Born in SA - Are you British?

It is possible to claim British nationality through a birth in South Africa if a parent or grandparent was born in a European country.

The South Africa Nationality Act of 1949 determined who was granted South African nationality when the country was granted the right to determine its own citizenship laws. An anomaly in the Act meant that those classified as "Aliens" - those with a foreign citizenship - did not automatically get the new South African citizenship. In such a case, the applicant retained their British Subject status and, after 1 January 1949, became a Citizen of the UK & Colonies. This situation arose most commonly where the applicant's father was born OUTSIDE of South Africa and outside of a territory that remained part of the British Crown Dominions.

The key criteria of this solution are:

- Candidate born before 1 January 1949;

- Candidate born in South Africa; AND

- Candidate's father born outside of South Africa in what was considered a "Foreign Country"*.

In some circumstances, children born to such a qualifier can also have a claim to a British Passport.

* Examples of what were considered a "Foreign Country" include: Albania, Armenia, Austria, Azerbaijan, Belarus, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Moldova, Montenegro, Mozambique, Netherlands, Poland, Portugal, Romania, Russia, Serbia, Spain, Slovakia, Slovenia, Sweden, Turkey, Ukraine and the United States.

If you think that you or a parent meet these criteria, or you simply want to know whether you might have a claim to British nationality through anomalies in your own Family Tree, then complete our online assessment. This would enable you to order your FREE British Passport Review. Alternatively, contact one of our advisors on [email protected] or call us on 27 (0) 21 657 2139 or 44 (0) 20 7759 7581.