British citizen by descent

[AntonioS]

Hi all,

I'm a little confused as to how British citizenship by descent works. I've read the GOV.UK pages, and various posts in this forum, however I am still confused.

My grandma I believe can claim citizenship as she was born (in Australia) to a British father, but how does that then continue down the line? Could my mother then apply for citizenship once my grandma has claimed hers, and subsequently me claim citizenship once my mother has? Or is my grandma unable to pass on her British nationality to mum? I have read conflicting information..

One page states that my grandma could register as a British citizen as she was born before 1 July 2006 (~1935)) to a British father, however another page states that children born outside of the UK must be registered before their 18th birthday. Does the latter take precedence over the former?

Finally, if my grandma is eligible for citizenship, could I instead apply for an ancestry visa (even though she wasn't born in the UK)?

Thanks in advance,
Anthony

[ohara]

If your grandmothers parents were married when she was born in Australia, she is automatically a British citizen by descent.

Unfortunately British citizenship can only pass down one generation to children born outside the UK, and only if the parent is a British citizen at the time of birth. Even if your grandmother is British by descent, if your mother was also born outside the UK, she will not be British, and after the age of 18 there is no special provision to become British through registration; she will have to naturalise like the rest of us.

One page states that my grandma could register as a British citizen as she was born before 1 July 2006 (~1935)) to a British father

That is Form UKF, which is only applicable if your grandmother's parents were NOT married at the time of her birth, as before 1st July 2006, men could not pass British citizenship on to their children if they were not married to the mother.

however another page states that children born outside of the UK must be registered before their 18th birthday.

That is only applicable for the registration of children and does not apply in this case at all.

Could my mother then apply for citizenship once my grandma has claimed hers, and subsequently me claim citizenship once my mother has? Or is my grandma unable to pass on her British nationality to mum?

Even if your grandmother was a British citizen by descent at the time of your mum's birth, she would not have been able to pass British citizenship onto your mother.

[AntonioS]

Thanks ohara, that is a very clear and detailed response, I really appreciate it.

I am seeing my grandma tomorrow, so I can confirm whether or not her parents were married when she was born in Australia. I am fairly certain however she doesn't hold a British passport.

If it turns out that my grandma is indeed a British citizen by descent, would I then be eligible to apply for an Ancestry visa? I read that I need to be able "to prove that one of your grandparents was born in the UK" which is unfortunately not the case - would I still be eligible if all other criteria are met?

I missed out on an Italian passport by 3 months, and I'm desperately seeking alternative ways of living and working in the UK long enough to gain ILR (and then citizenship). I know that I can apply for the Tier 5 visa, however (as I understand it) it doesn't count toward the 5 years requirement for ILR.

Thanks again,
Anthony

[noajthan]

...

I am seeing my grandma tomorrow, so I can confirm whether or not her parents were married when she was born in Australia.

...

Thanks again,
Anthony

Suggest make sure there is nothing throwable or breakable in reach when you ask .

[ohara]

If it turns out that my grandma is indeed a British citizen by descent, would I then be eligible to apply for an Ancestry visa? I read that I need to be able "to prove that one of your grandparents was born in the UK" which is unfortunately not the case - would I still be eligible if all other criteria are met?

I don't believe so, as like you have stated, it is a requirement that at least one of your grandparents must be a British citizen who was born in the UK.

If it's any consolation, it seems that your mother may be eligible for the ancestry visa

How old are you? There are other paths into the UK for commonwealth citizens; the Tier 5 Youth Mobility Scheme for example.

[AntonioS]

I don't believe so, as like you have stated, it is a requirement that at least one of your grandparents must be a British citizen who was born in the UK.

If it's any consolation, it seems that your mother may be eligible for the ancestry visa

How old are you? There are other paths into the UK for commonwealth citizens; the Tier 5 Youth Mobility Scheme for example.

I was afraid that would be the case.. I've just had a thought however - if my mother were to apply for an ancestry visa, could I then apply as a dependant? With regard to the requirement "are able and planning to work in the UK", I was reading that as a visa requirement, she only needs to demonstrate that she is looking for work (i.e. registered with a job agency) and not actually have a job lined up. If I could apply as a dependent, then I could qualify for a 5 year visa, which would save a whole lot of headaches applying for jobs and whether I have the "right to work".

As for the Youth Mobility visa, that is somewhat of a last resort for me. I've been applying for graduate programs in the UK ultimately hoping for sponsorship, however as the Youth Mobility visa lasts 2 years, it might also be possible to complete a graduate program without requiring sponsorship. It's not an easy thing to communicate on a job application however as they typically only ask yes or no questions regarding "right to work".

Thanks again for the reply, I really appreciate your insight.

[vinny]

I've just had a thought however - if my mother were to apply for an ancestry visa, could I then apply as a dependant?

A ‘dependant’ is any of the following:

your partner
your child under 18
your child over 18 if they’re currently in the UK as a dependant

[AntonioS]

Sorry vinny, I should have clarified - I read the definition for "dependent", however I'm not sure I understand the third line.

What does it mean to be currently in the UK as a dependent? Does it mean living in the UK on something like a Tier 5, however receiving financial support from a parent in Aus?

Thanks

[vinny]

No. It means that you must have leave as a dependant, eg under 196G-199 or 319F-319J, etc.