There is good news on the horizon for children born and raised outside the UK who are direct descendants of British mothers. Amendments to the British Nationality Act 1981, recently introduced by the UK Border Agency (UKBA) will have a considerable impact for newly eligible individuals across the globe.
Until now the status quo has meant children of British citizens by descent born abroad can only be registered under section(3)2 of the Act if an application is made within 12 months of the child’s birth. Occasionally it has been allowed within the first six years, in cases where the Home Secretary provides permission. The new amendments, not yet signed into law, will now allow an application to be made at any time before a child reaches the age of 18, allowing the child the right to British nationality and a UK passport.
“Visa and Immigration service advisory group 1st Contact has noted that the newly eligible can not make an application on the basis of the aforementioned changes until they have officially become law by January 2010″
An additional condition also provides a path citizenship. The UK Border Agency has announced that a person who has a British mother currently has a right to register as a British citizen under section 4C of the British Nationality Act 1981 if he or she was born between 7 February 1961 and 1 January 1983. In a final crucial move to make British nationality by registration an option to those who previously could not apply due to maternal lineage, citizenship can be obtained by applicants who would have become British citizens if women had been able to pass on citizenship in the same way as men between the aforementioned dates. This is now extended to those born prior to 7 February 1961.
Visa and Immigration service advisory group 1st Contact has noted that the newly eligible can not make an application on the basis of the aforementioned changes until they have officially become law by January 2010.
“When the changes have become law, we will make application forms and guidance notes available for all those eligible”
“When the changes have become law, we will make application forms and guidance notes available for all those eligible,” confirmed Stephen Atkinson, 1st Contact’s expert immigration consultant at the company’s UK office.
“The amendment to the Act now extends the provisions of the British Nationality Act to those born before 1961,” Atkinson added. “This has considerable impact especially in Southern Africa, where there previously was no option to migrate to the UK.”
When the amendments come into force, those born to a UK citizen mother outside the UK prior to 1961 may also register as a British citizen, thus entitling them to a UK passport and access to the EU.
For extra information and advice, please contact 1st Contact Visas.
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Hi
My son was born In south africa in 2007 so is therefore south african. I(his mother) is a british citizen, Can I apply for his british pasport?
Thx alot for your assiatance
Hi Dahnae,
The laws regarding eligibility for a British Passport based on birth to a British Citizen (based on a foreign national having a British mother) vary depending on how the British Citizenship was originally obtained, either by birth or naturalisation etc.
It would be best to contact us on visas@1stcontact.com or call us toll free on 0800 003 163 for to provide you with the correct advice.
Regards,
I am 64 years of age and was born (1946) in South Africa and have lived here all my life. My mother and her parents were born in the UK.
My mother was a WREN serving in Egypt during the war where she married my father who is South African.
Do I have the right on the basis of her being born in the UK to claim British citizenship?
I look forward to your reply.
John Elliott
Hi,
As my parents and myself have used 1st Contact to gain entry to the UK, I am hoping for assistance with our query.
My South African born mother was legally adopted in South Africa at age 3 in 1953 by a British mother. They lived in the UK between 1955 and 1957 and then returned to South Africa. My mothers adopted father would have been British by descent as his parents moved to South Africa from the UK 1 year before his birth. Would my mother be eligible for British Citizenship as an adopted child of a British mother and if so, which form of British Citizenship would it be. Also, what would the process be to gain this. My mother currently lives in the UK and is here on an Ancestry Visa, however, she seems to be registered on the various government systems here and qualifies for benefits that only British Citizens are entitled to i.e. winter fuel allowance for persons over 60. We don’t know where to go to find out how she has ended up on the system but have been advised that she must have been registered shortly after the adoption as she would not qualify for these benefits on a visa. Any information will be greatly appreciated.
Many thanks
Kind regards
Chareen
I am 49 years of age and was born (1963) in India. My mother was registered as a british subject under British Nationality Act 1948 section 6(2). She also registered all her children at their time of birth in British High Commision in 1966. At the time of my birth both of my parents were Citizen of the United Kingdom and Colonies. As my father was born in Mauritius and according to the law of Mauritius he took Mauritius Passport. But my mother was a British citizen till her last breathe.
Do I have the right to apply for Registration as a British Citizen by a person born before 1983 to a British Mother (UKM).
Waiting for your Advice.
Many thanks.
Kind Regards
Ruffick
Hi Ruffick
Based on the information provided, there appears to be no standard route to british Nationality, In these cases, we prefer to perform a UK Status Trace. This involves researching your family situation and providing a written, multi-page report setting out our findings. This will give a final and definitive answer as to whether you and your direct family (parents, siblings, partner or children) have a valid claim or not.
This research involves sighting the relevant family documents (like birth and marriage certificates) and then determining the Nationality status of each of your family members over the years.
I hope that you can understand that we cannot give a more definitive answer to your question at this stage, particularly on such an important subject where the consequences can be so profound.
If you are interested in pursuing this further, please let me know.
Kind Regards
Kelly