British citizenship by double descent - Grandparents

amsj11991 · Post by **amsj11991** » Fri Jul 03, 2020 5:52 pm

Hi,

I am currently looking into the right that my mom has to apply for British Citizenship by double descent. Basically, her grandfather was born in Antigua and Barbuda, and emigrated to the Dominican Republic, where he got married (with a Dominican) and had children. His first-born (born in 1927) was my mother's father. My mom was born in 1953, and her father was not married to her mother.

Can she apply to double descent based on the fact that her grandfather was a citizen of a colony of the United Kingdom? Both her parents were born in the Dominican Republic.

Thanks!

secret.simon · Post by **secret.simon** » Fri Jul 03, 2020 6:26 pm

Broadly speaking, very unlikely.

Firstly, as a rule of thumb, British citizens/CUKCs/British subjects could, as a general rule, pass on their status to people outside the UK/colonies/protectorates (depending on specific dates) only one generation outside the UK.

Secondly, as her father (your maternal grandfather) was not married to her mother at the time of her birth, he would not have been able to pass on his CUKC (Citizen of the UK and Colonies) status to her at the time of her birth, even if he were able to (which is unlikely as he was himself a citizen by descent).

Thirdly, unless your mother, one of her parents or grandparents were born, registered or naturalised in the UK itself (not a colony or protectorate), they would not have had Right of Abode since 1971.

In turn, if they did not have Right of Abode in 1983, even assuming that she was a CUKC (very unlikely as discussed above), she would not have become a British Citizen in 1983, but a British Overseas Citizen with no right to live and work in the UK.

amsj11991 · Post by **amsj11991** » Fri Jul 03, 2020 10:37 pm

Hi!

Thanks a lot for your reply, you explained it very well!

I actually confirmed with my mom, and they were actually married on her date of birth. They just divorced shortly afterwards. Sorry by the confusion, my mistake. So anyways, this would mean that in the very unlikely event that her father can pass on the CUKC, it would be as a British Overseas Citizen?

Thank you in advance!

amsj11991 · Post by **amsj11991** » Fri Jul 03, 2020 10:38 pm

secret.simon wrote: ↑
Fri Jul 03, 2020 6:26 pm
Broadly speaking, very unlikely.

Firstly, as a rule of thumb, British citizens/CUKCs/British subjects could, as a general rule, pass on their status to people outside the UK/colonies/protectorates (depending on specific dates) only one generation outside the UK.

Secondly, as her father (your maternal grandfather) was not married to her mother at the time of her birth, he would not have been able to pass on his CUKC (Citizen of the UK and Colonies) status to her at the time of her birth, even if he were able to (which is unlikely as he was himself a citizen by descent).

Thirdly, unless your mother, one of her parents or grandparents were born, registered or naturalised in the UK itself (not a colony or protectorate), they would not have had Right of Abode since 1971.

In turn, if they did not have Right of Abode in 1983, even assuming that she was a CUKC (very unlikely as discussed above), she would not have become a British Citizen in 1983, but a British Overseas Citizen with no right to live and work in the UK.

Hi!

Thanks a lot for your reply, you explained it very well!

I actually confirmed with my mom, and they were actually married on her date of birth. They just divorced shortly afterwards. Sorry by the confusion, my mistake. So anyways, this would mean that in the very unlikely event that her father can pass on the CUKC, it would be as a British Overseas Citizen?

Thank you in advance!

secret.simon · Post by **secret.simon** » Fri Jul 03, 2020 11:15 pm

amsj11991 wrote: ↑
Fri Jul 03, 2020 10:38 pm
this would mean that in the very unlikely event that her father can pass on the CUKC, it would be as a British Overseas Citizen?

Yes, if your maternal grandfather could pass on his CUKC status, your mother would be a British Overseas Citizen now.

Of course, as your maternal grandfather was himself a CUKC by descent, he would not have been able to pass on his CUKC status to his children automatically.

He could have registered your mother as a CUKC with the British authorities under Section 5(1)(b) of the British Nationality Act 1948, then in effect.

Had he done so within a year of your mother's birth, she would be a British Overseas Citizen now.

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British citizenship by double descent - Grandparents

British citizenship by double descent - Grandparents

Re: British citizenship by double descent - Grandparents

Re: British citizenship by double descent - Grandparents

Re: British citizenship by double descent - Grandparents

Re: British citizenship by double descent - Grandparents