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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7405
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi there, I have a question regarding obtaining British

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Hi there, I have a question regarding obtaining British citizenship. My husband was born to a British father and a German mother in Germany. He is a Canadian citizen. His father was born in India to British parents and holds a valid British passport. Is my husband eligible to obtain British citizenship through his father? And if so, how do we go about it? Thank you. Joanna


Has your husband ever had a period of residence in the united kingdom

Customer: replied 3 years ago.


Customer: replied 3 years ago.

No, he hasn't, Tom.


Do you know why his parents were in the India at the time of his birth please?

Customer: replied 3 years ago.

Because his grandfather was sent there by his company for work. In total, my father in law lived in India until the age of 18 with an exception of summers which he spent in England and two years in Switzerland for school.

Hi Joanna,

Okay. What is the reason for seeking UK citizenship?

Is it to come here, work and ultimately settle here with you?

Customer: replied 3 years ago.

We have no immediate plans to move from Canada, however, I have a dual citizenship (Polish-Canadian) and eventually (within the next 10years), we would like to move and work in the UK or somewhere else in Europe with hopes to settle down there permanently.


Were either of your husband's grandparents British??
Customer: replied 3 years ago.

Yes, both of them on his father's side.



Thanks for your patience.

I’m afraid that your husband is not eligible for UK citizenship. If his father was born outside the UK and was not in crown service then his father is a “UK citizen by descent”. This means that he could not pass his citizenship on to such of his children that were born outside the UK.

Because your husband was not born in the UK he does not automatically qualify for UK citizenship.

The only way that he could have registered as a UK citizen would have been when he was a minor and so registered by his parents because they had at some point before your husband was born been resident in the UK for a period of three years. Obviously, your husband is an adult now so this is not possible.

If he wished to come to the UK and work with you then he would have to do so on the basis of a family permit under the EEA rules because of your policy citizenship:-
This would probably be the easiest.

The Alternative for him would be an ancestry visa, which is a bit more complicated but he could get this even if you were not coming with him:-

I am sorry that I could not have better news for you.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,

Thomas, Solicitor
Satisfied Customers: 7405
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you.

You're welcome

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