RootsChat.Com
Research in Other Countries => Australia => Topic started by: tom mix on Wednesday 07 February 18 03:03 GMT (UK)
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Can an Australian born citizen, with a Grandfather born in England on his mother's side, be eligible for a British Passport ? I was asked this today at our genealogy group and my reply was, " I will ask for help on RootsChat."
Thanks
Alan
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https://auspost.com.au/id-and-document-services/passports/british-passports
JM
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https://www.gov.uk/british-passport-eligibility
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Very helpful. Thanks JM.
Alan
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Can an Australian born citizen, with a Grandfather born in England on his mother's side, be eligible for a British Passport ?
Hi Alan :)
The short answer will be 'no' in cases where the only family link to the UK is a grandparent born in England, Wales, or Scotland.
However Ireland is different. A child or grandchild of someone born in Ireland can apply to the government of the Republic of Ireland for a passport - even if the parent/grandparent was born in Northern Ireland/Ulster which is still part of the UK ;D
Carol
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Differences depending on your birthdate and can only be claimed through your British-born father and he must have been married to your mother - somewhat sexist some people might say!
Quote from
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/564944/OS_OL_Guidance_Notes_10.16.pdf
If you were born outside the UK on or before
31December 1982 you can only claim British
nationality through your father, and he must have
been married to your mother (either before or after
you were born). If your father was born outside the
UK, he can’t pass his British nationality to you.
If you were born before 1 July 2006, then British
nationality can only be claimed through the father if
your parents were married at the time of your birth,
or have married since.
Judith
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Judith,
Thank you. I will pass on your information to my enquirer.
Alan
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However Ireland is different. A child or grandchild of someone born in Ireland can apply to the government of the Republic of Ireland for a passport - even if the parent/grandparent was born in Northern Ireland/Ulster which is still part of the UK ;D
The recent and continuing issues over the eligibility of certain politicians concentrated on parentage. I wonder if Irish grandparentage has also been considered :-\
Carol
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However Ireland is different. A child or grandchild of someone born in Ireland can apply to the government of the Republic of Ireland for a passport - even if the parent/grandparent was born in Northern Ireland/Ulster which is still part of the UK ;D
The recent and continuing issues over the eligibility of certain politicians concentrated on parentage. I wonder if Irish grandparentage has also been considered :-\
Carol
The register with each politican's statements includes space for grandparents. The completed forms are online, and have been since early December 2017.
JM
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Well done everyone and thank you! I don't think my enquirer has a case and will inform him so
ASAP.
Alan
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The Italian citizenship of one set of Senator Matthew Canavan's grandparents came up in the Court of Disputed Returns' (aka High Court of Australia's) consideration of his case (http://www6.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/2017/45.html). "Italian citizenship is currently governed under a law enacted in 1992, which provides that the child of a parent who is an Italian citizen is an Italian citizen by birth." Although, in his case, the Court said Senator Canavan wasn't an Italian citizen as he didn't take active steps to become so.
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Hi All,
I guess the question now should be not how to get a British Passport but how does one hold British Nationality. My husband's father was born in England but came to Oz when aged 8 in the 1920s. Married an Australian but apparently my husband and his Australian born siblings are entitled to British Nationality. No idea what would happen if they applied for a British passport. Hopefully hubby doesn't want to become an Australian politician! ::)
Andcarred
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Hi All,
I guess the question now should be not how to get a British Passport but how does one hold British Nationality. My husband's father was born in England but came to Oz when aged 8 in the 1920s. Married an Australian but apparently my husband and his Australian born siblings are entitled to British Nationality. No idea what would happen if they applied for a British passport. Hopefully hubby doesn't want to become an Australian politician! ::)
Andcarred
UK nationality legislation has changed many times over the years but in very simple terms, you get nationality by descent by either being born in the UK or by being the child of someone born in the UK. (You can also acquire nationality through the naturalisation process but I am pretty sure that’s not what you are asking about here).
So for someone born in the UK who moved to Australia and had a child in Australia, that child was entitled to a British passport. But nationality did not pass on to the next generation born in Australia, because that 3rd generation was not born in the UK or have a parent born in the UK.
So yes, your husband and his siblings would appear to be eligible for a British passport if they wanted. The UK has no issues with dual citizenship (and neither does Australia as far as I am aware) and people often have 2 passports for different countries. Means you can usually go through the “home citizens” passport desks at both ends of your journey without any detailed interviews by nasty immigration officials.
As has been mentioned some countries like the Republic of Ireland allow nationality to go back to grandparents. However the UK does not. (And I don’t think Australia does either).
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Elwyn - eligibility for British nationality depends on your father's place of birth - not your mother's place of birth. Also your father needs to have been married to your mother.
See my earlier reply #7 which quotes directly from the current guidelines.
Seems a bit sexist to me!
(It would seem that Andcarrad's husband is probably able to get a British passport.)
Judith
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Judith, seems ALOT sexist doesn't it! Very old school British...
Try being born in British Hong Kong to non British parents, impossible as as well!
It really URKS me standing in that HUGE line at Heathrow when they are supposed to be the mothership... Rant Over!
bitzar.
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>:(
Judith