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
Do I have a claim to British Nationality?
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
Do I have a claim to British Nationality?
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
Do I have a claim to British Nationality?
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
Do I have a claim to British Nationality?
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
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
Can pass British Nationality to children
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
Can pass British Nationality to children
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
Here’s a loophole!
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
Here’s the loophole!
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
Here’s a loophole!
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
Here’s a loophole!
! 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
Here’s a loophole!
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
Here’s the loophole!
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
Here’s a loophole!
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
Here’s a loophole!
! 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
Here’s a loophole!
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
Here’s a loophole!
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
GrandparentBorn in UK
British Nationality from birth in British Territory
ChildrenBorn in British Territorybetween 1949 & 1983
Parent
GrandparentBorn in UK
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.
Here’s a loophole!
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
Here’s the loophole!
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
Here’s a loophole!
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
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.
Do I have a claim to British Nationality?
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
I’m still not sure
FreeBritish Nationality
Assessment
No Nationality solutions
Possible UK Nationality
STEP 2 : Philip Gamble reviews your case
British Passport Review £30
UnlikelyLikely
I’m still not sure
Possible
STEP 1British
Nationality Assessment
Status Trace£240
NoClaim
Nationality Claim
I’m still not sure
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
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
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!