Proving mother's settled status

[SCL]

I am currently applying for my first British passport and having issues proving mother was settled in the UK at time of my birth. My mother was born in late 1960s in a Commonwealth country and came back to the UK when she was one on her mother's British passport (she was born in UK). She lived here until her death last year and never went abroad. I was born in 92 and therefore need to prove she was settled here. She had her home country passport for the time I was born but did not have any stamp in it confirming her status. As far as I am aware, as she was freely landed on her parent's passport prior to 1973, she would have ILR but not necessarily any documentation to prove this. Any idea as to how I can prove her status?

[secret.simon]

My mother was born in late 1960s in a Commonwealth country

Which Commonwealth country was your mother born in? And which country was your father a citizen of? Did your mother ever have a passport?

As she was born before 1981, your mother's citizenship status was governed by the British Nationality Act 1948. That allowed citizenship to pass via the father only, unless the father was unknown. So, your mother was likely not a British citizen.

If your maternal grandfather was the citizen of a Commnwealth country, your mother may have got "Right of Abode" under the Immigration Act 1971. Unfortunately, to the best of my knowledge, that is not an inheritable status.

If you are a Commonwealth citizen and your maternal grandmother was a British citizen, you could apply for an Ancestry visa, which would give you a five year pathway to ILR and then one year to citizenship.

[Casa]

secret.simon the Op writes 'when she was one on her mother's British passport (she was born in UK)' i.e the mother was born in the UK.

[Wanderer]

My mother was born in late 1960s in a Commonwealth country and came back to the UK when she was one on her mother's British passport (she was born in UK).

Shirley Grandmother is born in Britain, Mother isn't but born in Commonwealth?

Mother NOT born in UK......

So OP's Mum is British by decent and therefore cannot pass on her citizenship to the OP unless she naturalised too AISI.

I suspect OP could apply for ancestry visa though?

[Casa]

Oh secret.simon & wanderer....I lost the plot.

[secret.simon]

@Wanderer,

As the mother was born pre-1983, I suspect that even the mother was not a CUKC, as she could not have inherited citizenship from her mother (OP's maternal grandmother) at the time. If she was born in the Commonwealth and the maternal grandfather was a Commonwealth citizen, the mother likely was a Commonwealth citizen.

As she entered the country pre-1983, it is likely that she was a Commonwealth citizen with Right of Abode, but not a British citizen. As Right of Abode is not an inheritable status, the OP can not inherit it. And as the mother was never (from my interpretation) a British citizen, she could not have passed it on to her daughter. I am not sure whether Right of Abode counts as "settled status". Wikipedia suggests that children of Commonwealth citizens with Right of Abode were automatically British citizens, but I can not find anything in the British Nationality Act 1981 on that topic.

Shirley Grandmother is born in Britain, Mother isn't but born in Commonwealth?

As an aside, who is Shirley? Or did you mean "Surely..."?

OP, given that you were born in 1992 and that your mother never travelled outside the UK since before 1983, I take it that you were born in the UK. Did you spend the first ten years of your life in the UK? If you did, and you can prove it, you would be entitled (i.e. can not be refused) to register as a British citizen under Section 1(4) of the BNA 1981. That entitlement is independent of your mother's status and your own legal status in those ten years.

[vinny]

I am currently applying for my first British passport and having issues proving mother was settled in the UK at time of my birth. My mother was born in late 1960s in a Commonwealth country and came back to the UK when she was one on her mother's British passport (she was born in UK). She lived here until her death last year and never went abroad. I was born in 92 and therefore need to prove she was settled here. She had her home country passport for the time I was born but did not have any stamp in it confirming her status. As far as I am aware, as she was freely landed on her parent's passport prior to 1973, she would have ILR but not necessarily any documentation to prove this. Any idea as to how I can prove her status?

Do you have your mother's parent's passport that she landed on?

See also Surprised Brits.

[vinny]

If your mother had the Right of Abode, possibly under Section 2(1)(b) (2(1)(d) or 2(2)), then she may be treated as if she was a British citizen under 2(2). Then you are automatically British.