United Kingdom - Passport & Nationality - British Citizenship by Double Descent (South Africa Pre 1949 - Sch 3 CUKC)
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 applicant retained their British Subject status and, after 1 January 1949, became a Citizen of the UK & Colonies. This situation arose most commonly where the applicant's 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 before 1 January 1949;
- Candidate born in South Africa;
- Candidate's father born outside of South Africa; AND
- The candidate has the Right of Abode.
The Right of Abode normally arises where:
a) a grandparent was born in the UK;
b) a woman married a British man before 1983; OR
c) residence in the UK before 1983.
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, Spain, Slovakia, Slovenia, Sweden, Turkey, Ukraine and the United States.