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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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I would like to know if I am eligible British Passport My

Resolved Question:

I would like to know if I am eligible for a British Passport
My Grandfather was born in UK 1912
He left for South Africa in 1934
My father was born in South Africa 1941 - not sure if he held a UK passport
I was born in 1975
If I do apply what is the name of the bill / law / act that states that I qualify
I thank you in advance.
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,
You are not eligible for a British passport but You would qualify for a UK Ancestry visa if you intend to work in the UK. After 5 years in the UK on this visa, you may apply for indefinite leave to remain (ILR). After 1 year on ILR, you may apply for British Citizenship.
See here for information on the UK Ancestry Visa
https://www.gov.uk/ancestry-visa/overview
Hope this helps
UKSolicitorJA and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Item No 3 applies to me : I would like to know what clause this falls under. I have had verbal confirmation from the Consulate General in Dubai that I qualify but I would like to quote the clause / act number / name when applying as a reference to back up the fact.

Fast facts

You could be eligible for British passport if you were:



  • Born to a parent (father or mother) who was born in the UK before 1983.

  • Born before 1983 to a parent who was born after 1949 – as long as that parent a) was a British Citizen, or b) had a parent born in the UK.

  • Born in South Africa after 31 May 1962 but before 1983, and you have a UK-born grandparent.

  • Born after 1948, and your parents were married before 1949 and your paternal grandfather (your dad’s dad) was born in the UK.

  • Born between 2 March 1970 and 18 April 1980 in (Southern) Rhodesia, and you have a grandfather born in the UK.

Expert:  UKSolicitorJA replied 2 years ago.
If you were born in South Africa which was not mentioned in your original question, it looks like you qualify for a British Passport under the double descent rule set out in Section 5(1) of the British Nationality Act 1948:
http://www.legislation.gov.uk/ukpga/1948/56%20/pdfs/ukpga_19480056_en.pdf

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