US Citizen with British Grandfather

[jljames]

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My grandfather was born in the UK in 1890 and moved to Canada and then the US at the age of 16.

My father was born in the US in 1930, and family journals say that my grandfather registered my father's birth in the UK. We have no actual documentation for this registration.

I was born in the US in 1958 and my birth was not registered in the UK.

Question 1: Can my father obtain British Citizenship either by Other than by Descent, or By Descent by showing both my grandfather's birth certificate and my father's? If so, could my mother do the same via my father's new status?

Question 2: Can I obtain British Citizenship in any form at this point in my life other than via the naturalization process (ie descent)?

Your thoughts would be very appreciated!

[John]

There are others more knowledgeable than me about the historical position but as regards your Q1, it could well be the case that your father is already a British Citizen, without realising it!

As regards Q2, if your father is British he is British by descent, and that means he cannot pass British Citizenship on to his children, including you.

You do not post details of your citizenship, and is that US? If so you would not qualify for an ancestry visa. If however you are Canadian, or any other Commonwealth country, then given your grandfather was born in the UK, you would be qualified to applied for an ancestry visa. That would get you to the UK and then 5 years later you could apply for Naturalisation.

[Siggi]

John, one corrections regarding ancestral visa you can only apply for
naturalisation after six years not five.

Five years plus one year ILR then you my apply for naturalisation.

Other than that you are spot on with your reply.

[John]

Siggi, you are of course correct. After nearly 5 years on Ancestry visa ILR can be applied for, and then having had ILR for 1 year a Naturalisation application can be made.

Unless by then the person is married to (or in Civil Partnership with) a British Citizen, in which case the Naturalisation application can be made as soon as ILR held.

[jljames]

Many thanks, John and Siggi! Sharing your knowledge is very appreciated. This now brings up subsequent questions!

How can my father verify whether his birth was ever registered? What department and which forms must he complete for this?

If my father's birth was never registered, can he still go to a consulate here in Los Angeles and apply for Citizenship by Descent by providing the appropriate birth certificates and marriange certificates which he has?

If my father can obtain Citizenship by Descent as mentioned above, can my mother then apply for the same through my father?

And if by having parents who are Citizens by Descent, do this provide any benefit to me if I wanted to live in the UK and/or apply for a work permit?

Also, I am a US citizen. However, let's suppose that I am able to secure Canadian or any other Commonwealth country citizenship. Would I then be able to apply for an Ancestry visa?

As I ask these questions, I think I am beginning to answer them at the same time! I think I figured out that it would not be worth going this route, as I would not really gain much by obtaining commonwealth citizenship just to get back in line for UK citizenship.

Your thoughts?

[JAJ]

Many thanks, John and Siggi! Sharing your knowledge is very appreciated. This now brings up subsequent questions!

How can my father verify whether his birth was ever registered? What department and which forms must he complete for this?

Contact the GRO in the U.K.:
http://www.gro.gov.uk/gro/content/birth ... /index.asp

If my father's birth was never registered, can he still go to a consulate here in Los Angeles and apply for Citizenship by Descent by providing the appropriate birth certificates and marriange certificates which he has?

Yes! In fact, provided his father was born in the U.K. and his parents were married, then he has been a British citizen since he was born. He just needs to apply for a British passport:
http://www.britainusa.com/sections/inde ... =10080&d=1

He might even be able to do a "late" registration of his U.S. birth (there is no time limit) if he wants a stand-alone proof of his British citizenship.

If my father can obtain Citizenship by Descent as mentioned above, can my mother then apply for the same through my father?

No, sorry. She might have been able to apply for it before 31 December 1987 but that opportunity is now closed.

If she migrated to the U.K. as his spouse she could become naturalised British after 3 years residence.

And if by having parents who are Citizens by Descent, do this provide any benefit to me if I wanted to live in the UK and/or apply for a work permit?

No, sorry.

Also, I am a US citizen. However, let's suppose that I am able to secure Canadian or any other Commonwealth country citizenship. Would I then be able to apply for an Ancestry visa?

Yes - under current rules (which could change).

[John]

If she migrated to the U.K. as his spouse she could become naturalised British after 3 years residence.

Just to add to that, once your father has his British Passport ... proof that he is British ... your mother could apply for a 2-year spouse visa in order to accompany him to the UK. And then near the end of that 2-year visa she would apply for ILR ..... indefinite leave to remain. Then as already said, once she has been in the UK for 3 years she could apply for Naturalisation as British.

Alternatively, and clearly a hassle, your mother (presumably a US Citizen) could fly to the UK as a visitor and whilst here she could take and hopefully pass the Life in the UK Citizenship test. Then she would fly back to the US and because she has that pass certificate, when she applies for her spouse visa, instead of 2 years being granted she should get ILE .... indefinite leave to enter ... thereby cutting out the need to apply for ILR nearly 2 years later.