In this presentation, UK Immigration and British Nationality expert Philip Gamble explores the anomalies surrounding former British protectorates and colonies.
Thanks to the UK’s historical laws and agreements with former territories, you may qualify for British citizenship depending on where you, your parents and grandparents were born.
Go through the presentation to discover if you qualify.
2. What you will find out:
Whether you are British
OR
How to get the answer
3. Introducing Philip Gamble
Former Home Office Executive (in their Immigration and
Nationality Directorate)
Founder and Managing Partner of Philip Gamble & Partners
(since 1992)
24 years of British Nationality law experience
Widely regarded as a world-leading authority on British
Nationality
4. Do I have a claim to British Nationality?
We’ll use three classifications:
No
Unsure
Yes
6. Take
note!
Here is an interesting consequence
in British Nationality Law!
7. Do I have a claim to British Nationality?
Circumstances where you have CERTAIN claim
to British Nationality (a STANDARD ROUTE):
Born in UK before 1 Jan 1983
Yes
British
Nationality
Parent* (mother or father) born in UK
before 1 Jan 1983
Naturalisation (residency) in the UK
Standard
* Must have been married at the time of your birth.
If not, your claim becomes NON-STANDARD.
8. Do I have a claim to British Nationality?
No
Circumstances where you have NO CLAIM to
British Nationality:
× 3rd generation country of birth & nationality
(you, both parents & all 4 grandparents)
UK Visa?
Other Passports?
Except if:
Your mother was previously married
You were adopted
You or parent worked in Rhodesia
9. Do I have a claim to British Nationality?
Unsure
?
Circumstances where you MIGHT have a claim to
British Nationality (a NON STANDARD ROUTE):
Your country of birth is different to that
of either parent or any grandparent
Non Standard British parent or grandparent
Complexity &
needs Research
UK-born Grandparent
Marriage to British National
Previous residence in UK
10. Born outside of UK to British Parent
Not enough to know that parent was “British”.
Must determine HOW they acquired that status
British otherwise than by Descent
Passes Nationality to children
British by Descent
× Does NOT pass Nationality to children
But lots of
exceptions!
11. Citizenship through UK Residence
• Naturalisation after holding Indefinite Leave to Remain (ILR)
5 years Residence
3 years Residence if married to British Citizen
• Rules changing to 8 and 5 years respectively
• Absences from UK permitted (limited to 90 days per annum)
British Nationality after Naturalisation in UK
Can pass British Nationality to children
12. Born in UK
Before 1 Jan 1983
British Nationality
After 1 Jan 1983
British Nationality only if:
• parent held British Nationality
• parent was “Settled” in UK
• under 18 and parent later became “Settled” in UK
• born “Stateless”, or
• resident in UK for 10 years
In all cases, British Nationality after UK birth
Can pass British Nationality to children
13. Parent Born in UK
Before 1 Jan 1983
British Nationality passes to children
Mother OR Father
British Nationality passes to children from
either Mother OR Father born in the UK
before 1983.
Outside ofWedlock
New Legislation (in 2015) ignores issue of illegitimate births
and no longer discriminates on this ground
16. Gender Discrimination
Birth after 1 Jan 1983
Automatic Nationality from either parent
(mother or father)
Birth before 1 Jan 1983
Automatic Nationality from father
Applications for Nationality from mother:
For children under 18 from 7 Feb 1979
For adults from Jun 2003
Alert!
Those registered between 7 Feb 1979 and 1 Jan 1983
can pass British Nationality to children
17. Mother
Born in UK before 1983
Or
British other than by Descent
Children will be British
18. Merlyn Rees
• Former UK Home Secretary
• Speech in UK Parliament on 7 Feb 1979 about new
anti-discrimination rules in 1983
• Registrations accepted from this date and BEFORE
law was changed
Alert!
British Nationality for child of British mothers
registered between 7 Feb 1979 and 1 Jan 1983
Can pass British Nationality to children
19. Grandmother
Born in UK or
British other than by Descent
Parent
Registered at British Consulate
between 7 Feb 1979 and 1 Jan 1983
Parent will be British otherwise than by Descent
Parent can pass British Nationality to children
Alert!
21. Children not yet born
Parent treated as British other than by Descent if:
Already spent 3 years in UK
Give birth in UK
Give birth in country that does not grant
nationality at birth
22. Husband Wife
Living outside of UK
Married
One parent is British by Descent
Where can you give birth for your
child to become British?
Mother travels to country that does not confer
nationality at birth
Alert!
Baby is born “without Nationality” (i.e. Stateless)
Immediate British Nationality
Mother returns home and registers baby for local
Citizenship (and possible Dual Nationality)
23. Children under 18
Parent treated as British other than by Descent if:
Already spent 3 years in UK
Spend 3 years in UK before they turn 18
British parent works for UK-domiciled
Application for British Nationality
before the child turns 18
company
24. Alert!
Child under 18
Grandparent born in UK
British parent works for UK-domiciled
company
25. British parent in long-term service for UK-domiciled
company
Family has close connection to the UK:
• Ancestors from the UK
• Family in the UK
• Property or Assets in the UK
• Regular UK visits
• Child educated in UK or at English-speaking school
Application before child turns 18
At the discretion of Secretary of State
26. Children over 18
Treated as adults for Nationality purposes
These rights (mostly) depend on:
• Status of parents on their date of birth
• Birth date before or after 1 Jan 1983
• Place of birth
27. Marriage to British Citizen
• Women married before 1949
British Nationality
• Women married between 1949 and 1983
Right of Abode
• Current marriages
Spousal Visa
28. Alert!
Paternal Grandfather (father’s father)
born in UK
You born after 1 Jan 1949
29. Married before Mother
Grandfather
Born in UK
Father 1 Jan 1949
Children
Born after 1 Jan 1949
Your mother acquired British Nationality
Alert!
British Nationality could be passed down to her children
31. Children
Born after 1 Jan 1949
Mother
Father
Born in UK
Father
Marriage pre 1949
Previous
Husband
Second Marriage
Alert!
British Nationality passes to children of second marriage!
33. Father-in-law
Born in UK
Married before Wife
1 Jan 1983 Husband
Woman acquires Right of Abode
Next best thing to being British
Alert!
* Woman must be Commonwealth citizen as at 1 Jan 1983.
Excluded South African-born women, except where such women
derived another Commonwealth citizenship from father
34. Current marriages
Living together outside UK
• Spousal Visa available to partner
• There is a financial “Maintenance Requirement”
to be met
• This visa only exists as long as the British
Spouse is living
If British partner is old, unwell or terminally ill, then
apply for Spousal Visa sooner rather than later!
Alert!
35. Strategies to avoid the
“Maintenance Requirement”
1. Partner is eligible to claim British Nationality
Don’t claim nationality now, move to UK first
2. Partner has renounced British Nationality
Move to UK first, then reclaim British Nationality
3. Partner has British Nationality
Renounce nationality, move to UK, then reclaim later
4. Partner has British Nationality
Move to another EU country, then move to UK later
36. Passing British Nationality from
UK-born Grandparent
Crown Service
Former British Territories
Exceptions
37. Alert!
Grandparent born in UK
Grandparent or parent worked for
UK Government
38. Crown Service
Crown Service is meant as working for British Government:
British Military
Overseas Civil Service
Colonial Service
Diplomatic Corp
Born before 1 Jan 1983
UK-born Grandparent with parent in Crown Service
at time of your birth
Born after 1 Jan 1983
UK-born Grandparent was in Crown Service at
time of your parent’s birth
39. Alert!
Grandparent born in UK
You or parent born in former
British Territory
40. You or Parent born
in former British Territory
British Protectorate
British Protected State
UK Trust Territory
UK Mandated Territory
Post 1949 British Colony (*1)
Foreign country where British exercised Extra-
Territorial Jurisdiction (ETJ) over British Subjects
*1 Excludes (Southern) Rhodesia after 1923
UK-born Grandparent gives British Nationality
41. Alert!
Grandparent born in UK
You or parent born in former
British Territory
You born before 1 Jan 1983
42. You born BEFORE 1 Jan 1983
Solution 1
Grandparent born in UK
Parent born in British Territory
Solution 2
Grandparent born in UK
Child born in British Territory
Solution 3
Grandparent born in UK
UK-born Grandparent gives British Nationality
Parent born in Post 1949 British Colony
43. Grandparent
Born in UK
Parent
Born in British Territory*
Applicant
Born between
1 Jan 1949 and 1 Jan 1983
Solution 1
Grandparent born in UK
Parent born in British Territory
British Nationality from birth or descent in
former British Territory
* These include
• British Protectorate
• British Protected State
• UK Mandated Territory
• Foreign Country with ETJ
44. Grandparent
Born in UK
Parent
Applicant
Born in British Territory*
between 1 Jan 1949 and
1 Jan 1983
Solution 2
Grandparent born in UK
Child born in British Territory
British Nationality from birth or descent in
former British Territory
* These include
• British Protectorate
• British Protected State
• UK Mandated Territory
• Foreign Country with ETJ
45. Any Grandparent
Born in UK
Any Parent
Born in Post 1949
British Colony *
Applicant
Born before 1 Jan 1983
Solution 3
Grandparent born in UK
Parent born in Post 1949 British Colony
British Nationality from birth or descent in
former British Territory
* These include:
• Kenya Colony
• Cyprus
• Mauritius
• Seychelles
• St Helena, Gough and
Tristan de Cunha
46. Alert!
Grandparent born in UK
You or parent born in former
British Territory
You born after 1 Jan 1983
47. You born AFTER 1 Jan 1983
Solution 1
Grandparent born in UK
Parent born in Post 1949 British Colony
Solution 2
Grandparent born in UK
Parent born before 1 Jan 1949 in Protectorate,
Protected State or UK Mandated Territory
UK-born Grandparent gives British Nationality
48. Grandparent
Born in UK
Parent
Born in Post 1949
British Colony *
Applicant
Born after 1 Jan 1983
Solution 1
Grandparent born in UK
Parent born in Post 1949 British Colony
* These include:
• Kenya Colony
• Cyprus
• Mauritius
• Seychelles
• St Helena, Gough and Tristan
de Cunha
British Nationality from descent from parent’s
birth in former British Colony
49. Grandparent
Born in UK
Parent
Born in British
Territory* before 1949
Children
Born after 1 Jan 1983
Solution 2
Grandparent born in UK
Parent born before 1 Jan 1949 in
Protectorate, Protected State or UK
Mandated Territory
* These include
• British Protectorate
• British Protected State
• UK Mandated Territory
British Nationality from descent from parent’s
birth in former Protectorate or Protected State
50. Grandparent
Born in UK
Parent
Born in British Territory
Applicant
Grandparent
Born in UK
Parent
Applicant
Born in British Territory
British Nationality depends on Dates and
Places of Birth of parent and/or applicant
51. Loophole for those with PATERNAL GRANDFATHER
(father’s father) born in India before 1949
Grandparent
Born in India before 1949
Parent
Born in Protectorate*
Applicant
Born between
1949 and 1983
Grandparent
Born in India before 1949
Parent
Applicant
Born in Protectorate*
between 1949 and 1983
* Includes Tanganyika, Zanzibar, Kenya Protectorate, Uganda,
Northern Rhodesia and Bechuanaland
52. Alert!
Born in Rhodesia
Born between 2 Mar 1970 and Zimbabwean
Independence on 18 Apr 1980
53. Grandfather
Born in UK
Parent
Applicant
Born in Rhodesia
Between 2 Mar 1970 and
18 Apr 1980
British Nationality for the applicant
Alert!
54. Alert!
Grandparent born in UK
Parent born after 1 Jan 1949
You are born before 1 Jan 1983
55. Grandparent
Born in UK
Parent
Born after 1 Jan 1949
Children
Born before 1 Jan 1983
British Nationality for the applicant
Alert!
56. Alert!
Grandparent born in UK
You born in South Africa
You born between 31 May 1962
and 1 Jan 1983
57. Grandparent
Born in UK
Parent
Applicant
Born in South Africa
Between 31 May 1962
and 1 Jan 1983
British Nationality based on South
Africa’s exit from the Commonwealth
Alert!
58. Alert!
You or parent born outside of Rhodesia
You or parent worked in Federal Rhodesia
(Northern Rhodesia, Nyasaland and
Southern Rhodesia)
59. Federation of Rhodesia &
Nyasaland
You (or parent) born outside Federal Rhodesia
(now Zambia, Malawi and Zimbabwe)
Moved to Federation between 1950 and 1963
To work, had to be Registered as “Federal Citizen”
if not born there.
Alert!
Upon dissolution, those registered became British
if they didn’t become Rhodesian citizens
You (or your parent) became British Citizen on 1 Jan 1983
provided that you did NOT get citizenship of Southern Rhodesia
British Nationality passes to children
61. Irish Nationality
• Parent or grandparent born in:
Republic of Ireland, or
Northern Ireland
Application for Irish Nationality
Alert!
Registration of your foreign birth BEFORE birth of
children conveys Irish Nationality to children
62. Adoption
Adoption In UK
Nationality follows adopted parents
Adoption Outside UK
Nationality follows natural parents
Exceptions can apply
UK Immigration
Visa rights as a minor flow from Adopted parents
63. Exceptions and Anomalies
Included in Parent’s British Passport
You (or parent) was Previously British
Your (or parent’s) birth was Registered
Abandoned or Refused nationality claims
Adoption
Illegitimacy (changes in 2015)
64. 6 Forms of British Nationality
• British Citizen
• British National Overseas (BNO) – Hong Kong
• British Overseas Territories Citizen (BOTC) – Island Territories
• British Protected Person (BPP) – Protectorates & Protected States
• British Overseas Citizen (BOC) – Former Colonies
• British Subject – India & Ireland
Statuses can be upgraded to full British Citizenship in
some circumstances
Alert!
65. British National Overseas (BNO)
• By Birth in (or Descent from) Hong Kong
• Application made before Independence (1997)
• Possible to upgrade to full British Nationality
66. British Overseas Territories Citizen (BOTC)
• Birth in (or “Connected” to) existing British Territories
• Most upgraded to full British Nationality
• Territories include:
St Helena, Tristan du Cunha, Ascension & Gough Islands
British Indian Ocean Territory (Chagos)
Falklands
Gibraltar
67. British Subject
• Status of all British people before 1 Jan 1949
• Birth in British India before 1 Jan 1947
• Birth in Republic of Ireland before 1 Jan 1949
• Birth in Pre-1949 Self-Governing Colonies (Australia,
Canada, New Zealand, Rhodesia and South Africa)
where nationality was NOT gained
• British Subject status extinguished on gaining another
Nationality
68. British Protected Person (BPP)
• Birth in British Protectorate, British Protected State or
UK Mandated Territory
• Descent from male BPP
• BPP status usually extinguished on gaining another
Nationality
• Possible to upgrade to full British Nationality
69. British Overseas Citizen (BOC)
• Birth in place that remained British Colony after 1 Jan 1949
• Descent from male BOC
• BOC status never extinguished on gaining another Nationality
• Possible to upgrade to full British Nationality
70. UK Immigration
Several visas have been scrapped:
× 2 Year Working Holiday Visa for South Africans
& Zimbabweans
× HSMP (Highly skilled)
× Post Study Work Permit
× Sponsorship of elderly parents
Visa options include:
UK Ancestry
Business and Investor
Marriage
Work Permit
71. UK Ancestry Visa
Any grandparent born in UK
Can lead to Naturalisation and British Nationality after
Alert!
Hold Commonwealth nationality
Over 17 years old
Intention to work
6 years residence in UK
No upper limit to Ancestry Visa
Oldest client was 83
72. UK Ancestry Visa
Alert!
Cannot be taken away once granted to you
Can apply for it multiple times
Extensions possible under previous regulations
Apply for Ancestry Visa now
Renew visa every 5 years
73. UK Nationality by Investment
Business Visa
• Investment of £200k
• Creation of 2 new UK jobs
• 6 months residence per year
• ILR granted after 5 years
Investor Visa
• Minimum investment of £2m (up from £1m since Dec 2014)
• Share Investment of active UK companies (not property)
• 6 months residence per year
• ILR granted after 5 yrs (3 yrs if £5m, 2 yrs if £10m)
74. Proving your Nationality
Claim
“Balance of Probabilities”, not “Beyond Reasonable Doubt”
Circumstantial evidence is accepted
Old Photographs and Letters, last Will & Testament, Baptism
Documents, old Passports, signed Affidavits, etc
Home Office approval required first
Lost Documents
Philip Gamble & Partners can assist with
locating documents in:
• UK
• Ireland
• South Africa
• Zimbabwe
75. Submitting your Application
Four key requirements
• Addressed to correct authority
• Signed by applicant as being correct
• Application fee
• Evidence to prove claim
Nationality Application form
• One form covers all Nationality applications
• All complex claims will require explanations, including:
Copies of relevant Nationality Law
Detailed reasoning as to how nationality is gained
76. Do I have a claim to British Nationality?
Yes No
British
Nationality
Application
UK Visa, or
Other Nationalities
77. • Do your own research…
I’m still
not sure
?!
I’m still not sure!
• Ask the British Embassy…
• Ask an expert…
78. Do I have a claim to British Nationality?
4 Step Process designed by Philip Gamble & Partners
Designed to avoid unnecessary application fees
79. STEP 1
Determine what type of claim you have
Born in UK before 1 Jan 1983
Born in UK before 1 Jan 1983
Married Parent (mother or father) born in
Born in UK before 1 Jan 1983
Married Parent (mother or father) born in
× 3rd generation country of birth and
UK before 1 Jan 1983
UK before 1 Jan 1983
nationality Non
(you, parents and
grandparents)
Parent (mother or father) born in UK
Standard
Resident in the UK for qualifying period
before 1 Jan 1983
Resident in the UK for qualifying period
Except if:
You (or a parent) were adopted
Your mother was previously married
You or parent worked in Rhodesia
Child under 18 of a parent who is
Naturalisation through UK residency
Child under 18 of a parent who is
• British Citizen, and
• Spent 3 years in the UK
• British Citizen, and
• Spent 3 years in the UK
Step 2
No
Claim
UK Visa
Other Nationalities
Standard
British
Nationality
Application
80. STEP 2
Complete UK Nationality assessment on
www.WhatPassport.com
British Nationality
Assessment
No Nationality
solutions
Possible UK
Nationality
81. STEP 3
Philip Gamble reviews your Family Tree
British
Passport Review
Possible
(10% - 75%)
Unlikely
(1% - 10%)
Likely
(75% – 99%
Definite
> 99%
None
< 1%
82. STEP 4
Philip Gamble gives definitive answer
Research your Claim
Status Trace
No
Claim
British
Nationality
No Claim
UK Visa
83. Status Trace – what & why?
Research and Report by Nationality Specialist
ONLY way to accurately answer the question
“Am I British?” if claim is Non-Standard
Positive Status Trace is necessary step before
non-standard application for British Nationality
Status Trace used to justify and explain to Home
Office how you qualify
3 months to Aug 2014*:
189 Status Traces written
60% Success Rate
* Accurate as of Sep 2014
84. Standard Route to British Nationality
Born in UK before 1983
Married Parent born in UK pre 1983
Naturalisation through UK residency
Direct Application for Nationality
Philip Gamble & Partners acts on your behalf
Fees apply
85. Non-Standard Route to British Nationality
All other situations have complexity,
and classified as
Likely
Possible
Unlikely
Status Trace = £350
Status Trace (Philip Gamble) = £650
Fast Track (48 hours) = +£300
86. Key Nationality Facts
Major Commonwealth countries on 1 Jan 1949
Australia, Canada, New Zealand, South Africa, Southern Rhodesia,
India, Pakistan and Sri Lanka became Independent Commonwealth
countries on 1 Jan 1949 for British Nationality purposes.
British Colonies
Colonies (in context of this presentation) refers to territories that
remain under full control of the UK after 1 Jan 1949 (this excludes
Southern Rhodesia)
Main forms of Nationality
• Before 1 Jan 1949: British Subject
• Between 1 Jan 1949 and 31 Dec 1982: Citizen of UK & Colonies (CUKC)
• After 1 Jan 1983: British Citizen, British Overseas Citizen
87. British Protectorates, Protected States
& UK Mandated Territories
Aden Protectorates (now part of Yemen)
Ashanti (now part of Ghana)
Bahrain
Bechuanaland (now Botswana)
Brunei
Cyprus
Egypt
Gambia Protectorate (now part of Gambia)
Gilbert Islands (now part of Kiribati)
India
Ionian Islands (now part of Greece)
Iraq
Israel
Jordan
Kamaran (now part of Yemen)
Kenya Protectorate
Kiribati
Kuwait
Malay States (now part of Malaysia)
Maldives
Nigeria Protectorates (now part of Nigeria)
North Borneo and Labuan (now part of Malaysia)
Northern Cameroon (now part of Nigeria)
Northern Rhodesia (now part of Zambia)
Northern Somaliland (now part of Somalia)
Northern Territories Protectorate (now part of
Ghana)
Nyasaland (now Malawi)
Palestine
Qatar
Sarawak (now part of Malaysia)
Sierra Leone Protectorate
Solomon Islands
Southern Cameroon (now Cameroon)
Swaziland
Tanganyika (now Tanzania)
Togoland (now part of Ghana)
Tonga
Transvaal (now part of South Africa)
Tuvalu
Uganda
United Arab Emirates
Zanzibar (now part of Tanzania)
88. Foreign Countries with Extra-Territorial
Jurisdiction (ETJ)
Aegean Islands (now part of Greece)
Albania
Algeria
Bougainville (part of Papua New Guinea)
Buka (part of Papua New Guinea)
Bulgaria
China
Crete (now part of Greece)
Dodecanese Islands (now part of Greece)
Egypt
Epirus (now part of Greece)
Ethiopia
Iran
Iraq
Japan
Kamaran (now part of Yemen)
Lebanon
Libya
Macedonia (now part of Greece)
Morocco
Muscat and Oman (now Oman)
Namibia
Nauru
New Guinea (now part of Papua New Guinea)
North Korea
Oman
Palestine
Qatar
Rhodesia (now Zimbabwe)
Romania
Samoa
South Africa
Saudi Arabia
South Korea
Syria
Thailand
Thessaly (now part of Greece)
Tonga
Tunisia
Turkey
Vanuatu
WeiHaiWei (now part of China)
Western Thrace (now part of Greece)
89. UK & Colonies (from 1 Jan 1949)
Aden Colony
Anguilla
Antigua and Barbuda
Ashanti (now part of Ghana)
Bahamas
Barbados
Basutoland (now Lesotho)
Bermuda
British Antarctic Territory
British Guiana (now Guyana)
British Honduras (now Belize)
British Indian Ocean Territory (Chagos)
British Virgin Islands
Cayman Islands
Christmas Island (now part of Australia)
Cocos and Keeling Islands (now part of Australia)
Cyprus
Dominica
Falkland Islands
Fiji
Gambia Colony (Banjul and Kombo St Mary)
Gibralter
Gilbert Islands (now part of Kiribati)
Gold Coast Colony (now part of Ghana)
Grenada
Hong Kong
Jamaica
Kenya Colony (now part of Kenya)
Kuria Muria Islands (now part of Yemen)
Line Islands (now part of Kiribati)
Malta
Mauritius
Montserrat
Nigerian Colony (now part of Nigeria)
North Borneo and Labuan (now part of Malaysia)
Penang and Malacca (now part of Malaysia)
Perim Islands (now part of Yemen)
Phoenix Islands (now part of Kiribati)
Pitcairn Islands
Rotuma (now part of Fiji)
Sarawak (now part of Malaysia)
Seychelles
Sierra Leone Colony
Singapore
South Georgia and South Sandwich Islands
St Christopher St Kitts and Nevis
St Helena Ascension Gough and Tristan da Cunha
St Lucia
St Vincent and the Grenadines
Trinidad and Tobago
Turks and Caicos
Tuvalu
90. British Dependencies (from 1 Jan 1983)
Akrotiri and Dhekelia UK Cyprus Military Bases
Anguilla
Bermuda
British Antarctic Territory
British Indian Ocean Territory-Chagos
British Virgin Islands
Cayman Islands
Falkland Islands
Gibralter
Hong Kong (up to 30 Jun 1997)
Montserrat
Pitcairn Islands
South Georgia and South Sandwich Islands
St Christopher St Kitts and Nevis
St Helena Ascension Gough and Tristan da Cunha
Turks and Caicos
91. What are your next steps?
FREE online Nationality Assessment
FREE British Passport Review
Email or call our team of specialists to
start the Status Trace process
92. Philip Gamble & Partners
info@philipgamble.co.uk
Cape Town: 27 (0)21 657 2180
London: 44 (0) 20 7759 7581
facebook.com/philipgamblepartners
www.whatpassport.com
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