British citizenship could be more attainable than you think, writes Mishal Patel of Sable International. Amendments to the UK’s laws and new rulings make it possible to claim nationality from your parents, grandparents and in some cases even your great-grandparents.

These are the different ways you can become a British citizen.

1. British citizenship by Crown service

If your UK-born parent or UK-born grandfather was employed by the UK government at the time of your or your parent’s birth you could be eligible for British citizenship.

Crown service includes service in the:

• British military
• Overseas Civil Service
• Colonial Service
• Diplomatic Corp
• The Salvation Army
• The Red Cross
• The Church Army
• Roles within the Civil Service or local colonial government
• The BSAP in Rhodesia
• The NAAFI
• The YMCA and YWCA
• The Seaman’s Mission
• The Australia, New Zealand and Malaya Defence Organisation

There are numerous other organisations that fall under Crown Service. If your parent worked for an applicable organisation, you should have a British nationality assessment done to find out if you’re eligible.

 

2. British citizenship by marriage

Generally, you can qualify for a UK spouse visa if you are married to a British citizen. However, under old colonial law, rights were given to women who were married to a British man before 1 January 1983, and to the children of women married before 1949. Here’s how you can qualify for British citizenship by marriage.

Women married to British men between 1 January 1949 and 31 December 1982

A woman from a Commonwealth country who married a British citizen before 1 January 1983 can claim the right of abode.

A Commonwealth citizen is someone who:

• Was born in a country that remained a Commonwealth country on 1 January 1983 (this excludes South Africa)
• Has a father who was born in a Commonwealth country
• Right of abode takes the form of a stamp in your passport and allows you to live and work in the UK without any visa restriction. You can eventually naturalise as a UK citizen at a later stage. Right of abode can be claimed from a previous marriage, even if a woman remarries, divorces or becomes widowed.

Women married before 1 January 1949

If your mother married a British man (who is British by birth or descent) before 1 January 1949, she became a British Subject. This makes you eligible to claim British citizenship.

Your mother remains a British Subject even if she divorced, remarried or became widowed.

3. British citizenship by statelessness

You are stateless when you don’t hold any nationality. This happens when a child is born and cannot take on the nationality of their parents or their country of birth. However, if one of the parents was British at the time of the child’s birth it is possible for the child to be registered as British.

The child must claim citizenship before the age of 18 or their rights to register fall away and are lost forever. The rules around British nationality and statelessness are complex and it’s often best to consult an expert should you find yourself in this situation.

4. British citizenship by adoption

A child adopted in the UK after 1 January 1983 by a parent who was British at the time, can claim British citizenship.

In the case of a child adopted outside of the UK, the nationality of biological parents will determine whether the child has a claim to British nationality. If you were adopted by British parents, you will need to look into your family lineage to find out if you have a claim to British citizenship.

We were able to secure British citizenship for a child adopted outside of the UK by a UK-born parent. We were also successful in securing British citizenship for a child adopted outside of the UK where the relevant parent was also born out of the UK and the child’s nearest UK-born ancestor in the adoptive line, was a UK-born grandfather.

5. British citizenship by an unmarried father

In 2006, the UK government passed legislation that allowed those born after 2006 to claim British citizenship regardless of their parents’ marital status. Prior to this, claims through British fathers were only possible if the parents were married at the time of the child’s birth.

In 2014, further legislation was passed that allowed those previously deemed to be illegitimate to have a claim. This means that those born prior to 2006 can acquire British citizenship.

6. British citizenship by naturalisation

To naturalise as a British citizen, you must have lived in the UK for five years and have held indefinite leave to remain or permanent residency for 12 months before applying. You can only naturalise as a British citizen if you:

• Are over 18 years old
• Are of good character
• Have the requisite language ability
• Have passed the Life in the UK test
• Intend to continue to live in the UK
• Have spent enough time in the UK over those five years

How to naturalise if you’re an EU citizen

EU and Swiss nationals also have to meet the requirements above to naturalise. If you’re not yet a permanent resident and wish to remain in the UK, you need to apply to the EU Settlement Scheme. It will allow you to live in the UK after the deadline of 30 June 2021.

If you already have ILR, you do not need to apply to the scheme.

7. British citizenship by descent

If you weren’t born in the UK, but you have a parent who was, then you may be eligible to claim based on descent.

You have a UK-born father

British nationality rights can be passed down to children whose father was born in the UK. The claim will depend on when the child was born, when the father was born and whether the parents were married at the time of the child’s birth.

Two circumstances will affect your claim:

• Whether your father was born in the UK before 1 January 1983
• Whether your father was born in the UK after 1 January 1983

There are exceptions if your parents were married at the time of your birth.

Father born in the UK before 1 January 1983

If your father was born in the UK before 1 January 1983 and was British at the time of your birth, you are a British citizen at the time of your birth. You can apply for your British passport.

Father born in the UK after 1 January 1983

If your father was born in the UK after 1 January 1983 and was British at the time of your birth, you are already a British citizen.

If your father was not British at the time of your birth, then your rights to British nationality depend on your age (whether you are 18 years old or under), the status of your parents at the time of your birth and their status now.

Again you will need to have registered for British citizenship before turning 18. Thereafter, your rights to citizenship fall away and can be lost forever.
Your parents were not married at time of birth

In the past, you could not claim citizenship from your UK-born father if your parents were not married at the time of your birth. Legislation has now been passed to allow those who were previously disadvantaged by this to claim British nationality.

You were born after 1 July 2006

Whether or not your parents were married is irrelevant. You should have your rights to British citizenship assessed.

You were born before 1 July 2006

This route to citizenship is quite complex as it could potentially remove rights from any children already born to that person or remove citizenship of another country. You will need to do Status Trace before applying for British citizenship.

You have a UK-born mother

If you were born outside of the UK to a UK-born mother, you could fall into one of two categories:

• Your mother was born in the UK after 1 January 1983
• Your mother was born in the UK before 1 January 1983

Mother born in the UK after 1 January 1983

Mother was British at the time of your birth

Your mother is considered as being British other than by descent and can pass British citizenship to her children. You can apply for a British passport.

Mother was not British at the time of your birth

Your rights to British citizenship depend on whether you are under 18 or not, the status of your parents at your birth and their status now. Once you turn 18 your rights to British nationality fall away and can be lost forever.

Mother born in the UK before 1 January 1983

You are born after 1 January 1983

You are a British citizen at birth and do not need to apply for citizenship.

You are born before 1 January 1983

Mothers were previously not allowed to automatically pass on British citizenship to their children born before 1983; however, new legislation now permits you to qualify.
Parent born outside of the UK

If your parent is classified as British otherwise than by descent, they can pass British nationality to their children, allowing you to claim citizenship. However, this area of British nationality can be quite complex and an analysis of how your parents became British will first need to be done.

You should explore your rights to citizenship if any of the following apply to you:

• Your parents were married before 1949
• You (or a parent) were born in a former British territory
• You (or a parent) were registered or naturalised as a British citizen
• You have/had a parent or grandparent in Crown service
• You were born in a country that is different to the country of birth of either parent or any grandparent
• You have a grandparent who was born in the UK
• Your maternal grandfather was born in the UK and you were born in a “foreign country” (including South Africa, the USA and most European countries)

8. British citizenship by birth

Being born in the UK does not automatically make you a British citizen. It depends on the date of your birth and the status of your parents at the time of your birth.

A child will have automatic right to British citizenship if they were born in the UK and one parent had settled status at the time of the child’s birth.

Born after 1 January 1983

If you were born in the UK after 1 January 1983, you’ll qualify for British nationality based on the status of your parents. You can claim in one of two cases:

• A parent was settled in the UK at the time of your birth
• You spent the first 10 years of your life in the UK

Born before 1 January 1983

If you were born in the UK before 1 January 1983, you could already be British and should be able to apply for a British passport immediately. You are classified as British otherwise than by descent and can pass British nationality to your children, irrespective of where they are born.

9. Double descent

You can claim British citizenship by double descent if you have a grandparent (and in rare cases a great-grandparent) born in the UK. This is known as double descent.

You were born after 1 January 1983

Children under the age of 18 will need to claim citizenship before the age of 18 or they will lose all rights to British nationality.

If you are 18 years and older and were born outside of the UK with UK-born grandparent, you can claim by double descent if:

Your grandfather was in Crown service when your parent was born

Your parent:

• Had a UK-born mother
• Did not have a UK-born father
• Was registered as a British citizen between 2 February 1979 and 31 December 1982
• You or a parent were born in a former colony (subject to further criteria being met)

You were born before 1 January 1983

If you were born outside of the UK between 1 January 1949 and 31 December 1982, claiming citizenship can be complex and your circumstances will need to be assessed.

You may have a claim if:

• You (or a parent) were born in a former British territory. This excludes the main Commonwealth countries of 1949 (Australia, Canada and New Zealand) but includes India, South Africa and (Southern) Rhodesia at various times
• You or a parent was registered as a British citizen, a citizen of the UK and colonies (CUKC) or a federal citizen of Rhodesia and Nyasaland
• A parent was in Crown service at the time of your birth
• Your parents married before 1949 and your paternal grandfather was born in the UK
• Your maternal grandfather was born in the UK and you were born in a “foreign country” (including South Africa, the USA and most European countries)

You were born before 1 January 1949

You may have a claim if the following circumstances apply to you:

• You and your parent are not born in a Commonwealth country
• You or a parent were born in a former British territory
• You are a woman who married a British man before 1949

Double descent through your maternal grandfather

In March 2018 the Supreme Court in the UK opened a new route to British citizenship. This ruling allows you to claim citizenship through your mother who inherited citizenship from her father.

You may qualify if:

• Your mother’s father was born in the UK or Northern Ireland
• You were born between 1 January 1949 and 31 December 1982
• You were born during (and in) what was characterised as a “foreign country”*

This includes South Africa during the period 31 May 1962 and 31 December 1982, the United States of America and most European countries.

Your potential claim will be complicated if:

• Your paternal grandfather was also born in the UK
• You (or your mother) were born out of wedlock
• Your circumstances fall outside the context of the court judgements

www.samigration.com

Scalabrini’s ‘abandonment’ court case challenges constitutionality of South African refugee laws

On 28 October 2020, the Scalabrini Centre of Cape Town, represented by Norton Rose Fulbright South Africa Inc, is in the Western Cape High Court, seeking to interdict the Department of Home Affairs from implementing or operating specific provisions related to the deemed abandonment of asylum applications, which provisions were implemented with the coming into effect of the Refugees Amendment Act and Regulations from 1 January 2020.

Scalabrini Centre, in its own right as well as in the public interest, has brought a constitutional challenge against certain provisions in the Refugees Amendment Act and Refugees Regulations, which came into effect on 1 January 2020. The specific provisions being challenged are those relating to the ‘deemed abandonment’ of asylum applications simply because the asylum applicant is a month or more late in renewing their asylum document. In this challenge, Scalabrini Centre has first sought an interdict against the Department of Home Affairs, stopping the Department from implementing or applying the specific provisions. This interdict is to ensure that anyone who may have, or might still, fall foul of those provisions is protected against refoulement pending the final hearing of the main matter – the constitutional challenge of the impugned provisions.

Today, 28 October 2020, Scalabrini Centre is in court to argue why the interdict is necessary pending the finalisation of the main matter. The Department of Home Affairs has opposed the interdictory relief being sought by Scalabrini Centre. It has also opposed the constitutional challenge.

www.samigration.com

 

The United Kingdom (UK) government has announced a new points-based visa route to encourage international students to study and live in the UK.

South African students interested in starting the application process need to ensure they meet the basic entry requirements; this includes securing an offer from their chosen university.

 "Due to complicated and confusing visa processes, local students have often been discouraged from applying to international universities," says Rebecca Pretorius, Country Manager at global mentorship company Crimson Education.

 

"The UK's new student visa route opens up an opportunity for South Africans with dreams of studying overseas, provided they have applied to and been accepted at a UK university," she explains.

Prospective international students are required to achieve a total of 70 points to be granted a UK student visa.For 50 points, students must present proof of an unconditional offer from an approved educational institution, including a reference number from the Confirmation of Acceptance for Studies (CAS).

The course must also lead to an approved qualification, at an appropriate level of study.

For a further 10 points, students must demonstrate that they can speak, read, write and understand English to the required standard for the level, of course, they intend to study.

To secure the remaining 10 points, students must show that they can financially support themselves throughout their studies in the UK.

Students can apply via the new student visa route from October 2020, at a cost of £348 (around R7 500, depending on the current exchange rate).

The most difficult part of the process for many hopeful students will be the process of applying to international universities.

"Every country and university has its requirements, including extracurriculars, essays, admissions tests and portfolios," says Pretorius.

"Considering the complexity of the applications and competitiveness of top universities abroad, students should consider the services of an admissions company, who can assist in all areas of the candidacy building and application process," she advises.

www.samigration.com

India is to extend the ban on scheduled international flights till the end of December, the Ministry of Home Affairs announced on Wednesday. The ban was to expire on November 30.

New ‘Guidelines for Surveillance, Containment and Caution’ against the spread of Covid-19, said "international air travel of passengers only as permitted by the Ministry of Home Affairs" will take to the skies throughout next month.

This would mean overseas repatriation flights of Indian citizens and foreign nationals in both directions and some special international flights sanctioned by the Ministry of Home Affairs. India suspended all air travel at the end of March, but domestic flights were resumed in a phased manner on May 25. Scheduled international flights have, however, remained suspended with the exception of those under "bubble arrangements," which are travel corridors negotiated with individual countries.

The new guidelines permit states to impose local restrictions as required, including night curfews to aid the fight against the pandemic. State governments will also be allowed to restrict the number of people at social events to less than 100 and impose fines on people for not wearing masks in public places.

However, total lockdowns will require consultation with and prior permission from the Ministry of Home Affairs. Nor can states seal their borders. "There shall be no restriction on inter-state and intra-state movement of persons and goods including those for cross land-border trade under treaties with neighbouring countries."

State governments have been advised to consider implementing staggered office timings in cities to prevent crowding and heavy vehicular traffic, which add to pollution. The new guidelines were issued one day after Prime Minister Narendra Modi held a virtual meeting with the Chief Ministers of states with high incidence of Covid-19

www.samigration.com

DUBAI, United Arab Emirates (AP) — Travel agencies in countries across the Middle East and Africa say the United Arab Emirates has temporarily halted issuing new visas to their citizens, a so-far unexplained ban on visitors amid both the coronavirus pandemic and the UAE's normalization deal with Israel.

Confusion over the UAE visa ban targeting 11 Muslim-majority nations, in addition to Lebanon and Kenya, swirled after a leaked document from Dubai’s state-owned airport free zone surfaced this week, declaring restrictions against a range of nationalities.

Emirati authorities have not acknowledged the suspension that comes as the UAE welcomes Israeli tourists for the first time in history, the coronavirus pandemic surges across the region and those searching for work in the federation of seven sheikhdoms increasingly overstay their tourist visas amid a cascade of business shutdowns and lay-offs.

Citing an order from the country’s immigration authorities, the note to companies operating in Dubai’s airport free zone announced a pause in issuing all new employment, long and short-term visit visas “until further notice” from countries including Afghanistan, Pakistan, Iran, Yemen, Syria, Libya, Iraq and Tunisia, without offering a reason. Those already holding visas would not be affected, it said.

The revelation has gripped social media feeds and news outlets worldwide, underscoring the UAE's global status as magnet for expat workers and visitors who outnumber locals nearly nine to one in the country.

When asked by The Associated Press about the order, the country's immigration department said it’s “not aware of any formal list of nationalities requiring visa suspension.” Dubai’s airport free zone confirmed the veracity of the document to the AP and said it was waiting for further clarification from officials.

Meanwhile, across the region, agencies and authorities say their citizens are forbidden from entering the UAE.

Travel agents in Pakistan said the UAE has barred single men under the age of 50 from the country, although those traveling with family can still obtain visas. Last week, Pakistan’s foreign office said it had “learnt that the UAE has temporarily suspended the issuance of new visit visas” in a move “believed to be related to the second wave of COVID-19.”

Bestways Travel company south of Islamabad was skeptical. “With such specific age and gender limits, obviously this has nothing to do with the coronavirus,” agent Jamchit Agha said. He said it was more likely tied to security concerns, or fears about young men overstaying visas to find jobs in Dubai, the region's financial hub. Dubai relies on millions of low-paid expat workers from Southeast Asia.

Several travel companies across Afghanistan also claimed the UAE had stopped issuing visas to citizens, without offering any explanation.

In Kenya, speculation has spread that the country landed on the UAE's blacklist over a spate of fake certificates showing negative results on coronavirus tests used to travel to the UAE, resulting in 21 arrests Thursday. Four travel agencies in the capital Nairobi said they were seeking clarification from Emirati authorities after dozens of tourist visas were rejected. Travel Shore Africa, one of the agencies, said 40 of its clients bound for Dubai had been blocked from boarding their flight last-minute on Thursday.

Two travel agents in Lebanon, a country that has sent legions of skilled workers to the UAE as its own economy plunged, confirmed visa applications were currently on hold except for those with a foreign passport or residency in a third country. Both companies have stopped issuing visas until they receive clear instructions.

Travel agents in Damascus have struggled over the past two weeks to understand why Syria had been removed from a list of countries eligible to apply for visas online. One agent assumed the omission was a technical glitch until a colleague told him that authorities had also stopped issuing visas to Syrians.

Iraqi Foreign Ministry spokesman Ahmed al-Sahaf said Iraq has not been officially informed of an Emirati travel ban against its citizens, but the country was aware of the reported blacklist and is following up through diplomatic channels. An employee at Dubai's budget airline, FlyDubai, in Baghdad said the company was taking far fewer visa applications, pending instructions expected next week.

Saeed Mohammed, an agent at Arabian Nights Tours in Dubai, said he frequently faces difficulties obtaining UAE entry visas for Iranians, Turkish citizens and those from Yemen's rebel-held capital due to simmering political tensions. The UAE's recent normalization deal with Israel, which now allows Israelis to visit the emirate's skyscraper-studded cities visa-free, has cast a spotlight on a changing Middle East. Gulf leaders have come to see Israel, a former enemy, as a key ally against the shared threats of Iran and the Muslim Brotherhood.

Despite long-standing visa troubles, Mohammed said he's never seen the 100% visa rejection rate of the past week, with some dozen visitor visas denied each day from Yemen, Iran, Turkey, Afghanistan and other countries.

“We can only assume that there has been some change in the law, but in reality, no one knows," he said.

Mohammad Hosseini, Iran’s Chargé d’Affaires in the UAE, wrote on Twitter Thursday that he's following up with the Emirati Foreign Ministry after hearing the visa ban applies to 13 countries “temporarily and until further notice." A travel agent in Tehran said Iranians hadn’t received visas to enter the UAE since early August.

One travel agent in Istanbul said she wasn't at all surprised by the ban, especially given the UAE's growing trend of rejecting Turkish visas over the past few months — the result of a political rivalry, not the coronavirus, she added.

www.samigration.com