On Ancestry Visa, married to UK national (ILR issue)

[kross]

Hi there

I am currently in the UK on an Ancestry Visa (valid till 2012) but am now married to a UK citizen. I believed I was eligible for citizenship as I fulfilled all the requirements listed here:
http://www.ukba.homeoffice.gov.uk/briti ... ofcitizen/
(Well at least in Nov when when I have been residing in the country 3 years)
I started to prepare for the application, purchasing the Life in UK study guides etc but after phoning the UKBA on another matter, was told that I needed ILR before applying for citizenship.
The problem is I am on an Ancestry visa even though I could theoretically be on Spouse or Unmarried partner visa. My spouse and I were living together before we even moved to the UK (at that stage unmarried). Now it seems I have to wait just over 2 years to reach the 5 year point on my Ancestry visa to get ILR... If I changed my immigration status to be on a Spouse visa, I'd need to wait 2 years after that.

It just seems all so silly to me as I thought I had all the citizenship eligibility requirements. Is there any way to get an ILR through being a spouse of a UK citizen even though I'm on an Ancestry visa now? (having lived in the UK longer than 2 years)

I hope this all makes sense - I've been finding the whole process so confusing. Thanks for any help.

[kross]

I forgot to mention my mother has recently got her British passport as her father was British even though she currently doesn't live in the UK - not sure if that helps my case at all?

[Obie]

I suspect you can register as a British, based on the information you have provided, your mum seems to be a British at the time of your birth, albeit by descent.

Have a look at This information and see if you can answer yes to the requirements. If you can, which i am sure you will, you will be able to register as British.

[kross]

Hi Obie

Thanks so much for the advice - I have looked at the link and am still a little confused...

Yes - have been born after 7 February 1961 but before 1 January 1983; and
?? - have been born to a mother who was a citizen of the United Kingdom and Colonies at the time of your birth and you would have been a citizen of the United Kingdom and Colonies by descent if it had been possible for women to pass this citizenship on to their children in the same way as men; - My mom only got her passport recently as her dad was British so does this mean she was a citizen at time of my birth? Or only recently when she got her passport? But why is this a requirement when on the application screen it tells you what documents to send if your mom was not a citizen at the time of your birth but one of her parents was?
?? - had you been a citizen of the United Kingdom and Colonies you would have had the right of abode in the United Kingdom and have become a British citizen on 1 January 1983; and
Yes - you are of good character.
The sub-points of good character I don't understand either

Second requirement

?? - you were born in a Commonwealth country whose citizenship law had been the subject of an order under section 32(8) of the British Nationality Act 1948, but did not become a citizen of that country at birth.
I have no idea what this means. I was born in South Africa and am South African. My birth was registered in South Africa so do I fail this? Have googled the Nationality Act 1948 but wasn't able to work out what they are talking about

Third requirement

Yes - one of your mother's parents was a citizen of the United Kingdom and Colonies in the way mentioned above at the time of her birth; or


I am so sorry that I have so many questions. I can't help wondering if decoding the info on their website is one of the tests to see if you're worthy of citizenship.

Anyhow thanks for the response and I'll understand if you consider me a lost cause!

[Obie]

Having a Passport does not confer citizenship. It is simply a travel document.

Therefore not having one , will not curtail you existing rights or ignore reality that existed.

Your mother was entitled to British Citizenship all along, but only choose to apply for it recently.

Had women been allowed to pass on citizenship at the time of your birth, you would have qualified.

I think you meet the criteria for registration.

[vinny]

I forgot to mention my mother has recently got her British passport as her father was British even though she currently doesn't live in the UK - not sure if that helps my case at all?

Where was your mother born and what was her occupation?

See also Chapter 7: Registration by entitlement of certain people born before 1983 to women who were citizens of the United Kingdom and colonies.

If you are not eligible to register, then see also Switching from another category.

[JAJ]

Yes - have been born after 7 February 1961 but before 1 January 1983; and
?? - have been born to a mother who was a citizen of the United Kingdom and Colonies at the time of your birth and you would have been a citizen of the United Kingdom and Colonies by descent if it had been possible for women to pass this citizenship on to their children in the same way as men; - My mom only got her passport recently as her dad was British so does this mean she was a citizen at time of my birth? Or only recently when she got her passport? But why is this a requirement when on the application screen it tells you what documents to send if your mom was not a citizen at the time of your birth but one of her parents was?

If your mother was born in South Africa then she was probably British by descent (unless she was born to diplomats? or otherwise not a South African citizen by birth) and hence even if women had been able to pass on citizenship in the same way as men, you would not have been British before 1983.