South Africans and other nationals, who are born to a British mother between the period 1949 and 1983 are eligible to claim British citizenship by descent.
The UK Parliament enacted legislation to rectify the gender discrimination in terms of descent via the female line in the year 2003. The previous legislation stated that British citizenship could not be transferred through the female line, only the male line. Furthermore, children born overseas between 1949 and 1983 to a parent who was a British citizen by descent were required to have had their birth registered at a British consulate, within one year of the birth.
The discrimination against the descent via the female line was removed in 2003. However, a person in such circumstances would still not have been able to register the birth. This was called a ‘paradox’ by the Supreme Court.
The Supreme Court subsequently abolished the rule that requires the condition under the British Nationality Act of 1948 that the person’s birth should be registered at a British consulate within a year.
In effect, the Supreme Court basically ruled that a person who was born outside the UK between 1 January 1949 and 31 December 1982 (inclusive) to a British mother, did not need to have their births registered with a UK consulate in the 12-months after their birth.
A person born to British mother, in such a case is thus no longer required to have had their birth registered at a British consulate, at the time.
If you think you might qualify for British Citizenship under this new rule, we urge you to get in touch with Breytenbachs Immigration Consultants. You can visit our website at www.bic-immigration.com or email us at firstname.lastname@example.org Alternatively, please fill out the form below.