born before 1981 by british protected mother

my mother was born in Africa and she was a British protected person by birth and my grandparent was CUKC British protected in fact my granddad by registration was in 1952 under British nationality act 1948 which include my mother name as citizen of united kingdom and colony British protected passport later on, and she is holding now full British citizenship, she got full British citizenship 2005 in fact she is register as a British citizen under BNA 1981 section 4B. she still live in uk for last 10 year I born in 1975 in India and at that time mother was British protected person.. my mother's father and mother is British citizen by registration1952 would it be possible to apply for any citizenship such British citizen on bases of my mother such as UKM category . currently I am holding Indian nationality. if u could guide me in this matter will be grateful.

A bit of punctuation and appropriate capitalisation would certainly help your post. I have rephrased your initial post. Correct me if I am wrong.

• Your mother and her father were registered as British Protected Persons under the British Nationality Act 1948.
  
  Your mother acquired British citizenship in 2005 by registration under Section 4B of the BNA 1981 and now resides in the UK.
  
  You were born in India in 1975.

By being born in India before 1987, you were an Indian citizen at birth and therefore never had BPP status, which requires that you had never at any stage acquired any other nationality.

Section 4C of the BNA 1981 is fairly complex in its text, but the substance of it is that children born to mothers who were British citizens at the time of their birth before 1983 could be registered as British citizens too. Before 1983, only British fathers could pass on their citizenship and this clause allowed British mothers to pass on their citizenship too.

But parents can only pass on their citizenship at the time of the birth of the child. Your mother was not a British citizen at the time of your birth and so she could not register you as a British citizen under Section 4C/Form UKM.

I can not see any way in which you can acquire British citizenship, except in the usual immigration ways (work/study visas, etc).

you can try boc child over 18 historical injustice might be help this case law (1) http://www.bailii.org/ew/cases/EWCA/Civ/2015/89.html (2) http://www.bailii.org/ew/cases/EWCA/Civ/2007/1330.html (3) http://www.bailii.org/ew/cases/EWCA/Civ/2010/17.html

i know boc(British oversees citizen) case historical injustice



I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE.
"In a courtroom,you win when you change someone else's mind. In academia,you win when someone else changes your mind."-Stephen Landsburg

@Patel324, you have made quite a few errors in the selection of cases you have linked to.

Firstly, all three of the cases you linked to are appeals against refusal of entry clearance, not cases about applications involving inheritance of British citizenship.

Secondly, the OP is not a British Overseas Citizen (BOC), indeed, she was not even a British Protected Person (BPP) in her own right. Her mother was a BPP and is now a British citizen. But her mother was not a British citizen at the time of her birth and the circumstances of the OP's own birth (being born in India at a time of unrestricted jus soli) meant that she never had BPP status.

Indeed, under the British Nationality Act 1948, while British Protected Persons were not "aliens" for the purposes of the Aliens Restriction Acts, 1914 to 1919 (Section 3(3) of BNA 1948), they were treated as equivalent to aliens for the purpose of requiring naturalisation (Section 10 of that Act).

They were not even treated as Commonwealth citizens. Commonwealth citizens only required registration and not naturalisation before 1983.

The major difference is that BOCs were Citizens of the UK and Colonies (CUKCs) before 1983. But BPPs never were, at any point in history.

So, the OP has no claim, not even tangential, to British citizenship.

The cases you link to also take into account that the children of the new British citizen were either just over 18 or young, in university education and dependant on their British parent. I doubt the OP meets either of those requirements.

@secret.simon
Thanks for correcting me .i thought that bpp and boc are same.
i applied as over 18 child of female boc(who suffer from historical injustice).if you have any more information about this kind of case pls enlighten me.

hello friends

thanks all to reply

but i cant understand, first you want to read this new UKM guide as link blow
https://www.gov.uk/government/uploads/s ... r_2015.pdf

as per new UKM page no 6 mother requirement
Notes:
You will meet the second requirement if at the time of your birth: (a) your mother was:
• born, adopted, naturalised or registered in the United Kingdom and Colonies; or
• a British subject before 1 January 1949 and was born in a British protectorate, protected state or United Kingdom trust territory; or
(b) your mother was, at the time of your birth, a citizen of the United Kingdom and Colonies and:
(i) you were born, or your mother was born, in a British protectorate, protected state, mandated territory or trust territory or in any foreign place in which British subjects came under British extraterritorial jurisdiction

why this requirements write british protectorate,protected state


as per new UKM 1st page
1. you were born before 1 January 1983; and
2. you would have become a citizen of the United Kingdom and Colonies by descent if women had been able to pass on citizenship to their children in the same way as men at the time of your birth; and

i was born 1975 at time of my birth my mother was British protectorate or protected
at time of my birth my mother's father and mother is citizen of CUKC (since 1952 by registration after 1983 they are British citizen live in uk still they live )

guide me

Firstly, congratulations on having done your research. It is good that you have done your reading.

puja joshi wrote:Notes:
You will meet the second requirement if at the time of your birth: (a) your mother was:
...
• a British subject before 1 January 1949 and was born in a British protectorate, protected state or United Kingdom trust territory; or

Let us look at that statement in the round. It has two conditions;
a) that your mother was a British subject before 1949
and
b) that she was born in a British protectorate, protected state or trust territory.

But your mother never was a British Subject (a status that mostly ceased in 1949). She and her father registered directly as BPPs in 1953, as per your statement. BPPs were never British Subjects nor were they CUKCs, as I explained in one of my earlier posts.

So, in my estimation, you fail to meet the second requirement.

Let me also reproduce Page 5 of the UKM document

You will be entitled to registration if you meet all four of the below requirements:
1. you were born before 1 January 1983; and
2. you would have become a citizen of the United Kingdom and Colonies by descent if women had been able to pass on citizenship to their children in the same way as men at the time of your birth; and
3. you have right of abode which you acquired because:

• (i) your mother was, at the time of your birth, a citizen of the United Kingdom and Colonies by birth, legal adoption, naturalisation or registration* in the United Kingdom, Channel Islands or Isle of Man; or
  (ii) one of your mother’s parents (the definition of “parent” here excludes the father, but includes the mother, of an illegitimate child) was a citizen of the United Kingdom and Colonies by birth, legal adoption, naturalisation or registration* in the United Kingdom, Channel Islands or Isle of Man at the time of her birth; or
  (iii) one of your father’s parents (the definition of “father” and “parent” excludes the father of an illegitimate child) was a citizen of the United Kingdom and Colonies by birth, legal adoption, naturalisation or registration* in the United Kingdom, Channel Islands or Isle of Man at the time of his birth; or
  (iv) you were resident in the United Kingdom for a continuous period of 5 years before1983 and had become settled in the United Kingdom by the end of that 5 year period; or
  (v) you are a woman who, before 1 January 1983, was or had been married to a man with the right of abode in the United Kingdom.

*Please note - registration does not include registration on the basis of a marriage on or after 28 October 1971 to a citizen of the United Kingdom and Colonies
and
4. the Secretary of State is satisfied that you are of good character.

At a glance, you can see that you do not meet the third requirement. The third requirement required your mother, through your maternal grandfather, to have a connection by birth, naturalisation, adoption or registration with essentially the British Isles (minus Eire), not with any British colony, let alone protectorate.

So, the way I see it, based on the information you have put here on these forums, you do not meet the second and third requirements of the application. The inability to meet the third requirement is more obvious than that of meeting the second, which is more subtle.

But let that not dissuade you. If you wish, you can apply and it is possible that the caseworker looking at your case may not understand the nuances of British statute law in those times and grant you British citizenship.

But be aware that a grant of British citizenship to you under UKM only applies to you. Any children of yours born outside the UK do not get British citizenship. So, there is no family benefit even if you were to be granted British citizenship via UKM, which in itself is unlikely.

@ secret.simon

thank you very much


n also thanks to all

hi
anyone know about form ukm immigration lawyer Ahmadabad
pls tell me if u know

puja joshi wrote:hi
anyone know about form ukm immigration lawyer Ahmadabad
pls tell me if u know

Are you asking about a specific named person or is this a town/city?

yes lawyer firm or person they know about UKM in india city ahmedabad

hello all


do u know ? my parents current British passport is required for
UKM forms as per GUIDE UKM i think it is not require so pls reply me
thanks have good day

secret.simon wrote:But let that not dissuade you. If you wish, you can apply and it is possible that the caseworker looking at your case may not understand the nuances of British statute law in those times and grant you British citizenship.

I think that's where the gravitas and canny wording of solicitors comes into play. I think people like yourself/Vinny/Obie could convince caseworkers too.

I'm still hoping someone can tell us how to apply for a High Court declaration for british nationality - avoids the hell of the hmpo/home office

is this my answer
i think that is wrong post

hello all


do u know ? my parents current British passport is required for
UKM forms as per GUIDE UKM i think it is not require so pls reply me
thanks have good day