British nationality

British Nationality

Presented by Mr Philip Gamble

Format of Presentation

• Introduction

• Definite claims

• No Claims

• British Nationality

• UK Visas

• How to find answers

Do I have a claim to British Nationality?

Three classifications:

No British Nationality claim

Unsure and need more answers

British Nationality claim


Circumstances where you have CERTAIN claim to British Nationality:

Born in UK before 01.01.1983

Parent (mother or father) born in UK before 01.01.1983

Parent (mother or father) naturalised in UK before your birthBritish

Nationality Application

Yes, I do


No, I don’t

Circumstances where you have NO CLAIM to British Nationality:

× 3rd generation country of birth and nationality (you, parents and grandparents)

UK VisaOther Nationalities


I’m not sure

?Circumstances where you have POSSIBLE claim to British Nationality:

Your country of birth is different to that of parent, grandparent or child

Woman or mother married to British husband

British parent or grandparent

Parent or grandparent born in British Territory

You or parent Registered at British Consulate

You or parent spent 2+ years in UK

ComplexityNeeds Research

Some former British Territories

In Africa

Transvaal (South Africa) Swaziland Basutoland (Lesotho) South West Africa (Namibia) Bechuanaland (Botswana) Nyasaland (Malawi) Northern Rhodesia (Zambia) Southern Rhodesia (Zimbabwe) Egypt Tanganyika (Tanzania) Kenya Uganda Zanzibar (Tanzania)

Rest of world

Mauritius Seychelles British India Ceylon Malaysia Hong Kong Singapore Jamaica Trinidad Canada Australia New Zealand


Yes, I qualify

No, I don’t

British Nationality Application

How do I find out? UK VisaOther Nationalities

I’m not sure

?

What you will learn

Whether you are British

OR

How to get definitive answer

Introducing Philip Gamble

Former Home Office Executive (in their Nationality Directorate)

Founder and Managing Partner of Philip Gamble & Partners

22 years of British Nationality law experience

Widely regarded as world’s leading authority on British Nationality

www.philipgamble.co.uk

www.whatpassport.com

http://www.philipgamble.co.uk/

http://www.whatpassport.com/

ClientBorn in Swaziland

after 1972

FatherBorn in

Northern Rhodesia

Client is British Overseas Citizen (BOC)

Ability to upgrade to full British Nationality

Paternal Grandparent

Born in Northern Rhodesia

Paternal Great Grandparent

Born in Kenya Colony

Here is typical client enquiry

How do we handle complexity?

We perform STATUS TRACE to answer enquiry

British Nationality• British Citizenship

• Gender Discrimination

• Residence in UK

• Born in UK

• Born Overseas to British Parent

• Marriages

• UK-born Grandparent

• Parent born in British Territory

• Federation of Rhodesia and Nyasaland

• Loopholes, Exceptions and Anomalies

British Citizenship

British By Descent

• Born outside of UK to British parent

British otherwise than by Descent

• All other situations

× Does NOT pass Nationality to children

Passes Nationality to children

But lots of exceptions!

Gender Discrimination• Male Line Descent before 01.01.1983

• Woman now have same rights (exceptions relate to old Nationality Law)

• Mothers do not need to be born in UK

Woman can pass British Nationality to children

Those born to British mothers before 01.01.1983 can now apply for British Citizenship

Children

Children will be British

MotherBorn in UK before 1983

or British otherwise than by Descent

Mervyn Rees• Former UK Home Secretary

• Speech in UK Parliament on 07.02.1979 about new anti-discrimination rules in 1983

• Registrations accepted from this date and BEFORE law was changed

Here’s a loophole!

British Nationality for children of British mothers registered between 07.02.1979 and 01.01.1983

Can pass British Nationality to children

ChildrenRegistered at British Consulate

between 07.02.1979 and 01.01.1983

Children will be British otherwise than by Descent

Children can pass British Nationality to their children

MotherBorn in UK before 1983

or British otherwise than by Descent

Here’s the loophole!

Citizenship through UK Residence• Naturalisation after holding Indefinite Leave to Remain (ILR)

5 years Residence

3 years Residence if married to British Citizen

• Rules changing to 8 and 5 years respectively

• Absences from UK permitted (limited to 90 days pa)

British Nationality after Naturalisation in UK


Born in UKBefore 01.01.1983

British Nationality

After 01.01.1983

British Nationality only if:

• parent was “Settled” in UK• under 18 and parent later became “Settled” in UK• born “Stateless”• resident in UK for 10 years

In all cases, British Nationality after UK birth


Born Overseas to British ParentIf parent was born in UK before 01.01.1983

In all other cases:

If parent was “British Otherwise Than by Descent”

If parent was “British by Descent”

British by Descent

British by Descent

× Does NOT pass Nationality to children

But lots of exceptions!

It is not enough to know that parent was “British”You must ascertain HOW they acquired that status

Born Overseas to British ParentIn circumstances where:

• Parent is British by Descent

• Child is under 18


British Nationality can be passed down to child if:

parent spent 2.5 years in UK in past

parent SUBSEQUENTLY spends 2.5 years in UK as long as child is still under 18

ChildrenNot yet 18

ParentBorn Overseas

British by Descent


Child will be British if:

Parent spent 2.5 years in UK in past

Parent spends 2.5 years in future as long as child is still under 18 at time.

UK-born Grandparent

Nationality by Design

• Couple wanting to have children

• One of parents is British by Descent

• Before birth, move to country where NO Descent by Birth


Child becomes British at birth

Where can you give birth for your baby to become British?

Husband Wife Living overseas One is British by Descent

Married


! Mother travels to country that does not confer

nationality at birth

Baby is born “without Nationality”

Immediate British Nationality by Descent

Mother returns home and registers baby for local Citizenship (and Dual Nationality)

British by Descent

How to pass British Nationality to your children?

• Already born

• Not yet born

Spend 3 years in UK before they turn 18

Spend 3 years in UK

Have children while in UK

Ensure they are born “without Nationality” in country with no Nationality at Birth

Marriages

• Marriage before 1949

• Rights kept from previous husband

• Right of Abode (1949-1983)

• Marriage Visas

Marriage before 1949

Commonwealth woman married before

01.01.1949

Married to man who:

• was born in UK

• had parent born in UK or

• was British Citizen

Children born after 01.01.1949 are British


Your mother acquired British Nationality

British Nationality passed down to children born after marriage

ChildrenBorn after 01.01.1949

MotherCommonwealth

citizen as of 31.12.1948

Married before 01.01.1949

FatherBritish

Your mother acquired British Nationality

British Nationality could be passed down to her children

GrandparentBorn in UK


Rights from Previous Husband

• Commonwealth woman married before 01.01.1949 to British husband

• Woman takes on British Nationality

• Divorced or widowed

• Remarries and has children


Mother acquired British Nationality from first marriage

British Nationality passes to children of second marriage!

ChildrenBorn after 01.01.1949

MotherCommonwealth Citizen in 1949

(by birth or descent)Father

Marriage pre 1949Mother’s Previous

HusbandBritish

Second Marriage


! Woman acquired British Nationality from first marriage

British Nationality passes to children of second marriage

Right of Abode (1949-1983)Commonwealth woman (by birth or descent) married between 01.01.1949 and 31.12.1982

Married to man who:

• was born in UK• had parent born in UK or• was British Citizen

Woman acquires Right of Abode

Next best thing to being British


Commonwealth citizens excluded South African women, except where such women derived Commonwealth citizenship from parent

Married to British Citizen

Living together in UK

5 years for Indefinite Leave to Remain (ILR)

UK Marriage visa granted if “intent to immigrate to UK” and financial requirements are met

UK Marriage Visa is granted for 5 years (2 x 2.5 years)

Living together overseas

Marriage Visa

Living together overseas

If spouse dies, all rights are lost


Apply for UK Marriage Visa with “intention to live in UK”, even though you continue to live overseas

If spouse dies, UK Marriage Visa converts to Indefinite Leave to Remain (ILR)

Renew every 2.5 years to keep ILR status

If British Spouse is terminally ill or very old, then get Marriage Visa NOW

Crown ServiceCrown Service is meant as working for British Government:

British Military Overseas Civil Service Colonial Service Diplomatic Corp

Born after 01.01.1983

UK-born Grandfather with parent in Crown Service at time of your birth

UK-born Grandfather was in Crown Service at time of your parent’s birth

Born before 01.01.1983

Parent born in British Territory• Born before 01.01.1983

• You or parent born in:

British Protectorate

British Protected State

UK Trust Territory

UK Mandated Territory

UK Colony Foreign country where British exercised Jurisdiction

over British Subjects

UK-born Grandparent gives British Nationality

ChildrenBorn between 1949

& 1983

ParentBorn in British Territory


British Nationality from birth in British Territory

ChildrenBorn in British Territorybetween 1949 & 1983

Parent


Federation of Rhodesia and Nyasaland

You (or parent) born outside Federal Rhodesia (now Zambia, Malawi and Zimbabwe)

Worked in Federation between 1950 and 1963

To work, you (or your parent) had to be Registered as “Federal Citizen” if you (or your parent) weren’t born there.


You (or your parent) became British Citizen on 01.01.1983 provided that you did NOT get citizenship of Southern Rhodesia

British Nationality passes to children

You or ParentBorn in South Africa

Worked in Rhodesia Federation and Registered as

Federal Citizen

5 years work or study in UK pre

1983

UK born Grandparent OR

Commonwealth woman married to British man

OR


You (or your parent) became British Citizen on 01.01.1983 provided that you did NOT get citizenship of Southern Rhodesia

British Nationality passes to children

Irish Nationality

• Parent or grandparent born in:

Republic of Ireland Northern Ireland

• Registration of your foreign birth BEFORE birth of children conveys Irish Nationality to children

Irish Nationality is granted

Exceptions and Anomalies

Adoption

Included in Parent’s British Passport

You (or parent) were previously British

Your (or parent’s) birth was Registered

Abandoned or refused claims

Other Forms of British Nationality

• British National Overseas (BNO)

• British Overseas Territories Citizen (BOTC)

• British Subject

• British Protected Person (BPP)

• British Overseas Citizen (BOC)

British National Overseas (BNO)

• By Birth in (or Descent from) Hong Kong

• Application made before Independence (1997)

British Overseas Territories Citizen (BOTC)

• Birth in (or “Connected” to) existing British Territories

• Most upgraded to Full British Nationality

• Territories include:

St Helena, Tristan du Cunha, Ascension & Gough Islands

British Indian Ocean Territory (Chagos)

Falklands

Gibraltar

British Subject

• Status of all British people before 01.01.1949

• Birth in British India before 01.01.1947

• Birth in Republic of Ireland before 01.01.1949

• Birth in Pre-1949 Self-Governing Colonies (Australia, Canada, New Zealand, Rhodesia and South Africa) where nationality was NOT gained

• British Subject status extinguished on gaining another Nationality

British Protected Person (BPP)

• Birth in British Protectorate, British Protected State or UK Mandated Territory

• Descent from male BPP

• BPP status usually extinguished on gaining another Nationality

British Overseas Citizen (BOC)

• Birth in place that remained British Colony after 01.01.1949

• Descent from male BOC

• BOC status never extinguished on gaining another Nationality

UK Immigration

• Several visas have been scrapped:

• UK Ancestry Visa

• Business and Investor Visas

× 2 Year Working Holiday Visa for South Africans× HSMP (Highly skilled)× Post Study Work Permit× Sponsorship of elderly parents

UK Ancestry Visa• Any grandparent born in UK

• Hold Commonwealth passport (including Australia, Canada, New Zealand and South Africa)

• Over 17 years old

• Can lead to Naturalisation and British Nationality after 6 years residence in UK

Ancestry Visa

• Visa in danger of being scrapped

• “Reasonable Expectation” means that it:

cannot be scrapped once granted to you, andextensions possible under previous regulations


Apply for Ancestry Visa now

“Intend to live and work” in UK, even though you can return home after issue

Renew visa every 5 years

Business and Investor Visas

Business Visa• Investment of £200k• Creation of 2 new UK jobs• 6 months residence in each year requirement• ILR granted after 5 years

Investor Visa• Minimum investment of £1m• Investment made in shares of active UK

companies (not property)• 6 months residence in each year requirement• ILR granted after 5 yrs (3 yrs if £5m, 2 yrs if £10m)

Proving your ClaimLost Documents

• www.FreeBMD.org.uk for England and Wales

• General Register Office in Scotland

• Department of Home Affairs in Pretoria

Balance of Probabilities

• Circumstantial evidence is accepted

Old Photographs and Letters

Will & Testament

Baptism Document or old Passports

Signed Affidavit

http://www.freebdm.org.uk/

Submitting your ApplicationFour key requirements

• Addressed to correct authority• Signed by applicant as being correct• Application fee• Evidence to prove claim

Nationality Application form

• One form covers all Nationality applications• Birth, Descent and Naturalisation are straight-forward• All other claims will require explanations, including:

Copies of relevant Nationality Law Detailed reasoning as to how nationality is gained

SummaryIf you, parent or grandparent was at any time…

British Subject, British Citizen, BPP, BOC or Stateless

born in UK

born in country that was under British influence, or

born in country that was different to your own Country of Birth

… it is possible that British Nationality rights can be claimed or passed

down to further generations.


Yes, I qualify

No, I don’t

British Nationality Application

UK VisaOther Nationalities

• Do your own research…

I’m still not sure

?!

I’m still not sure!

• Ask the British Embassy…

• Ask an expert…

STEP 1: Complete FREE UK Nationality assessment on www.WhatPassport.com


FreeBritish Nationality

Assessment

No Nationality solutions

Possible UK Nationality

STEP 2 : Philip Gamble reviews your case

British Passport Review £30

UnlikelyLikely


Possible

STEP 1British

Nationality Assessment

Status Trace£240

NoClaim

Nationality Claim


UK Visa

STEP 1British

Nationality Assessment

STEP 2British

Passport Review

STEP 3: Get an answer from Philip Gamble

No Nationality Solutions

British Nationality

UK Visa

I’m still not sureBritish Nationality Assessment

Nationality Solutions

Possible

Do I have British Nationality claim?

British Passport Review

Status Trace

Philip Gamble & Co ServicesBritish Nationality and UK Visa applications

• Act as your agent

• Fees vary

[email protected]

Ph: 44 (0)20 8688 4618

www.whatpassport.com

Confirmation of UK Nationality claims

• UK Status Trace - £240

• UK Status Trace (Philip Gamble) - £420

• Nationality by Design - £750

mailto:[email protected]

A final word…

• If you want good tax advice, don’t ask the tax man

We hope you enjoyed this presentation!

• If you want good British Nationality advice, don’t ask the British Embassy!