United Kingdom - Passport & Nationality - British Citizenship by Double Descent (48-5(1)a Libya)
After 1948 and prior to 1983, British Citizenship could be passed two generations by Descent where the middle generation (the parent) or the applicant was born in a place which at the time was a British Protectorate, British Protected State, British Mandated Territory, UK Trust Territory or any Foreign Country with ETJ – in this case, Libya before 01.11.1912.
This solution requires the applicant to have been born between 01.01.1949 and 01.01.1983. A grandfather must have been born in the UK (or a place that was within the Crown's Dominions, although this will require the applicant to have also acquired the Right of Abode through some other means).
While anti-gender discrimination legislation has been enacted, it still affects the grandparent generation. Accordingly, a claim is unlikey to come from a grandmother.
If the relevant parent was the father, then the applicant is British by operation of law (i.e. automatically British), as long as the relevant family members were born legitimately. However, if the relevant parent was the mother, an application has to be made. This route through the mother has become available after recent anti-gender discrimination legislation was passed.
There are two further points to note. The relevant parent from whom the claim stems must not have:
suffered from Automatic Loss of Colonial Nationality from the Independence arrangements (though there are some exceptions to this); AND
renounced citizenship of the UK and Colonies before the birth of the applicant.
Read here for more information on British nationality by Double Descent.
For more solutions involving:
- British Citizenship by Double Descent,
- Crown Service,
- a parent born in a UK controlled territory,
- a British parent; OR
- or a grandparent born in the UK,
Then click on British Citizenship by Double Descent.