Passport Query

[jaynethepain]

My nephew has just turned 40. Born in South Africa to british parents and lived there un till he was 9 months old then returning with his mum to the UK until he was 21 ish. So went through school here, university here and worked here.

Left UK to live with father in South Africa, married a South African and has two boys aged 1 & 6. He's lived in South Africa for around 20 years do has a british passport. Nephew wants the boys to have a british passport. Whats the chances?

[boxtops]

I don't think so - they weren't born in the UK.

[boxtops]

It looks as if they could only apply for a British passport on the grounds of their father's nationality, if they were stateless (if I read this correctly) https://www.gov.uk/types-of-british-nationality/british-overseas-citizen

[jaynethepain]

Thanks box tops, the passport site is a bit difficult to get round. It would seem to me that as both parents were born in SA, the children cannot have a british passport.

[Linotype]

Hi there: If the father is British (and currently holds a Brit passport) I can't see any reason why his kiddies can't hold British citizenship as well. I will admit it's a minefield but reckon he has a good case ... South Africa house in London, off Trafalgar Square would be a good place to start asking questions. I currently live in Cape Town, have dual citizenship and about 9 months ago came through passport control in Johannesburg to a fresh set of rules and red tape ... meaning the goalposts shift all the time! Good luck with your endeavours ...

[jno]

SA cricketers seem to qualify to play for England all the time on the basis of a parent born here.

[jno]

You may be able to apply for your child (under 18 years of age) to be registered as a British citizen, for example if you’re a British citizen but your child was born or adopted outside the UK.

The application must be received when your child is under 18.

https://www.gov.uk/register-british-citizen/children-born-outside-uk

[Peter Pedant]

well OK- this is clearly an issue for the British Authorities, so I am not sure if the best answer - try South Africa house, Trafalgar sq really is that good.

Basically it is the jus soli ( law of the land ) that governs nationality rather than jus gentium ( law of the people ). The children should have been registered at birth with the British High Commission in SA. I cant imagine a Brit ex-pat didnt tell him at the time.....

The current Act is the Nationality Act 1981 and is here:
http://en.wikipedia.org/wiki/British_Nationality_Act_1981

At one time I was looking at this for ( actually unbelievably ) a South African relative, He didnt have British nationality himself, but somewhere ( unless it has been repealed) there is a "grandfather clause" which allows the grandchildren to claim a british passport BUT they are then NOT able to give/pass on nationality rights to THEIR children ( the gt grandchildren ).

Having done your reading I think you are going to have to take legal advice ( and pay for it ) and you can thank yourself that at least you are not trying to sort out relatives from India under the British Raj ( those rules are terribly confusing )

[Peter Pedant]

.

this one is better:
http://en.wikipedia.org/wiki/British_nationality_law

see British citizen by descent

and yes the 1981 Act has been improved by various successor goverments

[jno]

here's the official questionnaire

https://www.gov.uk/check-british-citizen

Looks like the children are automatically British citizens by descent, which should entitle them to a passport

[kloofnek]

I ,too ,was born in South Africa and had a hell of a job getting a British passport which I was getting through my father being British...got it in the end..but as Lino says,"goalposts shift all the time"

Just persevere....