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Parents born in overseas territories, can I get citizenship?

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

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Fenicks
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Joined: Fri Feb 13, 2015 5:59 am

Parents born in overseas territories, can I get citizenship?

Post by Fenicks » Fri Feb 13, 2015 6:15 am

Hi there,

Bit of a confusing situation. My parents were born after 1949 in what was then a British territory, Seychelles (part of the British Indian Ocean territory). Both my grandfathers fought in the British Army during World War 2 and one of my grandfathers went to live in the UK after my mother was born and died a British citizen. I have here my mother's passport from 1971 which states she is a Citizen of the United Kingdom and Territories by virtue of being born in Seychelles. No mention of right of abode, however. My siblings and I were all born in Australia, where my parents have now lived for 20+ years.

According to the UK Gov's British Overseas Territory Citizenship page (https://www.gov.uk/types-of-british-nat ... es-citizen) on 1 January 1983 my parents became British Overseas Territories Citizens. According to this same page, my siblings and I (all born after 1983) are also BOTCs, becaue "at the time of [our] birth 1 of your parents was a British overseas territories citizen". Am I interpreting this correctly?

Further on this page it states that "you automatically became a British citizen on 21 May 2002 if your British overseas territories citizenship was gained by connection with a qualifying territory." British Indian Ocean territory is one of the listed territories. Does this mean that all of my family are now British citizens and can register for passports, or go live there?

I am not sure, because Seychelles became independent on June 29, 1976. Did my parents lose their BOTC when Seychelles became independent, or will they retain it until their death? Since their connection to the UK and Seychelles prior to independence was at birth (so, other than by descent), did they pass their BOTC to my siblings and I by descent?

Any help would be much appreciated!

EDIT: I just noticed that it says those born after 1983 must have BOTH been born in a British overseas territory and have a familial link, which means my siblings and I are not automatically BOTC. However, my parents still became British citizens in 2002. Does this mean my siblings and I can still register as British citizens by descent of our parents or are we out of luck because we were born before 2002?

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