ANCESTRY ENTRY CLEARANCE TO THE UK – BUT HAVE YOU THOUGHT ABOUT THE FELLOW IN THE MIDDLE (see photo)?

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Three generations; SCOTTY, born in the UK; his son JACK born in a Commonwealth country and OLIVER, Jack’s son, born in the same Commonwealth country.

Jack holds a South African passport, so does Oliver.

Oliver’s UK born granddad potentially opens up the UK ancestry route to him and his immediate family members (spouse / partner / children) to work and live in the UK. Of course, we will assume that Oliver is over the age of 17.

BUT WHAT ABOUT JACK AND HIS WIFE (Oliver’s mother)? Jack is married to a non-EU citizen – lovely SARAH.

Returning to the three generations; what we have here is a British citizen (granddad Scotty), British citizen by descent (father Jack) and Oliver (grandson claiming ancestry).

Jack, if he doesn’t have one yet, will have to apply for his FIRST British passport. As a confirmed British citizen, he may very well be able to bring Sarah to the UK as his dependant. However, he will have to apply under the ‘super-strict’ requirements of Appendix FM of the UK immigration rules applicable to British citizens bringing such a spouse/partner to the UK.

Oliver on the other hand, assuming he has immediate family dependants of his own, would fall under an entirely different set of rules which are less strict and open for discretionary application by UK Home Office caseworkers.

For all your FIRST UK passport applications, ancestral and family visas, enquiries and assistance, please contact DEPNER IMMIGRATION CONSULTANTS at 0333 200 5158

For more information and assistance contact info@depner-immigration.com
Daniel Dippenaar – Barrister-Immigration Consultant 6 March 2020

REGISTERING YOUR CHILD AS A BRITISH CITIZEN?

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Your first point of call in relation to British citizenship will usually require a thorough understanding of the British Nationality Act 1981.

It provides a number of sections, each with different requirements for children to be registered as a British citizen.

Sections 1(3), 1(3A) and 1(4): registration by entitlement for those born in the UK after 1 January 1983.

Section 1(4): entitlement provision for either a child or an adult.

Sections 3(2) and 3(5): entitlement of minors born outside the UK and qualifying territories to British citizens by descent.

And finally, section 3(1): discretionary provision for registration as a minor.

Today, these notes will deal with only one of the above; section 1(3):

A child is entitled to registration under section 1(3) if he/she was born in the UK, but didn’t become a British citizen at birth, because at the time neither parent was a British citizen or settled in the UK. If either of the parents of such a child (after his/her birth) becomes a British citizen or settled in the UK and the child is still a minor at that time and can show that he/she is of good character (if over the age of 10) British citizenship otherwise than by descent is likely to be granted by registration.

It should be noted that the application must be received when the child is still under the age of 18.

For more information and assistance contact info@depner-immigration.com

Daniel Dippenaar – Barrister-Immigration Consultant 28 February 2020