Registration as UK citizen

[rowan.braam]

Is my husband eligible to register as UK citizen.

He was born 1970 in South Africa.
His mother was born 1947 in England, at the time of his birth she had British passport and to date maintains her citizenship.
His maternal grandfather also English born.

His father was born in Holland, at time of his birth a naturalised South African.

At present he is in England on AV.

I'm the wife, here in own right, as BC by descent.

Have an idea that he is not eligible, SA excluded becuase of apertheid???

Thanks

[John]

I think you would be rather interested to download and read the Guide UKM and the Registration form UKM because based upon the dates and detail you post your husband might be eligible to Register as a British Citizen.

But lots of "small print" to wade through. Do you know if your husband's birth was registered at the nearest British Mission within one year of his birth?

[rowan.braam]

No, his birth was not registered.

Thought the thing would be that SA was for a while not part of the Commonwealth.

[rowan.braam]

Yes right about the small print...

[Christophe]

No, his birth was not registered.

Thought the thing would be that SA was for a while not part of the Commonwealth.

I don't believe that the fact that his birth was not registered at a British mission will matter (but check that small print!).

The fact that South Africa was out of the Commonwealth will not affect his right to register, which is not dependent on being a Commonwealth citizen anyway. (The fact that South Africa was not a Commonwealth country for a time means that he does not currently have the right of abode in the UK, which Commonwealth citizens born before 1983 to a British-born mother normally have, but that is separate from what you are talking about.)

He would presumably be entitled to an ancestry visa, being a current Commonwealth citizen with a UK-born grandparent. (South Africans are eligible for this.) Be aware that if he is able to register as a British citizen on the basis of his mother's birth, he will be a British citizen by descent, and so any children born to him outside the UK will not be automatically British. If he were to live in the UK (e.g. on an ancestry visa) and subsequently naturalised as a British citizen on the basis of residence in the UK, he would be a British citizen otherwise than by descent. This may well not be important or relevant to him, but it's worth pointing out.

[JAJ]

But lots of "small print" to wade through. Do you know if your husband's birth was registered at the nearest British Mission within one year of his birth?

John
I'm not sure why that's relevant .... British citizenship by descent from a UK-born parent is normally automatic.

[there was a consular registration process for the 2nd and subsequent generation born before 1983, but only for those born outside Commonwealth countries and the Republic of Ireland]

[JAJ]

Is my husband eligible to register as UK citizen.

He was born 1970 in South Africa.
His mother was born 1947 in England, at the time of his birth she had British passport and to date maintains her citizenship.
His maternal grandfather also English born.

His father was born in Holland, at time of his birth a naturalised South African.

At present he is in England on AV.

I'm the wife, here in own right, as BC by descent.

Have an idea that he is not eligible, SA excluded becuase of apertheid???

He is eligible, based on the facts presented.

HOWEVER, naturalisation may be a preferable option, especially if you plan to leave the UK later (because it would make it easier for foreign born children to be British).

How long have you both lived in the United Kingdom?

[Siggi]

Rowan,

No problem at all, both my sisters where born in 1967 & 1961 in SA of a our British born mother.

In 1981 or 81 they both applied to become BC after a change to the law allowing citizenship to be passed down from the a British born mother to childern born outside the UK .

This bit of law I know very well as I was born in 1959 and excluded because it had a cut off from 1960 to 1982.

So if your husband was born in 1970 he can apply for BC.

[rowan.braam]

Thanks for input.

As we've been here close to a year, husband on Ancestry visa-our children(3 and 5) his dependants and myself as BC in own right; we'll stick to route of naturalisation; keeping registration as British citizen as backup.

[Siggi]

Whilst it is your own business what you do regarding BC.
But I would check out the costs.

If your husband continues with his ancestral visa and then naturalisation it will cost roughly £750 after 5years for ILR and one year later £750 for naturalisation + 2 x £400 for each of the childern.That at it stands now.

However if he goes for BC via decent it will only cost £400 for him and £800 for the childern.
This also excludes all the other hassles of Schengen visas and it can happen immediately.

[JAJ]

Whilst it is your own business what you do regarding BC.
But I would check out the costs.

If your husband continues with his ancestral visa and then naturalisation it will cost roughly £750 after 5years for ILR and one year later £750 for naturalisation + 2 x £400 for each of the childern.That at it stands now.

However if he goes for BC via decent it will only cost £400 for him and £800 for the childern.
This also excludes all the other hassles of Schengen visas and it can happen immediately.

Alternatively, as husband is married to a British citizen, he can go for naturalisation using the "ppron method" once he has 3 years UK residence (no need for ILR).

[John]

2 x £400 for each of the childen

No, it is £400 for one or more children .... where the applications are made at the same time. Accordingly just £400 to Register both children as British, not £400 each.

[Siggi]

Yes John you are right it is £400 for one or more childern.

The point is, it would still be cheaper and less complicated in the long run for Rowan Braam to become BC straight away.

We all know how the law keeps changing and the costs keep on spiraling, so whats good today might not be the case next year.

[JAJ]

Yes John you are right it is £400 for one or more childern.

The point is, it would still be cheaper and less complicated in the long run for Rowan Braam to become BC straight away.

Cheaper? - yes.

Less complication? Not so clear. For example, should they leave the UK in future, if he becomes BC by descent (with wife who is BC by descent) then future children born overseas will not automatically be British citizens.

Regarding the children, if they are registered as British citizens now (under section 3(1) of the Act) then they will also be British citizens by descent. The work-around is to wait until the children have 3 years in the UK and register them under section 3(5) of the Act which gives BC otherwise than by descent.

Note that ILR is not needed for s3(5) applications, although under policy it's normally required for s3(1) applications on the grounds of UK residence.

Of course if mother got her BC by registration after the children were born, then they could be registered as British under section 3(1) and then be British "otherwise than by descent".