United Kingdom - flag United Kingdom - Passport & Nationality - British Citizenship by Double Descent (PG-1981 S3(2) 2010) Colony

This solution is available to a child under the age of 18 who has a British parent (or a parent with a potential claim to British nationality) who has spent 3 years in the UK in the past. While it usually requires the parent in question to have been British by descent at the time of the child's birth, it is possible - in some circumstances - to register the child for British citizenship where the parent subsequently acquires/acquired British nationality. Applications of this nature must take place before the child turns 18.

The key requirements are

- Child under the age of 18;

- Born to a British parent (OR to a parent who would have been classified British had it not been for gender discrimination legislation before 1983, or to a parent who renounced British Nationality before the child's birth but resumed it afterwards, OR to a parent who subsequently becomes British);

- This British parent has spent at least 3 years in the United Kingdom (with no more than 270 days of absence during a 3 year period); AND

- A parent of this parent (i.e. the child's relevant grandparent) was classified as being British otherwise than by Descent because of their birth in a former British Colony.

 

This is not a straightforward application and relies on (amongst other things):

 - demonstrating that the child's grandparent was classified as being British otherwise than by descent, despite being born outside of the UK;

 - satisfactory evidence to prove the UK residence; AND

 - a specified number of days resident in the UK during any 36 month period (so account being made of annual holidays and periods of residence outside of the UK).

In our experience, these applications often fail because the standard of evidence of residence is not met, and the strict application of the rule about residence in the UK. The UK Home Office makes the decision on a case-by-case basis and a degree of negotiation is often required.

Finally, we should point out that this provision is only available while a child is under the age of 18. This provision - as do several others - falls away when a child turns 18 and can be lost forever.

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Ask Philip Gamble whether you (or your children) have a claim to British nationality.

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Learn more about these routes to British Nationality:

WhatPassport.com is a specialist UK Nationality and British Citizenship site offering an online search and assessment. Claims to hold a British Passport can be complex and the site offers a quick, simple search to give you the answers. While many people qualify for the UK Ancestry Visa based on holding a Commonwealth passport with a UK born grandmother or grandfather, we have found that if you have a grandparent born in the UK, or if your mother is British or your father is British, then there are several scenarios where you can claim British Nationality and the right to hold a British Passport. This stems from Britain’s collection of British Colonies, British Protectorates and British Protected States in the middle of last century and the Nationality rules concerning what are now the countries of the Commonwealth.

WhatPassport.com is a subsidiary of Sable International.

Sable International offers a range of services relating to UK and Australian immigration. For over 20 years, we have been helping people with their UK and Australian visa applications. We assist with applications for Ancestry visas, spouse visas, work visas, Tier 1 visas, UK working holiday visas, UK dependant visas, Tier 4 visas, UK Visitor visas, sponsorship visas or UK permanent residency or indefinite leave to remain. We also specialise in UK visa extensions. If you’ve overstayed your visa, our Overstayer Status Trace service can assist to regularise your visa status.