potential law changes open door for british citizenship by descent

The new British Nationality & Borders Bill has been contentious for many reasons. There were existing clauses relating to removing citizenship without notice and a controversial process of handling refugees seeking asylum in the United Kingdom. These clauses are being heavily debated in Parliament.  

On the other side, there are potential positives as the bill has been in a tug of war in Parliament. Many of the clauses go through scrutiny to ensure fairness and rectify the wrongs of previous British Nationality legislation.

There is potentially good news for many South Africans who can qualify for British Citizenship under the new rules if they a parent and grandparent on the maternal side of their family.

sweeping changes for citizenship by descent

On review of the Romein case, there have been several discriminatory aspects regarding Nationality laws and the passing of citizenship by descent.

The UK Government has included clauses to amend the legislation to remove the historic registration requirement:

  • Registration as a British Citizen due to historical injustice;

  • Discretionary waiver of residence criteria for naturalization; and 

The changes allow for an array of potential claims for citizenship by descent, explicitly speaking to countries like South Africa. There are many South African applicants that current can apply for the UK Ancestry Visa. The introduction of the new laws from 4L could make up to 35% of these South Africans with a UK grandparent eligible for citizenship immediately.

If the clauses pass in the Nationality and Borders Bill pass through the House of Lords, then the following persons might have a claim to British citizenship:

  • Persons born before 1983 with a UK born maternal grandmother;

  • Persons with mothers born as British Subjects, and a UK born paternal grandfather;

  • Persons born between 1983 -1987 with a UK born maternal or paternal grandmother; 

  • If you are a male, born before 1983 and married to a female British Citizen; 

  • If your husband has a UK born mother and he was born before 1983;

  • If your wife has a UK born mother and she was born before 1983;

  • If you have a UK born mother and you were born before 1983; and

  • If your wife was born in the United Kingdom before 1983.

The above criteria do not guarantee citizenship. An additional clause addresses: 

  • the historic inability of mothers and unmarried fathers to transmit British Overseas Territories Citizenship leading to a possible entitlement to full British Citizenship (discussed below).

Children of British Overseas Territory Citizens (BOTC)s

The changes introduced in the 2002 British Overseas Territories Act, those holding BOTC status can register for full British citizenship, including the right to live and work in the UK. 

The changes to the Act did not extend to the children of these citizens, specifically those born outside British territories to unmarried BOTC parents. 

Changes in the Act commit the government to reform the nationality legislation, so children born abroad and outside of marriage to BOTC fathers can inherit the status of their parents, which would also entitle them to register as British citizens.

Hong Kong Visa for British National (Overseas)

The bespoke route to residency in the UK allows those BN(O)s seeking to leave Hong Kong in the wake of China's imposition of national security law. This route rests on the applicant's eligibility for British Nationals (Overseas) status, awarded to the people of Hong Kong when sovereignty passed to China in 1997. 

Effectively, the original wording limited applicants to those born before 1997 unless they applied under their parent's BN(O) status. A bilateral Youth Mobility Scheme allows young Hong Kong citizens aged between 18 and 30 to live, work or study in the United Kingdom for up to 2 years. However, an amendment the BN(O) allows the dependents of BN(O) citizens to apply independently, allowing them to live, work and study in the UK for 5 years putting them on a path towards full British citizenship.

The potential changes are only likely to be brought in Q4 of 2022. However, it would be a great idea to start collecting family documents to be prepared to make an application when the laws are enforced. South Africans and many other nationalities can benefit from the law changes and claim British citizenship by normal descent, marriage, double descent, and possibly even triple descent.

Make an inquiry with Our Plan B, and an expert will quickly determine if you should proceed with an application.