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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6308
Experience:  BA (Hons), PgDip, Practising Solicitor
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Information and Query 1. My late maternal grand-father

Resolved Question:

Information and Query

1. My late maternal grand-father was a British Citizen (1954) and was holding British Passport and on the basis of his British Citizenship, my mother got British Passport from British Consulate in India (1977) and four years ago (2008) she arrived in London , and started working there and settled down in London .

2. On the basis of my mother’s British Citizenship, my father got “Joining to Spouse” British Visa and joined to my mother a couple of months ago and they are living together in London.

3. I understand that British visas are issued to children of British Citizens if the children are born before 1983, and I borned in1979 in India and now staying with husband in Singapore

4. Under the above circumstances, based on my own assessment, I think I qualify for British Citizenship.

5. I shall feel highly if you could kindly let me know the procedures to be followed in applying for British Visa/Passport/Citizenship.


* * *
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
1. Where was your mother born please
Kind regards.
Tom
Customer: replied 2 years ago.

Hi Mr Tom

 

my mother Born in kackottumoola INDIA

 

 

Expert:  Thomas replied 2 years ago.
Ok.

Where was your father born/ please?

Tom
Customer: replied 2 years ago.

Hi Tom

 

My Father Born in INDIA

Customer: replied 2 years ago.
Hi Mr Tom you there?
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your reply.

I’m afraid that you do not qualify for UK citizenship under the rule you refer to.

The rule is in place to afford children born before 1983 outside the UK to a british (by birth) mother to apply for UK citizenship. This is because before 1983 only British father’s could pass on their UK citizenship, mother couldn’t. The rules were amended and this is the rule you refer to:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/registration/britishmother/

You will see from the above link that a person is only eligible to apply under this rule if “..you would have become a citizen of the United Kingdom and Colonies by descent if women had been able to pass this citizenship on to their children in the same way as men at the time of your birth;”.

The reason you do not qualify is that your mother is herself British by descent because she was born outside the UK. Citizenship can only descend from one generation. In your mother’s case it descended from her father to her,, thuse she is British by Descent. Being British by descent means that your citizenship cannot descend again to any children born outside the UK. So, even if it would have been your father who was British he would not have been able to pass his UK citizenship to you if you born outside the UK because of the fact he was British by descent. Therefore you do not meet this criteria.

However, if you are a commonwealth citizen (eg. India) and you can prove that one of your grandparents were born in the UK then you can apply for an Ancestry visa to come and work here and then apply to naturalise after 5years:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/uk-ancestry/#

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.


Kind regards,


Tom
Customer: replied 2 years ago.

Hi Tom

 

my Grandparent hold british passport

Expert:  Thomas replied 2 years ago.
Yes, therefore you can apply for an Ancestry working visa if you yourself hold an INdian passport.

You will see the link to the page which explains how you can do this.

You can naturlise as a UK citizen once you have been here on the visa for 5 years and having first applied for/obtained Indefinite Leave To Remain.

Trust this clarifies, please click accept.

Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6308
Experience: BA (Hons), PgDip, Practising Solicitor
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