither my mother nor my father ever held a passport. Paternal grandparents emigrated from Scotland to Australia with British passports. Maternal grandmother emigrated from England to Australia with her parents as a young child

Just trying to add to my learning, thanks BiP

Re: Citizenship - mother and father both British by descent
 

That's such good news, I'm really pleased for you and your husband :thumbsup:

Re: Citizenship - mother and father both British by descent
 

British citizenship, both historically and currently, can usually only be passed down to the first generation born overseas. This is because the UK has taken a jus soli approach since the formalisation of its nationality laws. This contrasts with many other European nations, like Italy, who operate a jus sanguinis policy.

At the time of your birth British citizenship could only be passed down via the legitimate paternal line. When your parents were born Australia was part of the British Empire. All those born in any part of the British Empire were considered British subjects, regardless of whether they were born in the UK and any other Dominion, Colony, Protectorate, etc.. All were entitled to a British passport, British consular protection and the ability to move around the Empire freely.

This started to change post-WWII and the Dominions started to create their own categories of citizenship. The UK also changed its nationality law to restrict its citizenship whose with a direct connection to the UK and its remaining colonies. Your parents, having been born in Australia as British subjects, would automatically become Australian citizens in 1949 under the new Australian nationality law. Your father would've also become a Citizen of the United Kingdom and Colonies by descent by virtue of his father's birth in Scotland under the new British nationality law.

As your father was himself only a CUKC by descent at the time of your birth then you were one generation too far to automatically acquire CUKC.

Had your father registered you at a British consulate within a year of your birth then you would've also become a CUKC and later a British citizen. As he did not you remain solely an Australian citizen albeit eligible for a UK Ancestry visa through your grandparents.

HTH.

Re: Citizenship - mother and father both British by descent
 

It helps a lot, and you're a love. Thanks for taking the time.

Re: Citizenship - mother and father both British by descent
 

That's ok Spouse of Scouse, it helps me learn too, to clarify then (I am stressed and sleep deprived) our difference is that the british citizenship was passed through my husband's maternal line but your paternal line and that is what the new law redresses, the gender inequity of the old laws?