1. British Nationality
Presented by Mr Philip Gamble

2. Format of Presentation
• Introduction
• Definite claims
• No Claims
• British Nationality
• UK Visas
• How to find answers

3. Do I have a claim to British Nationality?
Three classifications:
No British Nationality claim
Unsure and need more answers
British Nationality claim

4. Do I have a claim to British Nationality?
Circumstances where you have CERTAIN claim to British
Nationality:
Yes,
I do  Born in UK before 01.01.1983
 Parent (mother or father) born in UK
before 01.01.1983
 Parent (mother or father) naturalised in UK
British before your birth
Nationality
Application

5. Do I have a claim to British Nationality?
Circumstances where you have NO CLAIM to British
Nationality:
No, I
don’t
× 3rd generation country of birth and
nationality (you, parents and
grandparents)
UK Visa
Other Nationalities

6. Do I have a claim to British Nationality?
I’m not Circumstances where you have POSSIBLE claim to
British Nationality:
sure
 Your country of birth is different to that of
?
parent, grandparent or child
 Woman or mother married to British husband
 British parent or grandparent
 Parent or grandparent born in British Territory
Complexity
 You or parent Registered at British Consulate
Needs Research
 You or parent spent 2+ years in UK

7. Some former British Territories
In Africa Rest of world
 Transvaal (South Africa)  Mauritius
 Swaziland  Seychelles
 Basutoland (Lesotho)  British India
 South West Africa (Namibia)  Ceylon
 Bechuanaland (Botswana)  Malaysia
 Nyasaland (Malawi)  Hong Kong
 Northern Rhodesia (Zambia)  Singapore
 Southern Rhodesia (Zimbabwe)  Jamaica
 Egypt  Trinidad
 Tanganyika (Tanzania)  Canada
 Kenya  Australia
 Uganda  New Zealand
 Zanzibar (Tanzania)

8. Do I have a claim to British Nationality?
I’m not
sure
Yes, I No, I
?
qualify don’t
British
UK Visa
Nationality How do I find out?
Other Nationalities
Application

9. What you will learn
 Whether you are British
OR
 How to get definitive answer

10. Introducing Philip Gamble
 Former Home Office Executive (in their Nationality Directorate)
 Founder and Managing Partner of Philip Gamble & Partners
 22 years of British Nationality law experience
 Widely regarded as world’s leading authority on British Nationality
www.philipgamble.co.uk
www.whatpassport.com

11. Paternal Great Here is typical client enquiry
Grandparent
How do we handle complexity?
Born in Kenya Colony
We perform STATUS TRACE to
Paternal answer enquiry
Grandparent
Born in Northern
Rhodesia  Client is British Overseas
Citizen (BOC)
Father
Born in  Ability to upgrade to full
Northern Rhodesia British Nationality
Client
Born in Swaziland
after 1972

12. British Nationality
• British Citizenship
• Gender Discrimination
• Residence in UK
• Born in UK
• Born Overseas to British Parent
• Marriages
• UK-born Grandparent
• Parent born in British Territory
• Federation of Rhodesia and Nyasaland
• Loopholes, Exceptions and Anomalies

13. British Citizenship
British By Descent But lots of
exceptions!
• Born outside of UK to British parent
× Does NOT pass Nationality to children
British otherwise than by Descent
• All other situations
 Passes Nationality to children

14. Gender Discrimination
• Male Line Descent before 01.01.1983
• Woman now have same rights (exceptions
relate to old Nationality Law)
• Mothers do not need to be born in UK
 Woman can pass British Nationality to children
 Those born to British mothers before 01.01.1983
can now apply for British Citizenship

15. Mother
Born in UK before 1983
or British otherwise than by Descent
Children
 Children will be British

16. Mervyn Rees
• Former UK Home Secretary
• Speech in UK Parliament on 07.02.1979 about new
anti-discrimination rules in 1983
Here’s a
• Registrations accepted from this date and BEFORE loophole!
law was changed
 British Nationality for children of British mothers
registered between 07.02.1979 and 01.01.1983
 Can pass British Nationality to children

17. Mother
Born in UK before 1983
or British otherwise than by Descent
Children
Registered at British Consulate Here’s the
between 07.02.1979 and 01.01.1983 loophole!
 Children will be British otherwise than by Descent
 Children can pass British Nationality to their children

18. 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 pa)
 British Nationality after Naturalisation in UK
 Can pass British Nationality to children

19. Born in UK
Before 01.01.1983
 British Nationality
After 01.01.1983
 British Nationality only if:
• parent was “Settled” in UK
• under 18 and parent later became “Settled” in UK
• born “Stateless”
• resident in UK for 10 years
 In all cases, British Nationality after UK birth
 Can pass British Nationality to children

20. Born Overseas to British Parent
If parent was born in UK before 01.01.1983
 British by Descent
In all other cases:
If parent was “British Otherwise Than by Descent”
 British by Descent But lots of
exceptions!
If parent was “British by Descent”
× Does NOT pass Nationality to children
It is not enough to know that parent was “British”
You must ascertain HOW they acquired that status

21. Born Overseas to British Parent
In circumstances where:
• Parent is British by Descent Here’s a
loophole!
• Child is under 18
British Nationality can be passed down to child if:
 parent spent 2.5 years in UK in past
 parent SUBSEQUENTLY spends 2.5 years in UK
as long as child is still under 18

22. UK-born
Grandparent
Parent
Born Overseas
British by Descent
Children Here’s the
Not yet 18 loophole!
Child will be British if:
 Parent spent 2.5 years in UK in past
 Parent spends 2.5 years in future as long as
child is still under 18 at time.

23. Nationality by Design
• Couple wanting to have children
• One of parents is British by Descent
• Before birth, move to country where NO
Descent by Birth
Here’s a
loophole!
Child becomes British at birth

24. Husband Married Wife
 Living overseas
 One is British by Descent
Where can you give birth for Here’s a
your baby to become British? loophole!
 Mother travels to country that does not confer
nationality at birth
 Baby is born “without Nationality”
 Immediate British Nationality by Descent
 Mother returns home and registers baby for local
Citizenship (and Dual Nationality)

25. British by Descent
How to pass British Nationality to your children?
• Not yet born
 Spend 3 years in UK
 Have children while in UK
 Ensure they are born “without Nationality”
in country with no Nationality at Birth
• Already born
 Spend 3 years in UK before they turn 18

26. Marriages
• Marriage before 1949
• Rights kept from previous husband
• Right of Abode (1949-1983)
• Marriage Visas

27. Marriage before 1949
 Commonwealth woman married before
01.01.1949
 Married to man who:
• was born in UK
• had parent born in UK or
Here’s a
• was British Citizen
loophole!
 Children born after 01.01.1949 are British
 Your mother acquired British Nationality
 British Nationality passed down to children
born after marriage

28. Grandparent
Born in UK
Mother
Father Married before Commonwealth
British 01.01.1949 citizen as of
31.12.1948
Children Here’s the
Born after 01.01.1949 loophole!
 Your mother acquired British Nationality
 British Nationality could be passed down to her children

29. Rights from Previous Husband
• Commonwealth woman married before 01.01.1949 to
British husband
• Woman takes on British Nationality
Here’s a
• Divorced or widowed loophole!
• Remarries and has children
 Mother acquired British Nationality from first marriage
 British Nationality passes to children of second marriage

30. Mother’s Previous
Husband Marriage pre 1949 Mother
British Commonwealth
Citizen in 1949
(by birth or
Father Second Marriage descent)
Children
Born after Here’s a
01.01.1949 loophole!
 Woman acquired British Nationality from first marriage
 British Nationality passes to children of second marriage

31. Right of Abode (1949-1983)
Commonwealth woman (by birth or descent) married between
01.01.1949 and 31.12.1982
Married to man who:
• was born in UK
• had parent born in UK or
• was British Citizen
 Woman acquires Right of Abode Here’s a
 Next best thing to being British loophole!
Commonwealth citizens excluded South African women, except where
such women derived Commonwealth citizenship from parent

32. Married to British Citizen
Living together in UK
 5 years for Indefinite Leave to Remain (ILR)
Living together overseas
 UK Marriage visa granted if “intent to immigrate
to UK” and financial requirements are met
 UK Marriage Visa is granted for 5 years (2 x 2.5
years)

33. Marriage Visa
Living together overseas Here’s a
loophole!
If spouse dies, all rights are lost
 Apply for UK Marriage Visa with “intention to live
in UK”, even though you continue to live overseas
 If spouse dies, UK Marriage Visa converts to
Indefinite Leave to Remain (ILR)
 Renew every 2.5 years to keep ILR status
 If British Spouse is terminally ill or very old, then
get Marriage Visa NOW

34. Crown Service
Crown Service is meant as working for British Government:
 British Military
 Overseas Civil Service
 Colonial Service
 Diplomatic Corp
Born before 01.01.1983
 UK-born Grandfather with parent in Crown Service
at time of your birth
Born after 01.01.1983
 UK-born Grandfather was in Crown Service at time
of your parent’s birth

35. Parent born in British Territory
• Born before 01.01.1983
• You or parent born in:
 British Protectorate
 British Protected State
 UK Trust Territory
 UK Mandated Territory
 UK Colony
 Foreign country where British exercised Jurisdiction
over British Subjects
 UK-born Grandparent gives British Nationality

36. Grandparent Grandparent
Born in UK Born in UK
Parent
Born in British Territory Parent
Children Children
Born between 1949 Born in British Territory
& 1983 between 1949 & 1983
 British Nationality from birth in British Territory

37. Federation of Rhodesia and
Nyasaland
 You (or parent) born outside Federal Rhodesia
(now Zambia, Malawi and Zimbabwe)
 Worked in Federation between 1950 and 1963
To work, you (or your parent) had to be Registered as Here’s a
“Federal Citizen” if you (or your parent) weren’t born loophole!
there.
 You (or your parent) became British Citizen on 01.01.1983
provided that you did NOT get citizenship of Southern Rhodesia
 British Nationality passes to children

38. You or Parent
Here’s the
Born in South Africa
loophole!
Worked in Rhodesia  You (or your parent) became British Citizen on
Federation and 01.01.1983 provided that you did NOT get
citizenship of Southern Rhodesia
Registered as
Federal Citizen  British Nationality passes to children
5 years work or UK born Commonwealth
study in UK pre OR Grandparent OR woman married
1983 to British man

39. Irish Nationality
• Parent or grandparent born in:
 Republic of Ireland
 Northern Ireland
• Registration of your foreign birth BEFORE
birth of children conveys Irish Nationality to
children
 Irish Nationality is granted

40. Exceptions and Anomalies
 Adoption
 Included in Parent’s British Passport
 You (or parent) were previously British
 Your (or parent’s) birth was Registered
 Abandoned or refused claims

41. Other Forms of British Nationality
• British National Overseas (BNO)
• British Overseas Territories Citizen (BOTC)
• British Subject
• British Protected Person (BPP)
• British Overseas Citizen (BOC)

42. British National Overseas (BNO)
• By Birth in (or Descent from) Hong Kong
• Application made before Independence (1997)

43. 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

44. British Subject
• Status of all British people before 01.01.1949
• Birth in British India before 01.01.1947
• Birth in Republic of Ireland before 01.01.1949
• 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

45. 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

46. British Overseas Citizen (BOC)
• Birth in place that remained British Colony after 01.01.1949
• Descent from male BOC
• BOC status never extinguished on gaining another Nationality

47. UK Immigration
• Several visas have been scrapped:
× 2 Year Working Holiday Visa for South Africans
× HSMP (Highly skilled)
× Post Study Work Permit
× Sponsorship of elderly parents
• UK Ancestry Visa
• Business and Investor Visas

48. UK Ancestry Visa
• Any grandparent born in UK
• Hold Commonwealth passport (including Australia, Canada,
New Zealand and South Africa)
• Over 17 years old
• Can lead to Naturalisation and British Nationality after 6
years residence in UK

49. Ancestry Visa
• Visa in danger of being scrapped
• “Reasonable Expectation” means that it:
Here’s a
cannot be scrapped once granted to you, and loophole!
extensions possible under previous regulations
 Apply for Ancestry Visa now
 “Intend to live and work” in UK, even though you
can return home after issue
 Renew visa every 5 years

50. Business and Investor Visas
Business Visa
• Investment of £200k
• Creation of 2 new UK jobs
• 6 months residence in each year requirement
• ILR granted after 5 years
Investor Visa
• Minimum investment of £1m
• Investment made in shares of active UK
companies (not property)
• 6 months residence in each year requirement
• ILR granted after 5 yrs (3 yrs if £5m, 2 yrs if £10m)

51. Proving your Claim
Lost Documents
• www.FreeBMD.org.uk for England and Wales
• General Register Office in Scotland
• Department of Home Affairs in Pretoria
Balance of Probabilities
• Circumstantial evidence is accepted
 Old Photographs and Letters
 Will & Testament
 Baptism Document or old Passports
 Signed Affidavit

52. 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
• Birth, Descent and Naturalisation are straight-forward
• All other claims will require explanations, including:
 Copies of relevant Nationality Law
 Detailed reasoning as to how nationality is gained

53. Summary
If you, parent or grandparent was at any time…
 British Subject, British Citizen, BPP, BOC or Stateless
 born in UK
 born in country that was under British influence, or
 born in country that was different to your own Country of Birth
… it is possible that British Nationality rights can be claimed or passed
down to further generations.

54. Do I have a claim to British Nationality?
Yes, I No, I
qualify don’t
British
UK Visa
Nationality
Other Nationalities
Application

55. I’m still not sure!
I’m still
not sure
• Do your own research…
• Ask the British Embassy…
• Ask an expert… ?!

56. STEP 1: Complete FREE UK Nationality
assessment on www.WhatPassport.com
Free
I’m still not sure British Nationality
Assessment
Possible UK No Nationality
Nationality solutions

57. STEP 2 : Philip Gamble reviews your case
I’m still
not sure
British Passport Review
£30
British
STEP 1 Nationality
Assessment
Likely Possible Unlikely

58. STEP 3: Get an answer from Philip Gamble
I’m still Status Trace
not sure
£240
British
STEP 1 Nationality
Assessment
British
STEP 2 Passport Nationality No
UK Visa
Review Claim Claim

59. Do I have British
Nationality claim?
British Nationality
I’m still not sure
Assessment
Nationality
British Passport
Solutions
Review
Status Trace
Possible
British UK Visa No Nationality
Nationality Solutions

60. Philip Gamble & Co Services
British Nationality and UK Visa applications
• Act as your agent
• Fees vary
Confirmation of UK Nationality claims
• UK Status Trace - £240
• UK Status Trace (Philip Gamble) - £420
• Nationality by Design - £750
info@philipgamble.co.uk
Ph: 44 (0)20 8688 4618
www.whatpassport.com

61. A final word…
• If you want good tax advice, don’t ask the tax man
• If you want good British Nationality advice, don’t ask
the British Embassy!
We hope you enjoyed this presentation!