United Kingdom - Passport & Nationality - British Citizenship by Double Descent (Pre 49 SA Birth Sch 3 Romein)
Where your mother was born in South Africa before 1949, there are some circumstances where such a woman was reclassified as a British Overseas Citizen (BOC) if her father was born outside of South Africa. If this occurred, then recent changes to British nationality legislation to remedy gender discrimination means that children born to her can be registered as British citizens in some situations.
Some background: The South Africa Nationality Act of 1949 determined who was granted South African nationality when the country was granted the right to determine its own citizenship laws. An anomaly in the Act meant that those classified as "Aliens" - those with a foreign citizenship - did not automatically get the new South African citizenship. In such a case, the person retained their British Subject status and, after 1 January 1949, became a Citizen of the UK & Colonies. This situation arose most commonly where their father was born OUTSIDE of South Africa and outside of a territory that remained part of the British Crown Dominions.
The key criteria of this solution are:
- Candidate born between 1 January 1949 and 31 December 1982;
- Candidate born in what was considered a "Foreign country" for the purposes of British nationality law;
- Candidate's mother born before 1 January 1949;
- Candidate's mother born in South Africa; AND
- Candidate's maternal grandfather born outside of South Africa.
Examples of what were considered a "Foreign Country" include: Albania, Armenia, Austria, Azerbaijan, Belarus, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Moldova, Montenegro, Mozambique, Netherlands, Poland, Portugal, Romania, Russia, Serbia, South Africa (but only between 31 May 1962 and 31 December 1982), Spain, Slovakia, Slovenia, Sweden, Turkey, Ukraine and the United States.