At GDB Legal, we specialise in helping individuals explore their potential claims to British citizenship through various routes, including complex double descent cases. British nationality law is multifaceted, with numerous provisions that might allow you to claim a British passport based on your family history and circumstances.

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British Citizenship by Descent and Double Descent

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British citizenship can often be claimed through family connections that extend back to your grandparents. This is known as "double descent" - obtaining citizenship through a grandparent rather than a parent.

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Key Double Descent Routes: Born after 1 January 1983 (Under 18):

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There are special provisions for children under 18 that may enable British nationality claims. It's crucial to act before a child turns 18, as several rights to British nationality expire permanently at this age.

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Born after 1 January 1983 (18 and over):

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You may have a claim if:

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• You had a UK-born grandfather who was in Crown service at the time of your parent's birth

• A parent had a UK-born mother (but not a UK-born father) and was registered as a British citizen between 1979-1982

• You or a parent were born in a former British colony (subject to specific criteria)

 

Born before 1 January 1983:

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Those born outside the UK between 1949-1982 with a UK-born grandparent may qualify in circumstances such as:

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• Birth in a former British territory (excluding Australia, Canada, and New Zealand)

• Registration as a British citizen or citizen of the UK and colonies

• Parent was in Crown service at the time of your birth

• Parents married before 1949 with a UK-born paternal grandfather

• UK-born maternal grandfather and birth in a "foreign country" (including South Africa, USA, and most European countries)

 

Born before 1 January 1949:

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Claims may arise if:

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• You and your parent were not born in a Commonwealth country and you were born before 1915

• You or a parent were born in a former British territory

• You're a woman who married a British man before 1949

 

Maternal Grandfather Claims (Gender Discrimination Remedy)

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A landmark 2018 Supreme Court ruling opened a significant new route to British citizenship for thousands previously disqualified due to gender discrimination in UK nationality law. This ruling particularly benefits those with British mothers who couldn't pass on citizenship.

 

You may qualify if:

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• Your maternal grandfather (mother's father) was born in the UK or Northern Ireland

• You were born between 1 January 1949 and 31 December 1982

• You were born in what was characterised as a "Foreign Country" (including South Africa during 1962-1982, the United States, and most European countries)

 

Note that your claim might be complicated if:

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• Your paternal grandfather was also born in the UK

• You (or your mother) were born out of wedlock

• Your circumstances fall outside the context of court judgements

 

Other Routes to British Citizenship

 

Adoption

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If a child was adopted in the UK after 1983 and a parent was a British citizen at the time, that child is a British citizen. For adoptions outside the UK, the natural parents' nationality status generally determines citizenship claims, though exceptions exist.

 

Birth Out of Wedlock

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Recent legislation has addressed historical gender discrimination in nationality law. If your father was unmarried at the time of your birth but was born in the UK, you may still have a claim to British nationality.

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Marriage

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• Women who married a British citizen between 1949-1982 and were Commonwealth citizens on 1 January 1983 can claim the right of abode

• Women who married British men before 1949 became British Subjects on their wedding day

• These rights can remain even after remarriage, divorce, or widowhood

 

Crown Service

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Claims are possible if:

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• You were born between 1949-1982 and your parent was recruited in the UK and employed in Crown service at your birth

• You were born after 1983 and a UK-born grandfather was in Crown service when your relevant parent was born

 

Crown service includes the British military, Overseas Civil Service, Colonial Service, Diplomatic Corps, and various other designated services.

 

Statelessness

Where a child is born stateless and a parent was British at the time of the child's birth, registration as a British citizen may be possible. This must typically be addressed before the child turns 18.

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