Perhaps a silly question.

There's something I don't understand.  I've heard several people talk about how they were able to get visas to live in the UK because of grandparents that were from there.  Which excited me, because my grandfather was from Scotland.  But every official site I've looked at says that this works only for people from "Commonwealth" countries which I assume the US is not.  So...which is it?  Will having a Scottish grandfather help me out?

The Home Office web site states that US Citizens are inelegible to enter the UK under the UK Ancestry scheme, which if you ask me is just bollocks. But there you go.

You might be able to wrangle yourself the Right of Abode (which is even better) if youre lucky. The rules and regs regarding right of abobe can be found here: http://www.ind.homeoffice.gov.uk/default.asp?PageId=1370

3. WHO HAS THE RIGHT OF ABODE?

3.1 Under Section 2 of the Immigration Act 1971 (which was amended by section 39 of the British Nationality Act 1981), all British citizens and certain Commonwealth citizens have the right of abode in the United Kingdom.

People who became British citizens on 1 January 1983

3.2 You will have become a British citizen on 1 January 1983 (when the British Nationality Act 1981 came into force), and will therefore have the right of abode in the United Kingdom if, immediately before that date:

   a) you were a citizen of the United Kingdom and Colonies and had your citizenship by being born, adopted, naturalised or registered (see Note 4) in the United Kingdom; or

   b)     (i) you were a citizen of the United Kingdom and Colonies with a parent (see Note 2) who, at the time of your birth, was a citizen of the United Kingdom and Colonies by being born, adopted, naturalised or registered (see Note 4) in the United Kingdom; or
           (ii) you were a citizen of the United Kingdom and Colonies whose parent (see Note 2) qualified for the right of abode under b(i) above; or

   c) you were a citizen of the United Kingdom and Colonies who, at any time before 31 December 1982, had been ordinarily resident in the United Kingdom (see Note 1) for a continuous period of 5 years or more and, during that period, you were not in breach of the immigration laws and, at the end of that period, you did not have any time limit attached to your stay; or

   d) you were a citizen of the United Kingdom and Colonies and were then, or had previously been, the wife of a man with the right of abode in the United Kingdom.

People who became British citizens after 1 January 1983

3.3 A person born in the United Kingdom (see Note 1) after 1 January 1983 is a British citizen if his father or mother (see Note 2) was, at that time:

   a) a British citizen; or

   b) settled (see Note 5) in the United Kingdom.

For further information, see our information leaflet BN9.

3.4 A person born outside the United Kingdom (see Note 1) after 1 January 1983 is a British citizen if, at the time of his birth, his father (see Note 2) or mother was:

   a) a British citizen otherwise than by descent; or

   b) a British citizen by descent and was in:

       (i) Crown service, or

       (ii) Community institution service, or

       (iii) service specially designated by the Secretary of State as being closely associated with the activities of the United Kingdom government

For further information, see our information leaflet BN4.

3.5 A person who has successfully applied for registration or naturalisation as a British citizen will have become such a citizen on the date of registration or, as the case may be, the date of issue of the certificate of naturalisation.

3.6 A person adopted in the United Kingdom after 1 January 1983 is a British citizen if, on the date of the adoption, at least one of the adopters was a British citizen.

Which ever parent was the product of your Scottish grandfather has the right to British Citizenship and therefore you should have in some means or other. Hopefully the info above will help you and your parents get you what you want.

Best of luck and keep us posted,
Sarah

Yup Sarah is right - but there you go that is what you get for cutting ties with the motherland all those centuries ago!!

I don't think the bit Sarah quotes will help you as your parent is a British citzen by descent.

It is worth remembering that if you have  parents/grandparents from other EU countries you may be entitled to citizenship and a passport from that country which will allow you to live in the UK. A friend of mine got an Irish passport through having an Irish grandfather for example so now he can live in the UK, or indeed anywhere in the EU.

Yup Sarah is right - but there you go that is what you get for cutting ties with the motherland all those centuries ago!!

But...it's not my fault he emigrated!  I wasn't even there.

Besides, I don't think he really meant to do it.  I think he just got drunk one night and woke up on a boat...

But...it's not my fault he emigrated!  I wasn't even there.

Besides, I don't think he really meant to do it.  I think he just got drunk one night and woke up on a boat...

 

BritWife,

I kinda thought the same with the "parent is citizen by decent" thing, but here's my line of thought... I guess Im a bit confused...

lets take my husband for example. He's a UKC born and raised. Our child will probably be born outside the UK - most likely the USA (I cant see us moving to Russia, really). So we'll register that child's birth with the British Counsulate in the USA and get the little knee-biter a UK passport. That child will be a British Citizen. Maybe they'll never go and live in the UK but theyre entitled to live there without restrictions nevertheless.

So that child goes on to have a baby of its own. Isnt that new baby entitled to be a UKC because the parent is, regardless of weather the parent was born on UK soil or not?

Doesnt make sense to me that they would deny any UKC's child citizenship.

What I was thinking was - if Cassandra's parent is entitled to UK citizenship because their dad is a citizen, they could go about making their citizenship offical so that Cassandra could also have citizenship.

That probably seems way too simple for Immigration mumbo-jumbo, doesnt it? Go on, Mr Government and complicate things for not only us, but our children and our grandchildren. Super.

Hey Ive just thought of a way to save my grand-kids the hassle. Eventually when Im pregnant I'll fly to the UK just before my due date, have the baby in England and then fly back home. Do ya think that'll work??

I know it is stupid but remember this is the same country that denied me British citzenship until I was 6 years old because my father isn't British (well he is now but he wasn't then) and I was born outside the UK. They said mothers didn't count. Thankfully we have moved on a bit since the days of the ark and I did eventually get british Citizenship by descent. But now I am having a baby and if we go to the USA to have it it won't be British because I wasn't born here (so we are staying here).  

So in short the answer to your question is that in the scenario you put forward - nope your grandchild wouldn't automatically be a UK citizen if your child was born outside UK.

I think it was Lord Hailsham who once said "The law is an ass."

YUP.

But...it's not my fault he emigrated!  I wasn't even there.

Besides, I don't think he really meant to do it.  I think he just got drunk one night and woke up on a boat...

Sorry Cassandra I didn't mean your grandfather!! ... I meant the USA cutting loose from the UK ...

I know it is stupid but remember this is the same country that denied me British citzenship until I was 6 years old because my father isn't British (well he is now but he wasn't then) and I was born outside the UK. They said mothers didn't count. Thankfully we have moved on a bit since the days of the ark and I did eventually get british Citizenship by descent.

Britwife, this was my hubby's situation exactly.  He lived in the UK most of his life but only had right of abode, he was never notified that his status could have changed in 1983.

But luckily they passed the Immigration & Nationality (asylum) bill a year or so ago, now he is entitled to citizenship.

Glad it's not just me! Very silly rule. I was lucky I got my British citizenship before they actually changed the law cos my parents lobbied their local MP. My dad's STILL going on about it .. and on ... and on ....

Sorry Cassandra I didn't mean your grandfather!! ... I meant the USA cutting loose from the UK ...

Oh!  Yeah, that was kinda silly of us, wasn't it?  

The problem with allowing people to pass on citizenship from generation to generation is it could get a little ridiculous. For example, any American descended from the Pigrim Fathers could get a UK passport, or any UK citizen descended from the Vikings or the Normans could get a Danish/French passport. If you see what I mean.