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Am I eligible for British citizenship by double descent?

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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voyager1
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Am I eligible for British citizenship by double descent?

Post by voyager1 » Sat Sep 01, 2018 10:41 am

I want to know if I am eligible to register or to apply for British Citizenship by double descent?

A recent court case that took place in 2018, saw a Mrs Romein gain citizenship by double descent through her mother's line of ancestry. Her mother was a citizen by descent, but because Mrs.Romein's maternal grandfather was British and born in the UK, Mrs. Romein became eligible to become a British citizenship. As I understand it, before this court case, citizenship by double descent could only be gained through the father's(paternal) line of ancestry.

This site seems to explain more: third party immigration webink removed by moderator

It seems to explain things in more detail, although I am aware this site is not a government site, I would assume that the information given is accurate. If the information given on this site is not accurate, please let me know.

Now for my personal details. I am a Bahraini citizen and I was born in Bahrain. My father was Bahraini(he has now passed away) and my mother is a British citizen by descent. My mother was born in Guinea-Bissau when her parents were posted overseas. My mother's parents(my maternal grandparents) are both British citizens and they were both born in the UK. Their parents(my great grandparents) were also British and they were all also born in the UK. My parents got married in 1974 and I was born in 1979. My mother was born within wedlock.

Now as I understand it and from what I have read, it would seem that I am eligible for Britsh citizenship. Am I eligible for British citizenship?

Any informative responses will be very much appreciated.

secret.simon
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Re: Am I eligible for British citizenship by double descent?

Post by secret.simon » Sat Sep 01, 2018 12:26 pm

voyager1 wrote:
Sat Sep 01, 2018 10:41 am
my mother is a British citizen by descent. My mother was born in Guinea-Bissau when her parents were posted overseas. My mother's parents(my maternal grandparents) are both British citizens and they were both born in the UK...I was born in 1979.
Those are the important pieces of information.

Yes, you would be eligible to register as a British citizen by applying on Form UKM. You will need proof of your maternal grandfather's birth in the UK, their marriage certificate, your mother's birth certificate, your parents' marriage certificate and your own birth certificate.

Be aware that the registration will make you a British citizen by descent and you will not be able to pass on your own British citizenship to your own children born outside the UK.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

voyager1
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Re: Am I eligible for British citizenship by double descent?

Post by voyager1 » Sun Sep 02, 2018 2:56 am

@secret.simon thank you for your reply. I have a few more questions which I am not 100% sure about though:

1) I have read a few sources(not official) which suggest that in my case my mother or I should of been born in a Commonwealth country in order for me to be eligible. But neither my mother who was born in Guinea-Bissau(a former Portuguese colony) or I, because I was born in Bahrain(a former British Protectorate, but it had its independence at the time of my birth) would qualify for this if this was indeed the case. Is this information not true and is it irrelevent where my mother and I were born in order for my registration to succeed?

2) The ruling for the Romein court case was as follows: "it ruled that where an applicant can show that their birth would have been registered at a British Consulate had the law not prevented it"
Now my mother did exactly what Mrs.Romein's mother did. She tried to get me registered at the British Embassy in Bahrain a few weeks after I was born. But she was told that I couldn't be registered because at the time citizenship could not be passed down through double descent by the mother. Obviously my mother doesn't have any physical proof that she went to the Embassy. But is her word just enough in my situation?

3) My wife is a non EU citizen and we don't have children right now. But if one of my children is born by her in the UK after I have attained British citizenship, would this child have any claims to British Citizenship? Or at least would this child have any claims for residence in the UK?

4) Given the information of my case and the details that I have given and given the fact that I have never ever commited any crimes in the UK barring one speeding fine that I once got in the UK. What do you think my chances of getting British Citizenship are? Is my case very strong and am I almost guaranteed to get British Citizenship, provided that I produce all the required marriage and birth certificates? I just want to know how strong my chances are of getting British Citizenship in my particular case.

Thanks again for your help and I await your reply.

voyager1
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Is it worth going through an immigration company or should I just apply myself for British Citizenship?

Post by voyager1 » Thu Sep 06, 2018 11:21 am

I have recently understood that I might be eligible for British citizenship, here is my case:

"I am a Bahraini citizen and I was born in Bahrain. My father was Bahraini(he has now passed away) and my mother is a British citizen by descent. My mother was born in Guinea-Bissau when her parents were posted overseas. My mother's parents(my maternal grandparents) are both British citizens and they were both born in the UK. Their parents(my great grandparents) were also British and they were all also born in the UK. My parents got married in 1974 and I was born in 1979. My mother was born within wedlock."

With my case, am I 100% eligible for British Citizenship?(I don't have any criminal record, so I would pass the good character test if there is one).

I want to know if it is worth me going through an immigration company or just applying myself? What benefits do immigration companies provide? Some companies claim to have contacts with the home office, will that improve my chances of getting British citizenship? Is it worth going through an immigration company or am I better off just applying for myself?

secret.simon
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Re: Am I eligible for British citizenship by double descent?

Post by secret.simon » Thu Sep 06, 2018 11:53 am

Provided you can prove that you meet the requirements of descent from a British citizen by descent mother, you have an entitlement to registration as a British citizen. Therefore I do not think you need to apply via an immigration service, but can apply on your own. If you have the proof, the application is fairly straightforward.
voyager1 wrote:
Sun Sep 02, 2018 2:56 am
1) I have read a few sources(not official) which suggest that in my case my mother or I should of been born in a Commonwealth country in order for me to be eligible. But neither my mother who was born in Guinea-Bissau(a former Portuguese colony) or I, because I was born in Bahrain(a former British Protectorate, but it had its independence at the time of my birth) would qualify for this if this was indeed the case. Is this information not true and is it irrelevent where my mother and I were born in order for my registration to succeed?
It is irrelevant where your mother was born for the purpose of registration using Form UKM. The Commonwealth citizenship rule is for applications for an Ancestry visa.
voyager1 wrote:
Sun Sep 02, 2018 2:56 am
2) The ruling for the Romein court case was as follows: "it ruled that where an applicant can show that their birth would have been registered at a British Consulate had the law not prevented it"
Now my mother did exactly what Mrs.Romein's mother did. She tried to get me registered at the British Embassy in Bahrain a few weeks after I was born. But she was told that I couldn't be registered because at the time citizenship could not be passed down through double descent by the mother. Obviously my mother doesn't have any physical proof that she went to the Embassy. But is her word just enough in my situation?
The Court ruled that as there would be no evidence of such attempt at registration, all children of British citizen by descent mothers are eligible for registration using Form UKM. There is no need to provide proof that she attempted registration that failed, though it can be stated in the application.
voyager1 wrote:
Sun Sep 02, 2018 2:56 am
3) My wife is a non EU citizen and we don't have children right now. But if one of my children is born by her in the UK after I have attained British citizenship, would this child have any claims to British Citizenship? Or at least would this child have any claims for residence in the UK?
Any children born to you in the UK after registration as a British citizen will be British citizens otherwise than by descent from birth.

The procedure for getting a non-EU spouse to the UK is quite detailed and demanding (you need to have a job earning at least £18,600 in the UK OR savings of £62,500 to sponsor a non-EU spouse for a start). If you plan to go down that route, you may want to start planning for that from now as well.
voyager1 wrote:
Sun Sep 02, 2018 2:56 am
4) Given the information of my case and the details that I have given and given the fact that I have never ever commited any crimes in the UK barring one speeding fine that I once got in the UK. What do you think my chances of getting British Citizenship are? Is my case very strong and am I almost guaranteed to get British Citizenship, provided that I produce all the required marriage and birth certificates? I just want to know how strong my chances are of getting British Citizenship in my particular case.
Provided you meet the proof and the good character requirements, you have an entitlement (i.e. cannot be refused) to register as a British citizen.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

voyager1
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Re: Am I eligible for British citizenship by double descent?

Post by voyager1 » Thu Sep 13, 2018 10:48 am

secret.simon, thanks again for your replies to my queries. However, I have a few more questions which I am still not sure of.

When applying for British Citizenship, will I have to send all the original birth certificates, the original marriage certificates and the original passports? Or will certified copies be sufficient when making an application? Or are originals required for some things and certified copies are acceptable for other things?

I would like to know exactly what is required? Because sending the originals in the post seems a bit risky given how things can go missing in the post on the rare occasion. But if it is the originals that are required, then so be it, but I would just like to have this confirmed.

My second question is, if an application for British Citizenship gets rejected for whatever reason, how soon after the rejection by the home office can one reapply for British citizenship for a second time?

Thanks once again for your replies.

voyager1
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Re: Am I eligible for British citizenship by double descent?

Post by voyager1 » Fri Sep 21, 2018 11:30 am

Can anyone answer my last two questions from my last post?

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Re: Am I eligible for British citizenship by double descent?

Post by CR001 » Fri Sep 21, 2018 12:12 pm

voyager1 wrote:
Fri Sep 21, 2018 11:30 am
Can anyone answer my last two questions from my last post?
For a UKM application, you have to send originals.

There is no time frame you have to wait before you reapply if you are refused.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: Am I eligible for British citizenship by double descent?

Post by modulus » Wed Oct 31, 2018 3:47 pm

CR001 wrote:
Fri Sep 21, 2018 12:12 pm
voyager1 wrote:
Fri Sep 21, 2018 11:30 am
Can anyone answer my last two questions from my last post?
For a UKM application, you have to send originals.
I don't want to get into an argument here, but want to let others know, I believe this advice to be incorrect. Using originals is possible, but I don't believe it's required. Using originals is also not without downsides. Like a higher chance of loss document or inconvenience to travel plans being without one's passport.

So I'm currently speaking to a caseworker that has had several UKM applications fully approved with her clients receiving full registration certificates and then UK passports. She has categorically stated that only certified copies were used and all that is required.

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