British citizenship by double descent
British citizenship by descent or double descent does not trip off the tongue but it may be a way for you to acquire British citizenship.
In this blog, our Immigration Solicitors look at the criteria for applying for British citizenship by double descent.
UK Online and London-Based Immigration Solicitors
For British citizenship and immigration law advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi
Three ways to get British citizenship
Let's start with the basics. There are 3 ways to get British citizenship:
- By descent
- By application or known as ‘otherwise than by descent’
- Through an adoption
Most people do not give much thought to being British by descent but there are situations where you may not be certain if you could have British citizenship by descent.
What is British citizenship by descent and double descent?
British citizenship by descent or double descent allows people who were not born in the UK to become British citizens based on a parent’s British status or, in some scenarios, a grandparent’s British status.
The law on British citizenship by double descent
The law on British citizenship by double descent is contained in the British Nationality Act 1981.
Generally, you can't claim British citizenship by double descent through your grandparents but there are some exceptions to that rule. You could fall within one of the exceptions depending on when and where you were born.
Can you apply for British citizenship by double descent?
If you were born outside the UK to a parent who is a British citizen then whether they can pass on their British citizenship by descent to you depends on how they acquired their British citizenship. If you are relying on double descent it depends on your grandparents' circumstances.
Double descent also depends on if you were born before or after 1 January 1983.
British citizenship by double descent if you were born after 1st January 1983
If you were born after 1st January 1983, you may meet the eligibility criteria for British citizenship by double descent if any of these criteria apply to you:
- You or your parent were born in a former British colony
- Your mother was British born and registered as a British citizen between 2nd February and 31st December 1982
- Your grandfather was British born and he was in the Crown Service at the time of your parent’s birth
British citizenship by double descent if you were born before 1st January 1983
The double descent rules are different if you were born before 1 January 1983. You can get British citizenship by double descent if:
- You or your parent were registered as a British citizen
- Your parents were married before 1949 and your father was born in the UK
- Your mother’s father was born in the UK but you were born outside the EEA
- A parent was in the Crown Service at the time of your birth
- You or your parent were born in a former British territory (this does not include the main Commonwealth countries of 1949)
Obtaining British Citizenship by double descent
Many people are unaware that they have the option of British citizenship through double descent. You may be one of them if you either had a British parent or grandparent.
To acquire British citizenship by double descent you will need the paperwork to prove your claim. Our British Citizenship Solicitors can help identify the documents you will need in support of your application. These depend on your family circumstances.
Once you have your documents our Immigration Solicitors can apply for British citizenship for you. The application will take a while for Home Office officials to process so it is best to start your enquiries with our British Citizenship Solicitors as soon as you are aware that British citizenship by double descent is an option for you.
British citizenship and double descent
Once you have British citizenship by double descent you are a British citizen and entitled to live and work in the UK free of immigration control and with no requirement for visas.
The major advantage of British citizenship by double descent over a Work Visa is that you do not need to work for an employer with a sponsor licence – you are free to work in a job of your choosing. In addition, you do not have to keep paying to extend your Skilled Worker Visa.
The main advantage of British citizenship by double descent over a Family Visa or Spouse Visa is that whether you are in a relationship or not you can stay in the UK. In addition, there is no minimum income requirement or financial requirement when applying for British citizenship by double descent unlike with applications for Spouse Visas or to extend a Spouse Visa or when applying for indefinite leave to remain based on your time in the UK on a Family Visa.
Getting British citizenship by double descent means you do not need to apply for indefinite leave to remain first. In addition, with indefinite leave to remain, you can only stay out of the UK for up to 2 years without needing a Returning Visa. That isn’t the case with British citizenship by double descent or by descent.
If you do not qualify for British citizenship by double descent
If you do not qualify for British citizenship by double descent then the Ancestry Visa might be an option for you. The Ancestry Visa does not give you British citizenship but you can eventually apply for it once you meet the eligibility criteria.
You may qualify for an Ancestry Visa if:
- You are a Commonwealth citizen over the age of 17
- You have a grandparent who was born in the UK, the Channel Islands, the Isle of Man, on a British registered ship or aircraft, or in the Republic of Ireland before 31 March 1922
- You intend to work for a company or business or operate your own business through self-employment in the UK
- You can support yourself while in the UK
OTS Solicitors can help you with your British citizenship application
OTS Solicitors specialise in UK immigration law and can help you with your British citizenship application by descent or by double descent. If you don’t qualify for British citizenship under either route, we can assess your best visa options so you can come to the UK on a visa and then apply for indefinite leave to remain with a view to applying to become a British citizen once you meet the eligibility criteria.
UK Online and London-Based Immigration Solicitors
For British citizenship and immigration law advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi
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