Am I entitled to a British Passport?

[andykoz]

Hi,

I am a South African born in 1995. My grandfather was born in Poland but became a naturalised British citizen. My grandmother was born and raised in London. She moved to South Africa in her adult life and has since returned to the UK. Whilst in South Africa she gave birth to my father in 1967 and registered him within the first year of his birth with the British Consulate. My father has since spent more than 5 years in the UK and currently resides within the EU. I am currently in the final year of an engineering degree and have realised my prospects are far better in the UK. I am aware that I am entitled to an Ancestry Visa but would far rather obtain a British Passport if possible.

I am confused however as to whether my father is considered as a naturalised citizen or born British. I currently do not have the funds to enquire through an agency and if eligible will have to do my passport application directly through the UK Home Office.

Would anyone be kind enough to advise as to whether my father is considered British by birth and if not what my best route of action would be? Many thanks.

[Richard W]

Would anyone be kind enough to advise as to whether my father is considered British by birth and if not what my best route of action would be?

Unless your grandfather was working on Crown Service when your father was born, your father is only British by descent.

[secret.simon]

I am confused however as to whether my father is considered as a naturalised citizen or born British.

Your father was a British citizen by descent (Section 14(1)(b)(ii) of the British Nationality Act 1981, also see Section 5 of the British Nationality Act 1948) and hence unable to transmit his British citizenship to you.

The registration of your father's birth at the British consulate/embassy is not the same as the registration of a minor (since 1983) or Commonwealth citizen (before 1983), which is also the term for the grant of citizenship to the person.

The registration of your father at the British embassy/consulate was an administrative formality to let the UK authorities know that he is a British citizen resident in South Africa.

If you had moved with your father to the UK before you were 15 and both of you had spent three continuous years in the UK, you could have been registered as a British citizen under Section 3(5) of the BNA 1981. But that would only have been possible while you were a minor.

You now have two options;
a) UK Ancestry visa as you have mentioned.
b) You mentioned that your father resides in the EU (presumably outside the UK). You could persuade him to undergo the Surinder Singh route with you.

[andykoz]

I am confused however as to whether my father is considered as a naturalised citizen or born British.

Your father was a British citizen by descent (Section 14(1)(b)(ii) of the British Nationality Act 1981, also see Section 5 of the British Nationality Act 1948) and hence unable to transmit his British citizenship to you.

The registration of your father's birth at the British consulate/embassy is not the same as the registration of a minor (since 1983) or Commonwealth citizen (before 1983), which is also the term for the grant of citizenship to the person.

The registration of your father at the British embassy/consulate was an administrative formality to let the UK authorities know that he is a British citizen resident in South Africa.

If you had moved with your father to the UK before you were 15 and both of you had spent three continuous years in the UK, you could have been registered as a British citizen under Section 3(5) of the BNA 1981. But that would only have been possible while you were a minor.

You now have two options;
a) UK Ancestry visa as you have mentioned.
b) You mentioned that your father resides in the EU (presumably outside the UK). You could persuade him to undergo the Surinder Singh route with you.

I was dreading that answer . Thank you for your in-depth reply, I will investigate the Surinder Singh route. Kind regards.