Am I a British citizen? (Or could I easily become one?)
Jan 9th 2013, 4:47 am
#1
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Am I a British citizen? (Or could I easily become one?)
Hello all... Hopefully someone can help me out with this...
My grandfather was born in South Africa sometime in the 1910's or 20's to British parents. He served in the British Army during WWII. My father was born in South Africa in 1969. My grandfather and my father emigrated to the US around 1982. I was born in the US in 1990. My father became a US citizen in 2007.
Would I be a British citizen by descent, as my father was born in a British territory to British parents?
I have been looking to emigrate to the UK for a while now, and was only made aware of British citizenship by descent recently...
Thanks everyone.
My grandfather was born in South Africa sometime in the 1910's or 20's to British parents. He served in the British Army during WWII. My father was born in South Africa in 1969. My grandfather and my father emigrated to the US around 1982. I was born in the US in 1990. My father became a US citizen in 2007.
Would I be a British citizen by descent, as my father was born in a British territory to British parents?
I have been looking to emigrate to the UK for a while now, and was only made aware of British citizenship by descent recently...
Thanks everyone.
Jan 9th 2013, 5:07 am
#2
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Re: Am I a British citizen? (Or could I easily become one?)
Your father was not born in a British territory. South Africa was an independent republic in 1969. I doubt that you are a UK citizen by descent.
Jan 9th 2013, 5:13 am
#3
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Re: Am I a British citizen? (Or could I easily become one?)
Oops, I meant to say former British territory. Would any of my family relationships make it easier to apply?
Jan 9th 2013, 5:22 am
#4
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Re: Am I a British citizen? (Or could I easily become one?)
Also, I'm not sure if my father still has South African citizenship after he naturalized, but if he did, since it is part of the Commonwealth would that make him a Commonwealth citizen even though he was born before they rejoined?
Jan 9th 2013, 1:15 pm
#7
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Re: Am I a British citizen? (Or could I easily become one?)
AFAIK, just about the only advantage of Commonwealth Citizenship is the ability to vote in a UK general election.
For example, a Canadian or Nigerian living in the UK would be eligible to vote straight away.
I was quite amused to find out out that my UK passport counts for diddly squat in Canada when it comes to suffrage. Screw Commonwealth Citizenship, Canadian citizens only !
I have the feeling that the UK is just about the only country that still cares.
For example, a Canadian or Nigerian living in the UK would be eligible to vote straight away.
I was quite amused to find out out that my UK passport counts for diddly squat in Canada when it comes to suffrage. Screw Commonwealth Citizenship, Canadian citizens only !
I have the feeling that the UK is just about the only country that still cares.
Jan 9th 2013, 1:37 pm
#8
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Re: Am I a British citizen? (Or could I easily become one?)
Hello all... Hopefully someone can help me out with this...
My grandfather was born in South Africa sometime in the 1910's or 20's to British parents. He served in the British Army during WWII. My father was born in South Africa in 1969. My grandfather and my father emigrated to the US around 1982. I was born in the US in 1990. My father became a US citizen in 2007.
Would I be a British citizen by descent, as my father was born in a British territory to British parents?
I have been looking to emigrate to the UK for a while now, and was only made aware of British citizenship by descent recently...
Thanks everyone.
My grandfather was born in South Africa sometime in the 1910's or 20's to British parents. He served in the British Army during WWII. My father was born in South Africa in 1969. My grandfather and my father emigrated to the US around 1982. I was born in the US in 1990. My father became a US citizen in 2007.
Would I be a British citizen by descent, as my father was born in a British territory to British parents?
I have been looking to emigrate to the UK for a while now, and was only made aware of British citizenship by descent recently...
Thanks everyone.
Persons born before 1 January 1983
Born outside the "United Kingdom and Colonies" and automatically acquired U.K. citizenship at birth due to father being British born or naturalised.
Born or naturalised in a colony with a parental or grand-parental link to the United Kingdom. (there may be exceptions if U.K. citizenship was lost at independence of a colony and then re-acquired).
Registered as a Citizen of the U.K. & Colonies by a British High Commissioner in an independent Commonwealth country under section 7 of the British Nationality Act 1948 (children under 18), if the registration was done on or after 28 October 1971. (note that some in this category are British Overseas citizens, instead of British citizens).
Women who acquired citizenship by registration under section 6(2) of the 1948 Act (wives of British men) to a man who became a British citizen by descent on 1 January 1983, or would have done if living.
Persons born before 1949 who acquired U.K. citizenship under the 1948 Act under special provisions for those connected with the former Dominions (Australia, Canada, New Zealand, South Africa, plus Southern Rhodesia and the Republic of Ireland) who did not become citizens of these countries when they introduced a citizenship law.
Note that the majority covered by these provisions became British Overseas citizens, but if British citizens they would usually be citizens by descent.
Born outside the "United Kingdom and Colonies" and automatically acquired U.K. citizenship at birth due to father being British born or naturalised.
Born or naturalised in a colony with a parental or grand-parental link to the United Kingdom. (there may be exceptions if U.K. citizenship was lost at independence of a colony and then re-acquired).
Registered as a Citizen of the U.K. & Colonies by a British High Commissioner in an independent Commonwealth country under section 7 of the British Nationality Act 1948 (children under 18), if the registration was done on or after 28 October 1971. (note that some in this category are British Overseas citizens, instead of British citizens).
Women who acquired citizenship by registration under section 6(2) of the 1948 Act (wives of British men) to a man who became a British citizen by descent on 1 January 1983, or would have done if living.
Persons born before 1949 who acquired U.K. citizenship under the 1948 Act under special provisions for those connected with the former Dominions (Australia, Canada, New Zealand, South Africa, plus Southern Rhodesia and the Republic of Ireland) who did not become citizens of these countries when they introduced a citizenship law.
Note that the majority covered by these provisions became British Overseas citizens, but if British citizens they would usually be citizens by descent.
Persons born since 1 January 1983
Born outside the United Kingdom who automatically acquired British citizenship at birth.
This does not apply to those born in a British Overseas Territory on or after 21 May 2002.
Registered as a British citizen under the following sections of the British Nationality Act 1981:
section 3(2) (parent a British citizen by descent who lived in Britain for 3 years)
section 4B of the Act, since 30 April 2003 (British nationals with no other citizenship)
section 4C of the Act, since 30 April 2003 (persons born before 1983 to a British mother, so-called "UKM" registration)
Registered as a British citizen under section 3(1) of the 1981 Act, if a parent of the child was a British citizen when the child was born.
Born outside the United Kingdom who automatically acquired British citizenship at birth.
This does not apply to those born in a British Overseas Territory on or after 21 May 2002.
Registered as a British citizen under the following sections of the British Nationality Act 1981:
section 3(2) (parent a British citizen by descent who lived in Britain for 3 years)
section 4B of the Act, since 30 April 2003 (British nationals with no other citizenship)
section 4C of the Act, since 30 April 2003 (persons born before 1983 to a British mother, so-called "UKM" registration)
Registered as a British citizen under section 3(1) of the 1981 Act, if a parent of the child was a British citizen when the child was born.
Jan 9th 2013, 2:43 pm
#9
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Re: Am I a British citizen? (Or could I easily become one?)
Are you sure your father even has UK citizenship? It seems that he might be a UKC by descent through your grandfather (although I think this means your grandfather would have to be a UKC other than by descent). However, even if your father is a UKC by descent, you could not be a UKC by descent through him.
Last edited by MarylandNed; Jan 9th 2013 at 2:46 pm.
Jan 9th 2013, 5:22 pm
#10
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Re: Am I a British citizen? (Or could I easily become one?)
No, you would not be a British Citizen by descent.
This is because your father looks like he is either a British Citizen by Descent which he cannot pass on or he is not a British Citizen but he is a South African citizen.
If your father is a "British Citizen Otherwise than by Descent" this is a different case so please say.
HOWEVER
You may be able to acquire South African citizenship. This should allow you to get an Ancestary Work Visa into the UK under the Commonwealth (this is definitely true for Canada, it may or may not be for RSA). This will allow you to work for any business in the UK, which could eventually lead to UK citizenship by way of residency. The Ancestary would be based upon your Grandfather's GB nationality (assuming he was a GB national).
You would need documentation to prove that fact.
That in turn allows you be a British Citizen "otherwise than by Descent" which you would then be able to pass on.
Note that whilst with a British passport you would be able to work freely in the rest of the EU you cannot work in the EU on the Ancestor Visa (sometimes called "the stamp").
This is because your father looks like he is either a British Citizen by Descent which he cannot pass on or he is not a British Citizen but he is a South African citizen.
If your father is a "British Citizen Otherwise than by Descent" this is a different case so please say.
HOWEVER
You may be able to acquire South African citizenship. This should allow you to get an Ancestary Work Visa into the UK under the Commonwealth (this is definitely true for Canada, it may or may not be for RSA). This will allow you to work for any business in the UK, which could eventually lead to UK citizenship by way of residency. The Ancestary would be based upon your Grandfather's GB nationality (assuming he was a GB national).
You would need documentation to prove that fact.
That in turn allows you be a British Citizen "otherwise than by Descent" which you would then be able to pass on.
Note that whilst with a British passport you would be able to work freely in the rest of the EU you cannot work in the EU on the Ancestor Visa (sometimes called "the stamp").
Jan 9th 2013, 6:22 pm
#12
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Re: Am I a British citizen? (Or could I easily become one?)
Traditionally that is the case, but as long as they are a GB citizen "otherwise than by descent" then you will be able to do it.
It feels like it's probably a long shot in this instance but that is the only way I can see that this fella could access a citizenship based route.
It feels like it's probably a long shot in this instance but that is the only way I can see that this fella could access a citizenship based route.
Jan 9th 2013, 6:38 pm
#13
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Re: Am I a British citizen? (Or could I easily become one?)
I have spoken to the South African Embassy and it appears I am a South African citizen by descent. Now, I am curious about getting a UK Ancestry work permit. On the UK Border Agency page it says that at least one grandparent must have been born in the UK. I am assuming this does not include countries under British dominion? (i.e. South Africa circa 1917)
If I can't get a UK Ancestry work permit, what should my next course of action be as a dual US-RSA citizen?
If I can't get a UK Ancestry work permit, what should my next course of action be as a dual US-RSA citizen?
Jan 9th 2013, 6:41 pm
#14
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Re: Am I a British citizen? (Or could I easily become one?)
I have spoken to the South African Embassy and it appears I am a South African citizen by descent. Now, I am curious about getting a UK Ancestry work permit. On the UK Border Agency page it says that at least one grandparent must have been born in the UK. I am assuming this does not include countries under British dominion? (i.e. South Africa circa 1917)
If I can't get a UK Ancestry work permit, what should my next course of action be as a dual US-RSA citizen?
If I can't get a UK Ancestry work permit, what should my next course of action be as a dual US-RSA citizen?
Jan 9th 2013, 6:47 pm
#15
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Re: Am I a British citizen? (Or could I easily become one?)
That didn't come up when I spoke to them, but from what I've gathered from various websites is that your RSA citizenship seems to expire if you voluntarily adopt citizenship of another country after the age of 18 (if you didn't apply for dual citizenship prior to you receiving foreign citizenship). Since I received my US citizenship before 18 and it wasn't voluntary, I assume I am eligible. I have to call them again and ask I guess. The time difference is horrendous though.