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Eligibilty for British citizenship or am I one already?

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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crazyflower
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Posts: 12
Joined: Sun Jan 23, 2011 5:03 am
Location: hong kong

Eligibilty for British citizenship or am I one already?

Post by crazyflower » Mon Jan 24, 2011 5:22 am

Please can you help me . I am not sure whether I should apply for British Citizenship or am I already one and by which way, descent or other than descent. Also is ROA a different issue from citizenship?
I was born in 1962 in Uganda, East Africa and my birth certificate states that both my parents were British subject citizen of UK and colonies.. ( I am Indian by ethnicity). My father was a Naturalised citizen of UK and my mother was registered as a CUKC at the time of my birth.Before that they both were Portuguese citizens (through birth in Goa, India) . In 1964, my father renounced his citizenship and took Ugandan citizenship. After Idi Amin in 1972, we went to India as refugees. I was on my mother's British passport . After coming to India my mother renounced her citizenship. I was a minor then. After reading the UK Border Agency website, I understand you can apply for citizenship once if you renounce it. Since at my birth both my parents were British citizens, can I apply for british citizenship and on which form? so also is my daughter eligible for it as well? I am in HK for last 20 years. I am an Indian national now. Which form should I apply on?
For example, if through my father (he was naturalised in 1957) I should get it through other than descent right? They are now both deceased.
Hoping to hear from you soon.
Thanks and regards.

JAJ
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Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Post by JAJ » Tue Jan 25, 2011 1:06 am

It sounds like since you were born in a protectorate with a CUKC father, you were a CUKC at birth. However, in the absence of any other UK connections, you would be a British Overseas citizen rather than a British citizen.

Have you ever held a British passport? Or was your father naturalised in the UK itself, as opposed to a colony?

How did you get your Indian citizenship? If your father became a CUKC before you were born, then he would have lost his Indian citizenship at that point.

If you are an Indian citizen, then you should not normally obtain a British Overseas passport as you would lose your Indian citizenship in favour of a passport that lets you live nowhere.

But perhaps you are only a British Overseas citizen, and not Indian, if your father wasn't Indian when you were born? Did you ever obtain Indian citizenship by registration or naturalisation?

crazyflower
Newly Registered
Posts: 12
Joined: Sun Jan 23, 2011 5:03 am
Location: hong kong

Citizenship

Post by crazyflower » Tue Jan 25, 2011 6:31 am

Thanks JAJ for your reply. I was on My mother's blue British passport (as a minor) and after she renounced it in India , I think I was registered as an Indian citizen ( as there is an affidavit). However at the time of my birth, both parents were British Citizens ( father has a naturalization certificate, and it was in 1957 in Uganda). However my question is if I was born in a UK Protected State to a father who was naturalised, am I not eligible for otherwise than descent then? Or if I was on my Mom's and she is a registered citizen (through marriage 6(2) 1962), then I am through descent? Or as you say not at all?
Any advise, just would like to try my luck, which form should I choose? And my mom's form is R3. I don't have any british passport of either parent to show.
Regards and Thanks.

JAJ
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Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Post by JAJ » Tue Feb 22, 2011 2:27 am

Your case appears quite complex.

If you say you are in Hong Kong, what passport did you use to move from India to Hong Kong? An Indian passport, or a British Overseas passport?

Have you got documentation of having been registered or otherwise acquired Indian citizenship?

Uganda became independent on 9 October 1962 ... did your mother get CUKC by registration before independence, or at the British High Commission after independence?

crazyflower
Newly Registered
Posts: 12
Joined: Sun Jan 23, 2011 5:03 am
Location: hong kong

duplicate question but still no answer :-((

Post by crazyflower » Tue Feb 22, 2011 2:35 am

Yes JAJ, sorry for the duplicate question as I am not so good at this. Thanks for directing the url here. Is this how I do it? Answer is yes - I was born before Uganda Independence, my mom's Registration was in 1961 ( I think it was in Bombay HIgh Commission) and I was born in March 1962. And I am an Indian Citizen by affidavit, domiciled, don't know if that means naturalization in India? So can I apply and if so under which category?
Thanks a lot.
I apologise if now this goes somewhere besides the right place.

JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Post by JAJ » Wed Feb 23, 2011 3:56 am

There is no "High Commission" in Bombay. There is one in New Delhi.

When and where exactly was your mother registered as a CUKC? The answer may be important. Tell us - exactly - what her citizenship certificate says (minus personal details).

Also, you still haven't told us if you used an Indian passport to become settled in Hong Kong.

crazyflower
Newly Registered
Posts: 12
Joined: Sun Jan 23, 2011 5:03 am
Location: hong kong

Post by crazyflower » Wed Feb 23, 2011 5:32 am

Dear JAJ
At the top of the certificate, it says ,"Duplicate". My mother's certificate says she is registered under BNAct 1948 section 6 (2). The form is R3. The reason given for her getting the citizenship is given as --" under father's naturalization certificate dated --1957".
Yes you are right, it says she is registered as a citizen in Kampala (cert No ---of 1961) and and has taken an oath of allegiance. [all this on one certificate].
on the same certificate, she has been issued an Identity Certificate No.---- from Bombay too.


The same form has a stamp of renunciation of 1980 (but says she renounced it in 1978 - 2 stamps) and that is from Bombay High Commission. I am sure my Mom went to Bombay then and not Delhi.

Yes I have an Indian passport, I remember my father had to make an affidavit in India to prove my Indian citizenship.

So I was on Mom's passport, must be registered in High Commission, Kampala.
Any chance and if so which form?

Thanks & Regards.

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