# Uk Citizenship with Grandparent who is a British Citizen Question



## Tata88 (Apr 8, 2013)

Hi, i'm trying to find some clarification regarding an Australian citizen who has two grandparents who were born in Scotland and if they are eligible for UK Citizenship by Double Descent?

I've emailed and tried to phone EVERYONE and am getting conflicting answers and i'm currently waiting for the UK border agency to get back to me and a whole heap of other people.

This male was born in Australia in February, 1983.
His father was born in Australia in May, 1957.
His mother was born in Australia in January, 1960.
They were never married.

His grandmother was born in Glasgow Scotland in 1937.
His grandfather was born in Glasgow Scotland around 1930 (we're unsure of the exact date yet)

Is there any possibility he can actually be a British Citizen by Descent?

I was looking at the UK Border Agency page (cannot post a link yet, not enough posts on expatforum)


And came across this paragraph..

"when you were born, you had a parent who was a citizen of the United Kingdom and Colonies because he/she was born, adopted, naturalised or registered in the United Kingdom (except in certain circumstances), or because one of your grandparents was."

I'm very confused and I hope someone can help answer this?

Thank you so much!!!


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## Joppa (Sep 7, 2009)

Basically, you aren't a British citizen because your relevant parent who is a British citizen by descent cannot pass his or her nationality to any children born outside UK, and he/she has to be married to your other parent either at the time of your birth or subsequently (the rules have since changed so that fathers no longer have to be married when they father a child on and after 1st July 2006).

The only thing you can do is to apply for ancestry visa valid 5 years, and after living (and working) in UK for 5 years, you can apply for naturalisation as British citizen, which gives you citizenship otherwise than by descent, thus enabling you to pass on your nationality to any of your children born outside UK.


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## endeavour (Feb 4, 2013)

*Info from wikipedia*

Something within the following may be of help .... I hope...
Mind you if he/she had any sense would remain Down Under!!!


UK Ancestry Entry Clearance
From Wikipedia, the free encyclopedia

British & Commonwealth
citizenship

Commonwealth nationality laws

British (history)
Australian
Bangladeshi
Barbadian
Canadian (history)
Cypriot
Ghanaian
Indian
Malaysian
Maltese
New Zealand
Pakistani
Samoan
Singaporean
South African
Tongan
Irish citizens in the UK



Classes of citizens and subjects
British Citizen
British Subject
British Overseas Territories Citizen
British Overseas Citizen
British National (Overseas)
British Protected Person
Commonwealth citizen

Rights and visas
Right of abode in the UK
Indefinite leave to remain in the UK
Permanent resident (Australia)
Permanent resident (Canada)
Permanent resident (New Zealand)
Belonger status
UK Ancestry Entry Clearance
Acts

Ireland Act 1949
British Nationality Act 1981
British Nationality (Falkland Islands) Act 1983
British Overseas Territories Act 2002
Canadian Citizenship Act 1946

A UK Ancestry Entry Clearance often referred to as an "Ancestry Visa" is a United Kingdom Entry Clearance for Commonwealth citizens with a grandparent born in the United Kingdom, Channel Islands or Isle of Man who wish to work in the United Kingdom. It is used mainly by young Australians, New Zealanders, Canadians and South Africans coming to UK to work and as a base to explore Europe.[1]

Contents
1 Requirements
2 Term of Entry Clearance
3 British Citizenship
4 Irish born grandparent
5 Possible abolition
6 See also
7 Notes
8 External links

Requirements

The main requirements are:[2]
to have a grandparent born in the United Kingdom, Channel Islands and Isle of Man at any time; or a grandparent born in what is now the Republic of Ireland on or before March 31, 1922.
to be a citizen of a Commonwealth country (it does not matter how citizenship was acquired). Zimbabwe remains a Commonwealth country for visa purposes.
to be aged 17 or over
to intend to undertake employment
to be able to support oneself in the United Kingdom without recourse to public funds.

Term of Entry Clearance

The Entry Clearance is granted for five years in the Limited Leave to Enter category. After this, the holder can apply for an extension (Limited Leave to Remain) or for Indefinite Leave to Remain (ILR). For ILR, the holder must show that he or she has been living continuously in the UK and is currently in continuing employment or has worked throughout the five years. The Home Office's instructions for immigration officers assessing these applications make clear that if the applicant is working at the time of the ILR application, the applicant needs to show only that his or her current employment will continue. If not working at the time of the ILR application, the applicant will need to show that he or she has been continually working or looking for work throughout the five-year period.

This Entry Clearance does not prevent the holder from undertaking study; however, to stay within the terms of the status the holder should also be work in

British Citizenship

After acquiring Indefinite Leave to Remain, it is possible to apply for British citizenship by naturalisation after meeting normal residence requirements. See British nationality law
The increase in the period of time under UK Ancestry to 5 years before ILR can be applied for effectively means that applicants (who are usually not married to British citizens) must wait 6 years for British citizenship. This is because naturalisation as a British citizen for a person not married to a British citizen requires that ILR or its equivalent be held for 12 months.
Children born in the United Kingdom to persons with UK Ancestry (since 1983) are not British citizens by birth. However the child can be registered a British citizen once the parent obtains ILR if the child is still under 18 (it is not necessary to wait for the parent to become British).

Irish born grandparent

A grandparent born in Northern Ireland, or what is now the Republic of Ireland prior to 1 April 1922, gives rise to an entitlement to a right to admission under UK Ancestry. However there may also be an entitlement to register as an Irish citizen by descent which grants full permanent residency in the UK immediately. See Irish nationality law

This may be possible as an alternative to, or in addition to, a UK Ancestry Entry Clearance.

Possible abolition

On 26 October 2005, The Times newspaper in Britain published an article outlining possible plans by the British Home Office to abolish admission under UK Ancestry in favour of a points based migration system. The issue had apparently been raised in the House of Commons Home Affairs Select Committee. The possibility of abolition alarmed many people with British-born grandparents living in Commonwealth countries.

Scotland's First Minister, Jack McConnell, expressed his concern over the possible abolition of the UK Ancestry Entry Clearance. Mr. McConnell had recently been in Canada to encourage Canadians of Scottish heritage to move to Scotland. Canada has over 4 million citizens that are of Scottish descent. Part of the reason for this campaign was the concern over declining population and birthrate in Scotland. His campaign received a great deal of interest in Canada.[citation needed]

However, details of a new points based system announced on 7 March 2006 made it clear that ancestry routes to the UK would not be affected. The new points system covers those workers wishing to enter the UK without EU/EEA member state citizenship or ancestral links to the UK.

The abolition of this route was once again brought up by the Home Office in February 2008 in a green paper where public consultation is currently being held.[1]

According to The Times,[3] in July 2008, with the publication of a draft immigration and citizenship bill, the UK Home Office "confirmed that it will retain the ancestral route to citizenship under which Commonwealth citizens aged over 17 with one grandparent born in the UK can obtain a passport". This statement is somewhat inaccurate, because meeting those qualifications does not entitle that person to any passport (British or otherwise). It entitles the person to a UK Ancestry Entry Clearance which will allow them to enter the UK for residence and employment as a non-British citizen.

See also
Permanent residency
Right of abode
Indefinite Leave to Remain
British nationality law


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