British Citizenship from Crown Colony

I was born in Trinidad in 1965. I am male. Trying to find out if i can apply for a British Passport.

My father was born in St Lucia in 1938. He died in 2009 and had a British passport.

My grandfather(fathers father) was born in Jamaica in 1908 and his father was a naturalized British Subject at the time of his birth. My grandfather lived in England from 1910 to 1930 and then came to Trinidad for 2 years and went to live in St Lucia until 1940 and then returned to Trinidad until his death. In 1962 when Jamaica got independence my grandfather retained his British Passport because of his father being naturalised at time of his birth. The British Embassy wrote a letter to my grandfather in 1963 stating that they found the records that his parents were married at the time of his birth and that in 1916 my great grand father was Naturalised as a British Citizens and my grandfathers name was specifically mentioned on the document.

Do not know how my father qualified to get his British Citizenship, either from decent or if he was naturalised or because he was born is St Lucia before it's independence to a British father.

farahad wrote: ↑

Sat Apr 10, 2021 2:28 pm

My father was born in St Lucia in 1938. He died in 2009 and had a British passport.

When was his last British passport issued?
Did the passport state his nationality (in modern British passports, the fourth line on the identity page) as British citizen or as British overseas citizen?
And had your father ever lived at least five years in the UK (not a colony, but the UK itself) before 1983?

Also, where was your great-grandfather naturalised? You mentioned that your grandfather lived in the UK between 1910 and 1930 and that your great-grandfather was naturalised in the UK. Was your great-grandfather naturalised in the UK (not a colony, but the UK as it is now)?

Do you have a copy of your grandfather's certificate of naturalisation or registration as a British citizen? It may be helpful ifyou do. If you don't, you can get a copy from the National Archives in London.

Many thanks for your help.

Mr father's passport was last issued in 2008 and line 4 has British Citizen. Before 1983 he worked in the UK for about 3 years maybe more.

I found my great grandfathers record online. He was naturalised in 1919 in Manchester England where it states he was a resident there. "British SUbject in Jamaica resident in Manchester" .

In 1962 Trinidad became independent from the UK and unless your parent has British CItizenship you would lose your status. So the British Embassy wrote a letter in 1964 to my grandfather stating that the found the records that my great grandfther was married in 1900 and that in 1919 he was Naturalised and that the names of my grandfather and 2 of his siblings were specifally mentioned. The letter ended with "we have pleasure in enclosing your new British Passport"

I think you may be able to qualify for a British citizen passport yourself. But that is based on the chain of descent from grandfather to grandson being purely legitimate (within the bounds of matrimony).

Also be aware that that right is likely not transmittable to any of your children born abroad. Also be aware that I am not a lawyer or immigration advisor and that you may want to seek professional advice.

As your grandfather was mentioned on the certificate of naturalisation of your great-grandfather in the UK, he was naturalised in his own right in the UK as well.

Section 27(2) of the British Nationality and Status of Aliens Act 1914 wrote:Where in pursuance of this Act the name of a child is included in a certificate of naturalization granted to his parent, or where, in pursuance of any Act repealed by this Act, any child has been deemed to be a naturalized British subject by reason of residence with his parent, such child shall, for the purposes of this Act, be deemed to be a person to whom a certificate of naturalization has been granted.

Your father was born a British subject by birth in St Lucia in 1938. He became a CUKC in 1949, in accordance with Section 12(1)(a) of the British Nationality Act 1948.

As your father was a CUKC by birth on St Lucia, you would have become a CUKC by descent when you were born in an independent Trinidad and Tobago in 1965, under Section 5 of the BNA 1948.

The Immigration Act 1971 also added a requirement for a person to hold the Right of Abode in the UK. Your father qualified for the Right of Abode under Section 2(1)(b)(i) of the Immigration Act 1971, linked to above and you should qualify under Section 2(1)(b)(ii).

Because you held both a CUKC by descent and Right of Abode on 31st December 1982, you would have become a British citizen on 1st January 1983.

To make your passport application, you will need a copy of your great-grandfather's naturalisation certificate, which includes your grandfather's name on it , and the chain of birth and marriage certificates (keep in mind that the above only holds true if all the people involves were born while their parents were married), so the marriage certificates for your grandparents and your parents and the birth certificates for your father and yourself.

You will also likely have to write out a cover-letter explaining all the laws I mentioned above as it is unlikely that the caseworker will know how to deal with an application from the grandson of a person naturalised more than a 100 years ago, with its myriad changes of the law.

Having said all this, let me also warn you that moving to the UK at your age may provide some challenges that you should plan and prepare for.

As I mentioned above, your British citizenship won't be transmitted to any children born to you outside the UK and if you do have any children over the age of 18, you can't sponsor them to the UK on any family visa. You will be able to sponsor your spouse and any children under 18, but the visa application fees are quite high (~£3300 per person) and have a high minimum income requirement (from £18,600 per annum onwards).

You would likely also not be eligible for many benefits as many of them have a minimum residence period to qualify. The minimum residence requirement for PIP (disability benefit), for instance, is two years.

As you have not worked in the UK, you will also not qualify for a full state pension at the age of 67 - the state pension age in the UK (unless Trinidad and Tobago have an agreement in place with the UK on benefits and pensions), which is based on the number of years that you have worked and earned in the UK.

Many thanks for your most excellent advice. Not looking to migrate from Trinidad at all.
It is good to have a British Passport to avoid having to get Visas to travel to the US and Canada on a Trinidad Passport. My wife can get an Irish Passport through her Irish Born Grandmother but the children cannot.