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Kenyan Mother and South African Father - Do you qualify for a British Passport?

by Sable International | Oct 19, 2011
  • This client had a Kenyan-born mother and a South African born father, whose parents were both UK-born (i.e. both Paternal grandparents were UK-born). Click here for more information on British Nationality by Descent, British Mothers and British Nationality by Double Descent and Ancestry, as supplied by
    mother holding feet of a infant

    Do you qualify for a British Passport as a South African?

    Below is a letter written by one of our UK Nationality partners on behalf of a client who qualified for one of the five forms of British Nationality. To protect the identity of the client, their name has been redacted but all other information is unchanged.

    The Letter to the UK Home Office

    Dear Sir/Madam,

    Our client wishes to apply to be registered as a British Citizen in accordance with Section 13 of the Nationality, Immigration and Asylum Act 2002 (persons born to British Mothers, Section 4c BNA 1981).

    His mother was born in Kikuyu, Kenya Colony in 1933. She was therefore a Citizen of the UK & Colonies at birth. On Independence of Kenya (on 11/12/63), she retained her Citizenship of the UK & Colonies by virtue of the fact that she was by then married to a man who retained his own Citizenship of the UK & Colonies status (Section 3(4) of the Kenya Independence Act refers). She was married on 12/9/60, and her husband was born in South Africa to a father born in Scotland.

    At the time of our client’s birth, his mother was a Citizen of the UK & Colonies who had achieved that status by birth. Therefore, had the law permitted Citizenship of the UK & Colonies to be passed by descent through the maternal line at the time, our client would have acquired the status of a Citizen of the UK & Colonies.

    Additionally, our client would have acquired the Right of Abode at birth in accordance with Section 2(1) b(ii) had he been a Citizen of the UK & Colonies, in view of the fact that both his paternal grandparents were born in the UK. We therefore conclude that our client meets all the requirements laid down by the law for registration in this manner.

    Our client presently has leave to remain on the basis of UK Ancestry (i.e. grandparents born in the UK) and these conditions expire shortly. Your earliest attention of this matter would be greatly appreciated.

    In view of the above, we respectfully request the Secretary of State to give consideration to our client being registered as a British Citizen.

    Kind regards,

    We are a professional services company that specialises in cross-border financial and immigration advice and solutions.

    Our teams in the UK, South Africa and Australia can ensure that when you decide to move overseas, invest offshore or expand your business internationally, you’ll do so with the backing of experienced local experts.

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    Sable International is a trading name of 1st Contact Money Limited (company number 07070528), registered in England and Wales. We are authorised and regulated by the Financial Conduct Authority in the UK (FCA no. 517570), the Financial Services Conduct Authority in South Africa (1st Contact Money [PTY] Ltd - FSP no. 41900) and hold an Australian Financial Services Licence issued by ASIC to deal in foreign exchange (1st Contact Group - AFS Licence number 335 126).

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