United Kingdom - Passport & Nationality - British Citizenship by Double Descent (48-5(1)a India)
After 1948 and prior to 1983, British Citizenship could be passed two generations by Descent from a UK-born grandfather where the middle generation (the parent) was born in a British Protectorate. Almost a third of India was made up such territory before 31.12.1948. The key question will be in which state the parent's birth took place in - British India (which would negate a claim) or one of the Royal States (which would produce a claim).
This particular solution arises where:
- the applicant was born between 01.01.1949 and 31.12.1982;
- the parent was born in a Royal State of India before its independence; AND
- the relevant grandfather was born in the UK.
If the claim comes from the paternal grandfather, then the applicant is British by operation of law (i.e. automatically British), as long as the relevant family members were born legitimately. However, if the claims comes down from a maternal grandfather, then an application to register as a British citizen has to be made. This route through the mother has become available after recent anti-gender discrimination legislation was passed.