Question about passports, citizenship and the like

My mum is in her 60s and has never been outside of the UK. I really want to take her to Poland to see where her Mum was from, but we've got an issue with passports.

During WWII, her mum was evacuated from Poland to a refugee camp in Zimbabwe. She got pregnant there and my mum was born April 1947. When my mum was 2 or 3, they were given the option of where to move to, and my Nan chose the UK.

My Mum has lived here for almost 60 years, and has been married to my Dad (a UK British Citizen) for over 20 years, but they were together longer. She's worked since she was about 16, so has a NI number, though it seems that doesn't seem to mean she's a citizen or anything.

It seems that she didn't go through any application process that she knows of to become a British Citizen. So it would appear that she's technically not a British Citizen, though has worked here, now gets a UK state pension etc.

The problem that she's got is that she has no records of her birth or entering the UK. My Nan died in 1996, so she can't help. The place where all the records were kept, including her birth, were destroyed in a fire. The only thing I think there is, is a record of her entering the country, and her age at the time.

What does she have to go through to be able to get a passport? Is she entitled to a UK passport? Would she be better applying for a Polish passport or something?

I don't understand it all at all, so any advice, experience or anything would be greatly appreciated!

Caroline

Her birth would have been registered in Southern Rhodesia, presumably. Now Zimbabwe. You'll need to track that down, regardless.

If she was born in Southern Rhodesia (as Zimbabwe was at the time) then the question is did she become a Southern Rhodesia citizen on 1 January 1950 and did she re-acquire Southern Rhodesian citizenship on 1 January 1964.

If YES, then she at least is deemed to have Indefinite Leave to Remain as a Commonwealth citizen (Southern Rhodesia) who arrived in Britain prior to 1962. She could become naturalised as a British citizen.

If NO, then she would have become a UK & Colonies citizen and would now be a British citizen.

In order to know the answer you need to track down a copy of the following Southern Rhodesia legislation:

- Citizenship of Southern Rhodesia and British Nationality Act, 1963 (No. 63 of 1963); or
- Citizenship of Rhodesia and Nyasaland and British Nationality Act, 1957 (Federal Act No. 12 of 1957); or
- Southern Rhodesia Citizenship and British Nationality Act, 1949 (No. 13 of 1949);

And the following U.K. legislation:

- British Nationality Act 1948;
- British Nationality Act 1958; and
- Statutory Instrument S.I. 1963/2085 (made under the Rhodesia and Nyasaland Act 1963).

In London, try some of the main libraries, eg the University of London, to see if they have copies of Southern Rhodesia statutes. They're not available online. Sorry.


Separately, you should also see if your mother can claim a Polish passport. Try some Polish groups in the UK and see what they can do to help, also the Polish Embassy.

If it all comes to nothing and she cannot prove who she is, she will have to make an application for Indefinite Leave to Remain under the 14 year rule. But even with this, it won't give her a passport for a number of years.

She needs either a UK or a Polish passport before she can travel anywhere.

JAJ, ur knowledge on subjects like this is a source of amazement to me, although the citizenship subject doesn't really affect me and my issues, I always look forward to these questions cos u just know the answer...

Now I'm going back into miserable mode again....

Thanks for the info!

I did a lot of research last night, and found that she would be entitled to a Polish passport, but need to prove her mother's Polish citizenship. I'm not really sure how to go about this to be honest. I saw that you can apply for confirmation of a parent's Polish citizenship, but you have to give a lot of evidence, which we don't have.

She was born in Southern Rhodesia, I couldn't remember what it was called at the time! I think she left before 1950 though.

I think the thing that's going to be really difficult is providing evidence of all of this. We certainly don't have it, and I don't know how to go about getting it.

Wouldn't her first step to be to get a copy of her birth certificate (long form, with parents details) from Zimbabwe?

http://www.moha.gov.zw/index.php?link=rg_death_births

Does she know where in Zimbabwe she was born?

The British Embassy in Harare might be able to assist.

Also perhaps try the National Archives to get records of her entry to Britain:
http://www.nationalarchives.gov.uk/sear ... ration.htm

And once again, try getting in touch with Polish emigre groups who may have dealt with similar problems? Can the Polish Embassy provide any contacts?

Who administered the refugee camp? The Red Cross? Perhaps they have records?

Sorry if this isn't what you want to hear but there is going to be a lot of work needed to track down some of the basic details - such as the birth certificate. You can only start even thinking about the situation under the law, once you know the facts.

She could also, in parallel, apply for settlement in the UK under the 14 year rule for unlawful/undocumented stay. That won't get her a passport anytime soon, but at least will resolve her immigration status.

I think there was something with the Red Cross before, I can't remember. Need to sit down with my mum and go over it all really.

I emailed the UK people as well as a Polish citizenship advocate asking for advice and got the following replies...

The first question is whether your mother, born in 1947 out of wedlock, acquired Polish citizen by birth. According to the Polish citizenship act of 1920, which was in force when your mother was born, children born out of wedlock obtained Polish citizenship after their mother. If you wish, we may prepare legal analysis to determine whether all the other requirement to get Polish citizenship by birth were met in your mother's case.

If your mother acquired Polish citizenship by birth, she should have documents to prove it. Kancelaria Adwokacka. Adwokat Piotr StÄ…czek provides assistance in searching state archives in Poland or abroad (via Polish consulates).

Your mother may apply for a confirmation of Polish citizenship, once she gathers all the documents required. Finally, having a confirmation of Polish citizenship, she may get a Polish passport.

Our procedure for dealing with enquiries of this nature has changed. You now have 3 options:

1. Your mother may test the strength of her claim to British nationality by submitting an application for a United Kingdom passport. Advice about the passport application process, and relevant forms, can be obtained at www.ips.gov.uk <http://www.ips.gov.uk/> or by calling the Identity and Passports Service on 0300 227 0000.

2. Your mother may apply to us for a nationality status certificate, using Form NS. Advice about the nationality status certificate application process, and relevant forms, can be obtained from http://www.ukba.homeoffice.gov.uk/briti ... itizenship <http://www.ukba.homeoffice.gov.uk/briti ... itizenship> or by calling us on 0845 010 5200. The fee for this service is £75.

Her claim will then be considered by a caseworker. If she proves to have an automatic claim she will be issued with a Status Letter which she will be able to produce in support of an application for a British passport.

3. Your mother may seek advice from a professional legal adviser in private practice. A list of suitably qualified advisers can be obtained from www.oisc.gov.uk <http://www.oisc.gov.uk/> or by calling the Office of the Immigration Services Commissioner on 0207 211 1500.

Either way, it's not going to be quick or easy, will take a lot of work, but I'm determined, so we'll see I guess.