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New passport British citzen British Nationality act 1981

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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Joe90Joe
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Posts: 2
Joined: Sat Jan 30, 2016 5:27 pm

New passport British citzen British Nationality act 1981

Post by Joe90Joe » Sat Jan 30, 2016 8:34 pm

Hi
My father came to england in 1960 on a ST Christopher (St kitts) Leeward islands Carribbean passport which was part of the british colonies, he has never left Engand since arrival.
The original passport has been lost and no idea of the number etc , I believe around 1983 he would have been able to get a british passport due to the british nationality act 1981, but never did.We now are looking into what would be required for him to gain a british passport and what evidence would he need to provide?
He is now 74 and alot of previous workplaces do not exist.

Thanks

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: New passport British citzen British Nationality act 1981

Post by secret.simon » Sat Jan 30, 2016 9:06 pm

The situation is not as straightforward as it seems.

Before 1983, your father was a Citizen of the UK & Colonies (CUKC). However, the British Nationality Act 1981 split the former CUKCs into three categories;
  • British citizens - CUKCs who had a connection with the UK by "birth, adoption, naturalisation or (except as mentioned below) registration in the United Kingdom or in any of the (British) Islands;"

    British Dependent Territories/Overseas Territories Citizens - CUKCs who had a connection with one of the British Dependent Territories (later called British Overseas Territories), but not with the UK.

    British Overseas Citizens - Any CUKCs who did not fit into either of the two above.
St Kitts and Nevis was a BDTC in 1983 before independence. Therefore, unless your father had had the foresight to register as a CUKC in the UK, I believe that he did not become a British citizen, but a British Dependent Territories Citizen in 1983.

When St Kitts and Nevis became independent in 1983, British Dependent Territory citizenship was lost if there was no connection with any other British territory. British citizenship itself was not lost if your father had the foresight to register himself as British.

So, check with your father if he had registered as British before 1983. If not, I believe that he does not have a right to a British passport, either as a British citizen or as a BOTC.

Mind you, I am not a lawyer and my interpretation of the law could be wrong. However, you can see that the law is very complex in this field and that you may need legal advice as to the precise status of your father before proceeding.

Further reading: Independence
British Nationality Act 1981, particularly Section 11
Immigration Act 1971 (as enacted), particularly Section 2
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Joe90Joe
Newly Registered
Posts: 2
Joined: Sat Jan 30, 2016 5:27 pm

Re: New passport British citzen British Nationality act 1981

Post by Joe90Joe » Sat Jan 30, 2016 10:53 pm

Thanks
I am pretty sure that he did not register as CUKC, long story but we had lost contact for a long while.
What would the possible way forward to try and resolve this issue?
I have been told he would have to prove he had been in the Uk prior to 1983 which he has but may be difficult to prove as the place he worked are no longer in business and few other documents that support the fact apart from a state pension.

Are there any specialist that I could see to try and resolve this?

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