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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I WAS BORN IN SCOTLAND (1954) AND HOLD A BRITISH PASSPORT,

Resolved Question:

I WAS BORN IN SCOTLAND (1954) AND HOLD A BRITISH PASSPORT, BOTH MY SONS
WERE BORN IN SOUTH AFRICA AFTER 1963 BUT BEFORE 1983.
CAN THEY APPLY FOR A BRITISH PASSPORT?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
Were you married to your son's mother?
Kind regards,
Tom
Customer: replied 2 years ago.

I am the mother my sons father was South African passed away in 1986

Expert:  Thomas replied 2 years ago.
Okay, thanks.
I note he was South African, was your son's father born in South Africa?
Kind regards,
Tom
Customer: replied 2 years ago.

He was ex-Rhodesian now Zambia

Expert:  Thomas replied 2 years ago.
Thanks. I assume therefore that he was NOT born in the UK.
I am drafting your answer now. 5 mins please.
Tom
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Your children’s lack of UK citizenship status stems from the unfair rules that a mother before 1983 could not transmit her UK citizenship.
A concession was made in the British Nationality Act in which a child could be registered in such circumstances provided that an application was made before their 18th birthday. Obviously, this stopped in 2000 for children
However, there is a further concession under 4C of the Act. Please refer to this section in the Act here:-
http://www.legislation.gov.uk/ukpga/1981/61
This means that a person can apply for registration as a UK citizen if the person was born between 07/02/1961 and 01/01/1983 to a mother that was born in the UK and provided that the person meets the requirement of “good character”. Basically, if your children do not have any criminal convictions then they will meet the good character requirements.
If they apply to register under this section then they will be registered as uk citizens “by descent” and can then apply for a passport.
Information on this and how they can apply is here:-
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/417590/ukm_guide_mar_2015.pdf
.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
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