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My Citizenship Quandary

Posted: Wed Jul 21, 2021 12:38 pm
by RobertRobert86
Hi there

I was wondering if anyone here could give me insight into my citizenship potential. I've done the free xxxxe questionnaire and they said my citizenship is probable but just want see if anyone here has any info.

So I was born in South Africa in 86, my mum was born in Singapore in 1958 to UK born parents (their parents were also UK born if that matters) but I was born out of wedlock. Do you think I have a case ?

Thanks

Re: My Citizenship Quandary

Posted: Wed Jul 21, 2021 4:56 pm
by secret.simon
In my opinion, I do not think that you have British citizenship nor is there a route for you to acquire British citizenship via your mother.

As you were born to a British mother, regardless of marital status, you could have acquired British citizenship if your mother were capable of transmitting British citizenship to you automatically.

But as a British citizen by descent herself, she was not capable of automatic transmission of British citizenship outside the UK (you would have been a British citizen if you were born in the UK).

If your mother had resided in the UK for any three consecutive years before your birth, you could have been registered as a British citizen before your 18th birthday. But, from the details you have given, we are well past that deadline.

The Secretary of State does not have any residual discretion to register anybody past their 18th birthday as British citizens.

So, in my opinion, you are not and have no direct pathway to British citizenship.

However, if you are a Commonwealth citizen (and I am not sure as to whether South Africa counts as a Commonwealth country for these purposes), as you have a British-born grandparent, you would be eligible for an Ancestry visa. Following five years of living in the UK on an Ancestry visa, you can apply for ILR and then naturalise as a British citizen in the usual way (rules for which vary between spouses of British citizens and others).

@CR001 would be best placed to advise on queries on Ancestry visas and immigration from South Africa.

Re: My Citizenship Quandary

Posted: Wed Jul 21, 2021 5:14 pm
by CR001
@secret.simon op might have a route visa ukm under the romein judgement if the mothers father was British.

Alternatively, ancestry visa is the way to go with a uk born grand parent provided op has all relevant birth and marriage certs.

Re: My Citizenship Quandary

Posted: Wed Jul 21, 2021 5:17 pm
by secret.simon
CR001 wrote:
Wed Jul 21, 2021 5:14 pm
@secret.simon op might have a route visa ukm under the romein judgement if the mothers father was British.
OP was born in 1986. The Romein judgment and all provisions for acquiring British citizenship via Form UKM apply to people born before 1983.

Re: My Citizenship Quandary

Posted: Wed Jul 21, 2021 7:03 pm
by CR001
secret.simon wrote:
Wed Jul 21, 2021 5:17 pm
CR001 wrote:
Wed Jul 21, 2021 5:14 pm
@secret.simon op might have a route visa ukm under the romein judgement if the mothers father was British.
OP was born in 1986. The Romein judgment and all provisions for acquiring British citizenship via Form UKM apply to people born before 1983.
Oh yes, missed that :oops:

Ancesty visa is the only option then as far as I can see.