United Kingdom - Passport & Nationality - British Citizenship by Double Descent (Mother with Abode)
This is a particularly rare instance where a person born after 01.01.1983 can claim British Nationality from a UK-born grandparent. This requires the following set of circumstances:
Candidate born after 01.01.1983
A mother born in a place that formed part of the UK & Colonies on 01.01.1949
Both grandfathers were born in the United Kingdom. If the maternal grandfather was not born in the UK, then the mother's paternal grandfather must be born in the UK.
Section 2(1) of the British Nationality Act (BNA) of 1981 states:
"A person born outside the UK after commencement (01.01.1983) shall be a British Citizen if, at the time of his birth, his father or mother was a British Citizen otherwise than by descent".
Section 14 of the BNA 1981 defines who is a British Citizen by descent. This section uses the words "for the purposes of this Act, a British Citizen is a British Citizen by descent if, and only if (in other words, this list is meant to be exhaustive):
He/she is a person a) born outside the UK before commencement, b) became a British Citizen on commencement and c) immediately before commencement was a person who had the Right of Abode in the UK by virtue ONLY of being a person who immediately before commencement had that right only by virtue of Section 2(1)b or 2(1)b & 2(1)c of the Immigration Act 1971.
The word ‘ONLY’ is key here in section 14. Amongst other things, the Right of Abode is conferred to all Commonwealth citizens with either a mother or a father born in the UK (per Section 2(1)d). The father acquires the Right of Abode through his father or grandfather being born in the UK, but he also acquires the Right of abode by being a Commonwealth Citizen (the definition of Commonwealth also means CUKC in this context) with a parent born in the UK (section 2(1)d). The father must therefore have acquired the Right of Abode by virtue of more than one provision of the Immigration Act 1971 and therefore cannot ONLY have acquired the Right of Abode through 2(1)b or 2(1)c & 2(1)b because a Commonwealth Citizen with a parent born in the UK also acquires the Right of Abode under 2(1)d. For the purposes of the 1981 Act, such a person must therefore be treated as a British Citizen otherwise than by descent and should be able to pass the citizenship by virtue of Section 2, to any children born after 01.01.1983.
British Nationality Law after 1983 is not subject to entitlement by male line descent only and so those born after 01.01.1983 with a mother in the same position as the father above will also qualify.
For more solutions involving:
British Citizenship by Double Descent,
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.