5 unusual ways South Africans can claim British citizenship
You may not know it yet, but you could be eligible for British citizenship.
This is according to immigration consultant at Sable International, Philip Gamble, who said that, while most South Africans are aware of the usual routes to citizenship (such as naturalisation and citizenship by descent, there are several other routes for those looking to immigrate to the country.
These are some of the more obscure routes identified by Sable international in which one can claim British citizenship.
Crown service
If your UK-born parent, or UK-born grandparent, was employed by the UK government at the date of your birth/your parent’s birth and was recruited to the post in question in the UK, you may be able to claim British citizenship.
Equally, employment within the British colonial government of the territory concerned, or service within an organisation closely linked to promoting the interests of the UK, can also sometimes help.
Crown service includes the following:
- British military
- Overseas civil service
- Colonial Service
- Diplomatic Corp
- Salvation Army
- Red Cross
- Church Army
- Recognised international organisations
For those born between 1 January 1949 and 1 January 1983, Crown service would apply where the parent of the applicant was in service at the time of the applicant’s birth.
For those born after 1 January 1983, Crown service would apply where the grandfather of the applicant was in service at the time of the relevant parent’s birth.
Unfortunately, those born before 1 January 1949 cannot benefit from the service of an ancestor.
This list is not exhaustive and there are numerous other organisations. If your parent to worked for an applicable organisation you may also qualify.
Statelessness
Someone who is stateless is someone without a nationality.
It arises most commonly at birth, where the status of the parents and the laws of the country of birth result in the child not acquiring the nationality of the country of their birth nor the nationality held by their parents.
In such cases, it is often possible for the child to be registered as a British citizen if either parent holds any form of British nationality. It is sometimes important to apply for citizenship through this route before the child turns 18.
Adoption
Where an adoption has taken place outside the UK and one’s biological parent(s) were born in the UK, British nationality legislation would still recognise these as the parents and so no rights are lost through the adoption.
In this case, one could explore the biological family line for a potential claim to British citizenship.
Claims to British citizenship through the adoptive family line are less likely, however, one could have a potential claim to the Right of Abode or a UK visa.
It may still be possible for a child under 18 to be eligible for British citizenship through adoption where an application for a discretionary registration is made.
Among other things, it must be shown that the adoption was not one of convenience.
Children of unmarried fathers
Prior to July 2006, claims through British fathers were usually only possible where the parents were married at the time of the applicant’s birth.
From 1 July 2006 however, those born after this date to a British father were eligible for citizenship regardless of the parents’ marital status at the time of the birth.
During 2014, the UK government made a drastic change in their legislation and opened up a route to British citizenship for those who were previously disadvantaged through being deemed illegitimate children.
It is now possible for those born before 1 July 2006 to acquire British citizenship where they can prove that their relationship to their UK-born father.
Women married to British men before 1 January 1983
Most people who are married to British citizens can apply for spouse visas if they intend to live in the UK. However, under older legislation, certain rights were available to women (but not men) through such marriages.
Specifically, women who were Commonwealth citizens on 1 January 1983 and who were married to British men before this time may be eligible for the Right of Abode now.
This is considered the next best thing to full citizenship as it gives one the right to live and work in the UK without restrictions.
This means you will not need a visa to go to the UK and there’s no limit on the length of time you can spend in the country. Those who settle in the UK with the Right of Abode may be eligible for British citizenship within 3-5 years.
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