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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My grandparents were born in the UK and were both British Citizens.

Customer Question

My grandparents were born in the UK and were both British Citizens. My father was born in France whilst my grandparents were working there at the time for a charitable organisation. My father was registered as a British citizen with the British Consulate in Paris. After my father's birth, the family returned to the UK and remained there until they migrated to Australia. I was born in Australia and would like to understand if I have a claim to British Citizenship.
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi

Where and when was your mother born please?

Tom
Customer: replied 1 year ago.

My mother was born in Australia in 1954

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

I’m afraid that you are not entitled to UK citizenship. This is because only your granparents were British by Birth (ie. had “citizenship otherwise than by descent”).

This is because UK citizenship is only permitted to descend one generation to children born outside the UK. So, your father was able to register as a UK citizen because your grandparent’s citizenship was permitted to descend once to them. Your father then held “UK citizenship by descent”, which means that it does not automatically descend to you and if you do not have a period of residence in the UK then you cannot register as a UK citizen.

However, if you are Australian and your grandparents were British then you appear to be eligible for an ancestry visa if you wished to come here to work:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/uk-ancestry/


You would be able to apply for indefinite leave to remain after 5 years on this visa and naturalise as a UK citizen 12 months after that if you meet the criteria on the following page:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/standardrequirements/

Sorry it could not be better news,

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Kind regards,


Tom
Customer: replied 1 year ago.

Ok, so if my father is not British by birth, than what is his nationality by birth? He cannot claim French nationality given he does not have French bloodline etc, which would effectively make him stateless?

Expert:  Thomas replied 1 year ago.
Hi,

"by Birth" is a bit of a misnomer really. I use the term because it's what most people understand.

He is automatically entitled to British citizenship (ie. citizenship by descent". This makes him a British citizen, which means that he cannot be stateless.

He has the same rights as all other UK citizens except in one respect - that he cannot pass his citizenship on automatically to his children that are born outside the UK.

Please remember to rate my answer.

Kind regards,

Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6375
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Law Specialists are ready to help you
Expert:  Thomas replied 1 year ago.
Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on your position. Please remember to rate my answer, if you are satisfied.

Kind regards,


Tom
Customer: replied 1 year ago.

Hi Thomas

I rated your service, so should all be fine. Whilst I've got you, do you
know of a European visa I can get, seen as my father was born in Europe and
is therefore an EU citizen by birth.

Expert:  Thomas replied 1 year ago.
Hi,

You will have to refer to the country in which your father was born and see whether you are entitled under that country's nationality laws to become a citizen of that country.

If you are able to get an EEA member state national passport then you can travel freely witihin the EEA,

Tom

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