Philip Gamble is our UK Nationality expert - read more
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British Passport Review
Ask Philip Gamble for his opinion on your claim to British Nationality (read more).
Get Philip Gamble (£650) or his Nationality colleagues (£350) to do a Status Trace on your rights to British Nationality (read more).
Can you claim British Nationality?
You are normally eligible for British citizenship (and what we would term a STANDARD route to British Nationality) if you were:
- Born in the UK before 01.01.1983;
- Naturalised as a UK resident in the UK (having spent a qualifying period of time in the UK);
- Born to a parent* (a father or mother) who was born in the UK before 01.01.1983; OR
- Born to a parent* (a father or mother) who was British Other Than by Descent when you were born.
* It gets more complicated if:
- your parents weren't married at the time of your birth; OR
- you were adopted.
The most common situations that lead to being British Other Than by Descent is where that parent:
a) was born in the UK; OR
b) Naturalised in the UK.
All other claims to British nationality that do not fall within the criteria of a Stndard claim are known as Non-Standard claims.
The most common scenario is where the applicant has a grandparent born in the UK or India. Key to qualifying is if:
- the relevant parent can be defined as British Other Than by Descent; OR
- the Independence Day arrangements allowed for British nationality to pass from one generation to the next.
These cases need to be determined on a case-by-case basis. Such situations would lead to a NON-STANDARD route to British Nationality, and would rely on the exceptions allowed through nationality law or the anomalies created by the drafting of old colonial nationality law.
Children under the age of 18
Other than the Standard routes to British Nationality set out above, there are other provisions allowing a child under the age of 18 of a British parent to claim British Nationality. These are generally covered by the following situations:
Born in the UK
- A parent held British Nationality at the time of birth;
- A parent was "settled" in the UK at the time of birth;
- A parent later became "settled" in the UK before the child turns 18;
- The child is born without nationality (stateless); OR
- The child is resident in the UK for 10 years.
Not born in the UK
- A British parent spends at least 3 years in the UK in the future, as long as the child is still under 18 at the time of application;
- A British parent gives birth to a child who is "Stateless" at the time of birth (in other words, the child does not automatically take on the citizenship of their country of birth or a parents' nationality);
- A British parent is in long-term employment with a UK-domiciled company, but working outside of the UK; OR
- A discretionary registration in exceptional cases (sporting excellence, for example).
Again, there are many more situations where children under 18 could qualify, and these require a case-by-case analysis of the circumstances.
How do I find out if I have a claim to British Nationality?
We suggest following our 4 STEP PROCESS, designed to simplify the complex laws of British nationality and to avoid uneccessary and expensive application fees) to find your answer:
Step 1: Dertermine whether you have a Standard Route (set out above)
Step 2: If not, complete our free Nationality Assessment
Step 3: Order a free British Passport Review
Step 4: Conduct a Status Trace
Complete our nationality assessment
If you think that you or your children might have a claim to British Nationality (Standard or Non-Standard), take a couple of moments to complete our FREE online passport assessment.
How to become a British citizen
"Am I British and do I qualify for a British Passport?" These are the two most common questions posed in British Nationality law. We set out below the criteria and requirements to qualify for British Nationality and a British Passport.
If you have tried to research your claim and remain unsure or confused by the British Nationality law that is applied in your case, then you can watch this quick video. It gives you a route to find out:
The UK recognises 5 forms of British Nationality:
This is the traditional concept of British Nationality, known as full British Citizenship. This can be achieved by the following:
- Born in the UK
- Descent from a British parent
- Having a Grandparent born in the UK
- Converting BOC, BPP and BNO status to full nationality
- A parent or grandparent born in a British Territory (for example, a Protectorate, Protected State or Colony)
- Earned citizenship after residency in the UK.
This is a form of British Protection granted to those people born in a non-UK territory where foreign nationality was not granted at birth. It is possible to upgrade to full British Nationality in some circumstances.
This is a form of British Protection granted to those people born in a British Protected State or a British Protectorate. It is possible to upgrade to full British Nationality in some circumstances.
This form of British Nationality was granted to those with specific links to Hong Kong.
This form of British Nationality is based on birth, residency and "belonging" to the various British Overseas Territories.
These forms of British Nationality can be achieved in the following ways:
This occurs where a person can claim British Nationality based on their birth in the United Kingdom (including Northern Ireland).
Birth in a non-UK territory to a British parent, or to a mother or father who was born in the United Kingdom (including Northern Ireland).
A grandparent born in the UK can result in British Nationality being passed down two generations to their grandchildren. In some cases, a Paternal great grandfather born in the UK can pass on three generations of British Nationality.
This occurs where a person was born in a British Protectorate or British Protected State, or where a person was born in a non-UK territory and the subsequent Independence Day arrangements did not grant them nationality of that country. The two resulting types of nationality are British Overseas Citizen (BOC) and British Protected Person (BPP).
Earned British Citizen
Britain's remaining Dependencies grant a form of British Nationality based on birth or "belonging" in that territory.
The history of British Nationality can be briefly summarised as follows:
Pre 1949 - British Subject
1949 to 1983 - Citizen of the UK and Colonies (CUKC)
Post 1983 - British Citizen or British Overseas Citizen (BOC)
The key British territories over the years included the following: