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
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