More South Africans looking to move to UK following recent rule changes
Changes in British citizenship case law are enabling more South Africans to claim British nationality based on having a grandparent (and, in rare cases, a great grandparent) born in the UK.
According to immigration consultants Sable International, a recent Supreme Court Judgement in the UK has made it clear that it is unlawful for the UK Government to impose a requirement from the past on new applicants for citizenship, where it was not lawfully possible for that requirement to be met at the time.
In South Africa, it was possible for a child’s birth to be registered at the British Consulate between 31 May 1962 and 1 January 1983 where the child’s father was British.
This facility was not available where the mother was British. Since birth registrations at the British Consulate was a potential route for citizenship by double descent in the male line, South Africans born between 31 May 1962 and 1 January 1983 are affected by this judgement.
“In short, this means that if you were born in South Africa between 31 May 1962 and 1 January 1983 , your mother was British not through being born in the UK (perhaps because her father was born in the UK) you may have a claim to British Citizenship now,” it said.
“As ever, nothing is as simple as is seems. There will be those who meet the criteria above who will not qualify for British Citizenship.
“This could be perhaps because, amongst other things, they cannot provide proof of the grandparents’ marriage. Equally, the full extent or limitations of the case law from this judgement will not be known in full until a range of potential qualifiers are examined by the Home Office in the UK.”
It added that despite the recent Supreme Court Judgement, gender discrimination is still present in the UK’s nationality laws and the Home Secretary is under pressure in the UK to make further changes.
Sable further broke down how the changes may apply to South Africans below.
Applicants born after 1 January 1983 and presently under 18 years of age:
There are special provisions in British nationality law for children under 18 that may make it possible to claim British nationality.
Factors which benefit such applications include:
a) UK residence of the British Parent; or
b) Whether the Citizenship of the child’s country of birth has been conferred at the point of birth.
It can be important to take action before a child turns 18. After the 18th birthday, several rights to British nationality fall away and are usually lost forever.
Applicants born after 1 January 1983 and presently over the age of 18 years:
If you were born outside of the UK after 1 January 1983 and have a UK-born grandparent, you may have a claim to British nationality if:
a) You have a UK-born grandfather who was in UK Government Service at the time of the descendant parent’s birth; or
b) You have a parent who had a non UK-born mother; and did not have a UK-born father and the mother was registered as a British citizen between 2 February 1979 and 31 December 1982
c) You or a parent were born in a former British colony, subject to further criteria being met.
Applicants born before 1 January 1983:
Those born outside of the UK between 1 January 1949 and 31 December 1982 and who have a UK-born grandparent may be able to claim British nationality in certain circumstances.
This is a complex area of British nationality and every case must be assessed on an individual basis.
The following are the most common:
- You (or a parent) were born in a former British territory. This excludes the main Commonwealth countries of 1949 (Australia, Canada and New Zealand) but includes India, South Africa and (Southern) Rhodesia at various times.
- You or a parent was registered as a citizen of the UK and colonies or a federal citizen of Rhodesia & Nyasaland.
- A parent was in Crown service at the time of your birth.
- Your parents married before 1949 and your paternal grandfather was born in the UK
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