Breytenbachs Immigration Consultants has a team that specializes in the complexities of British nationality legislation.
Our staff conducts client status checks in order to determine whether a person is already a British citizen by law or is eligible to apply for British citizenship or any other sort of British nationality.
Because British nationality regulations are intricate, we strongly advise anyone with British ties to contact us for more information on their eligibility.
The British Nationality Act
Section 4C of the British Nationality Act has some surprises in store for persons who thought they did not have a claim to British citizenship.
An adult is entitled to be registered as a British Citizen on an application if the following criteria apply:
- They were born before 1 January 1983
- They would have become a Citizen of the United Kingdom and Colonies by descent if a woman had been able to pass on citizenship to their children in the same way that men could at the time of the applicant’s birth; and
- They would have acquired the right of abode had they become a Citizen of the United Kingdom and Colonies which they acquired because the following applies to them:-
- Their mother was, at the time of the applicant’s birth, a Citizen of the United Kingdom and Colonies by birth, legal adoption, naturalisation or registration in the United Kingdom and Islands; or
- One of their mother’s parents was a Citizen of the United Kingdom and Colonies by birth, legal adoption, naturalisation or registration in the United Kingdom and Islands; or
- One of their father’s parents was a Citizen of the United Kingdom and Colonies by birth, legal adoption, naturalisation or registration in the United Kingdom and Islands; or
- They were resident in the United Kingdom for five years before 1983 and were settled in the United Kingdom by the end of that period; or
- They are a woman who, before 1 January 1983, was or had been married to a man with the right of abode in the United Kingdom.
The second requirement for registration is that you would have become a Citizen of the United Kingdom and colonies by descent if a woman had been able to pass on citizenship to their children in the same way as men.
You would have become a Citizen of the United Kingdom and Colonies if, at the time of your birth:
- Your mother was:-
- Born, adopted, naturalised or registered in the United Kingdom and Colonies; or
- A British subject before 1949 and was born in a British Protectorate, protected state or United Kingdom Trust territory; or
- Your mother was, at the time of your birth, a Citizen of the United Kingdom and Colonies and:-
- You were born, or your mother was born in a British Protectorate, protected state, mandate territory or trust territory or in any foreign place in which British Subjects came under British Extraterritorial jurisdiction; or
- You were born in a non-commonwealth country (South Africa between 31 May 1962 and 31 December 1982); or
- Your mother was in Crown service under the United Kingdom government at the time of your birth; or
- You were born in Ceylon/Sri Lanka.
How Breytenbachs can help you with your British Citizenship claim
These routes are not easy routes to claim British Nationality. Breytenbachs, therefore, suggest that you contact us so that our office can do a status trace to confirm whether you do qualify under these routes as mentioned above.
Our status traces will establish whether you are a British citizen or eligible to become a British citizen or any other type of British Nationality by application in your circumstances and under the current law.
A full explanation of your British Nationality claim will be provided, which will set out historic facts and legal events relevant to the outcome that we found of you and your family’s history.
We will evaluate the following United Kingdom nationalities, being:-
- British Overseas Territories Citizenship;
- British Overseas Citizenship;
- British Subject under the British Nationality Act of 1981;
- British Protected Persons;
- British National (overseas).
If you are interested in a British Nationality Status trace or would like to discuss any UK immigration issue, please email us at info@bic-immigration.com or visit our website at www.bic-immigration.com
You can also phone your closest Breytenbachs office at the following contact details Durban – 031 880 2777, Cape Town – 021 830 5246 or Pretoria – 021 460 9959. You can reach our London office at +44 207 442 2160.