British national spotlight series:
South Africa

Establishing whether you are a British national is not always straightforward. This process can involve British nationality ‘tracing’ through a vast, complex network of legislation. Our specialist immigration team at Kingsley Napley has considerable experience of navigating British nationality law and can assist you to find out whether you and your family members are or can apply to be British. 

The history of the UK is undoubtedly a history of migration, both inbound and outbound. It is considered that, at its height in the early 20^th century, Britain ruled a quarter of the world and its empire comprised over 400 million people. Inevitably, the British Empire facilitated the mass movement of people worldwide and continues to inform the migration patterns we see today.  This history means the associated British nationality laws are vast and complex.  There are even 6 different types of British nationality.

A question for many Commonwealth nationals, or people with continued links to the UK’s former colonies, is whether connections to the former Empire opens up an avenue for them to acquire British citizenship today.

We are spotlighting a selection of Britain’s former colonies/territories and, for each of them, consider the impact of developments in UK nationality law and how to establish a claim to British citizenship today.

We start our spotlight series with South Africa.

Former British territory: South Africa

British presence in South Africa can be identified as early as 1795, however, on 31 May 1910, the Union of South Africa, comprising four of Britain’s colonies (Cape, Natal, Orange Free State and Transvaal), was established. At this point, South Africa was a self-governing territory within the Crown’s dominions and had not yet gained full independence from the British Empire.

The journey towards independence started on 1 January 1949 when South Africa became an independent Commonwealth country. The consequence of this was that individuals who would formerly have been considered to be British subjects because of their close connection to South Africa, would now be classified as Commonwealth citizens once South Africa’s citizenship laws came into force on 2 September 1949 (although, for a brief period in its history (1961 to 1994) South Africa left the Commonwealth).

Individuals who in January 1949 continued to be closely connected to the UK or existing British territories (e.g. by birth in the UK) were classified as Citizens of the UK and Colonies. 

As will be apparent from the brief summary above, British nationality law has undergone numerous changes over time – British subject status has transitioned into Citizen of the United Kingdoms and Colonies (CUKCs) and, finally, to present day British citizenship. In practice, this means that not all people who were born as British subjects are British citizens today.

The creation of the term ‘Commonwealth citizen’ in 1949 was the first step in separating those who had a distant relationship with the UK (e.g. Commonwealth citizens as their countries officially became independent) and those who maintained a close relationship with the UK (e.g. CUKCs). Under current law, typically only those who can establish that they, or a family member, held CUKC status, may be eligible for British citizenship today. 

So, if you are a South African national, what are the circumstances that indicate you may be entitled to apply for British citizenship? This could include the following, among other potential options:

1. Your British father was born in the UK
2. You were born before 1983 to a British mother
3. You were born before 1983 to a British father who was in Crown service at the time of your birth
4. Your maternal grandmother is British
5. You were born after 1983 and your British grandparent was in Crown service at the time of your parent’s birth
6. If you are under 18, your British parent was born outside of the UK but used to reside in the UK
7. Your parent either naturalised/registered as a British citizen before you were born, or before you turned 18

South African nationals seeking to acquire British citizenship should be aware that, as things currently stand, they will first need to apply to retain their South African citizenship. A recent decision of the Supreme Court of Appeal in South Africa indicates that, in the near future, obtaining retention permission may no longer be a requirement. However, this matter still needs to be heard and confirmed by the South African Constitutional Court. 

If British citizenship is not an option, it is worth noting that, as Commonwealth nationals, South Africans with UK born grandparents may be eligible to apply for a 5-year visa, to live and work in the UK, on the basis of their British ancestry.

Ultimately, the historic links between the UK and South Africa means that many South African nationals may, unknowingly, be able to establish their right to UK residence and/or British nationality.

further information

If you have any queries in relation to the above or any other immigration or nationality matter, please contact a member of the immigration team.

about the author

Bukunmi joined the Immigration team as an Associate in April 2021 and is a member of the department’s private client team. Bukunmi is experienced in assisting a wide range of clients with their UK immigration matters, in particular private individuals, who wish to work, study, visit or relocate to the UK. She advises on a broad range of UK immigration matters