ELIGIBLE FOR UK CITIZENSHIP???

Dear Forum Members,
I am trying to find out if I am eligible for UK citizenship. Following are the details of my situation:

- My father was originally born in Dominica, an island in the Caribbean and member of the Commonwealth. The island gained its independence in 1978.

- My father went to England and joined the Royal Air Force and fought in World War II. After demobilization, he remained in England until the late 1960's.

- He possessed a 'British Passport UK of Great Britain and Northern Ireland', stamped British subject: Citizen of the United Kingdom and Colonies. It expired in August of 1971. Upon renewal in Dominica, he was issued a 'British Passport State of Dominica', stamped British subject citizen of the UK, Associated States and Colonies'.

- My father migrated to US in the early 1970's and remained until his death in 1996, never having acquired US citizenship.

- As per the Home Office in the UK, there is no trace of my father having acquired British Citizenship by registration or naturalization in the UK. They will look into the matter further if I can supply further information ...

- My brother was a UK citizen, although born in Dominica. He is deceased, but his family still lives there.

Can anyone tell me if I am eligible for British Nationality? Through my father, his BS/CUKC status, his RAF service, through my brother?? Are there any other options I should explore, loopholes?

I thank you in advance for any information you share with me.

J.

Your father was a Citizen of the UK & Colonies (CUKC) by birth.

As your father lived in the United Kingdom for 5 years and (presumably) had permanent residence, he acquired Right of Abode under the Immigration Act 1971, in force from 1 January 1983.

He could never have been registered as British because he was a CUKC to begin with.

However, when Dominica became independent in 1978, he became a Dominica citizen, as he was a CUKC born in Dominica.

As a result he lost his CUKC at that point, unless one his own father or paternal grandfather was born or naturalised in the United Kingdom or a place which remained a colony.

It is important to understand that in the Dominica independence legislation, there was no special provision for those who had previous UK residence, or even for those who were UK residents at the time. This was changed for some of the later Independence Acts, notably Antigua & Barbuda, and Belize, which became independent in 1981.
http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary
http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary

As far as I can tell, he lost his Right of Abode in the U.K. at the same time.

When were you born?

Hi JAJ,

Thanks so much for the info! Very informative.
You mentioned that my father lost his CUKC status when Dominica became independent, unless one his own father or paternal grandfather was born or naturalised in the United Kingdom or a place which remained a colony.

WELL, his father was born in Tobago, a British colony at the time, and his paternal grandfather was a British born citizen and was sent to the islands on post as a judge.
Would I be able to explore that link and acquire UK citizenship through my great grandfather??? If so, under what status could I apply and what documents would I need?

In response to your question, I was born in 1971 in Dominica.

Thanks again for the information!!

Interesting. Tobago doesn't count because it ceased to be part of a colony in 1962, before Dominica became independent in 1978.

If your father's parents and grandparents were married, then if he had a U.K. born paternal grandfather then he would not have lost his CUKC at Dominica independence (even though he became a Dominica citizen).

Hence he kept his CUKC, plus his Right of Abode, and became a British citizen by descent on 1 January 1983.

This doesn't help you, however, because when Dominica became independent in 1978, you became a Dominica citizen at that point. And as you yourself did not have a U.K. born or naturalised father or paternal grandfather, you lost your CUKC status at Dominica independence and have no claim to British nationality now.

Unless there's another U.K. connection you haven't mentioned, eg if your mother is U.K. born.

If any of your grandparents - either paternal or maternal - were born in the U.K. then you might be able to emigrate to the U.K. on an Ancestry Visa in your Dominica passport.

Are you a U.S. citizen now?

Yes, I am a US citizen now, for about two years now.
I wish there was some way to qualify for British citizenship...
To my knowledge, all of my grandparents were born in the Caribbean ...
The only other UK connections I have is through my brother and his family who was naturalized as a UK citizen since he originally had CUKC status. My mother was also born in Dominica, which rules her out completely.
Does the UK have a lottery like the US or an equivalent??
Thanks

How did your brother get his British citizenship, then? Did he migrate to the United Kingdom? If so, how and when?

(he would have lost his CUKC in 1978 on the same basis as you, most likely).

You should look at the Highly Skilled Migrant Programme if you want to migrate to the United Kingdom: http://www.ukvisas.gov.uk

Otherwise you would need a work permit. Bear in mind there will likely be a lot of changes to the U.K. system in coming years.

Is your mother also an American citizen?

My brother did migrate to the UK from Dominica. I believe it was in the 1960's. At that time, he had CUKC status. When Dominica gained independence, he was living and working in the UK. He probably just registered as a British citizen after independence. He remained there until his retirement in 2002.
Is there any way to acquire UK citizenship through my brother although he is deceased now?
In response to your question, my mother did become a US citizen several years ago.
Looks like I don't qualify for UK citizenship ...
I really appreciate all the information.
Thanks

It is unfortunately not possible to get citizenship through brothers or sisters. Maybe you should look into Ancestry visa. However, do not wait to long as there is currently some uncertainty about what's going to happen to that visa category.

I am not sure if I can apply for an ancestry visa. My paternal great grandfather was British born and my paternal grandfather was born in Tobago. I appreciate the information.
One more question, which is a bit off the wall ... Did the UK ever award honorary citizenships to people??
In any case, thanks for the information.

jahsco wrote:I am not sure if I can apply for an ancestry visa. My paternal great grandfather was British born and my paternal grandfather was born in Tobago. I appreciate the information.

Do you know exactly how your brother obtained his British citizenship. Based on what you say it can't have been automatic as he would have lost British nationality at Dominica independence.

So he must have been registered or naturalised as British after November 1978. Was he?

One more question, which is a bit off the wall ... Did the UK ever award honorary citizenships to people??

No! But it's a good question. Were you aware that "Honorary Citizenship of the United States" is not real U.S. citizenship in that it does not give entitlement to an American passport?

Same goes for "honorary" Canadian citizenship.

The Republic of Ireland awards an "honorary" citizenship that is a substantive form of nationality, but there have been only 10 recipients since 1956.

JAJ wrote:No! But it's a good question. Were you aware that "Honorary Citizenship of the United States" is not real U.S. citizenship in that it does not give entitlement to an American passport?

Same goes for "honorary" Canadian citizenship.

What privileges do they convey?

Do you know exactly how your brother obtained his British citizenship. Based on what you say it can't have been automatic as he would have lost British nationality at Dominica independence.

So he must have been registered or naturalised as British after November 1978. Was he?

I am not exactly sure if my brother was registered or naturalised as British. but I can certainly check. In any case, would it help me claim UK citizenship. I was told it was not possible to gain citizenship through siblings?

One more question, which is a bit off the wall ... Did the UK ever award honorary citizenships to people??

No! But it's a good question. Were you aware that "Honorary Citizenship of the United States" is not real U.S. citizenship in that it does not give entitlement to an American passport?

Same goes for "honorary" Canadian citizenship.

The Republic of Ireland awards an "honorary" citizenship that is a substantive form of nationality, but there have been only 10 recipients since 1956.

[/quote]

Thanks for the info. Very interesting indeed!

JAJ,
One more off the wall question ...
Did the UK ever grant UK citizenship to RAF ex-servicemen for any reason?
Thanks

jahsco wrote:I am not exactly sure if my brother was registered or naturalised as British. but I can certainly check. In any case, would it help me claim UK citizenship. I was told it was not possible to gain citizenship through siblings?

Short answer - it's not possible to gain citizenship through a sibling.

But you need to find out the exact story about your brother's status as it may be based on something similar that may help you (eg some unknown factor you've not realised yet).

Hi JAJ,
I will find out the exact details of how my brother received UK citizenship and post the response in a day or two. Hopefully, I might find an answer.
Thanks so much for your help!
J.

Hi JAJ,

Short answer - it's not possible to gain citizenship through a sibling.

But you need to find out the exact story about your brother's status as it may be based on something similar that may help you (eg some unknown factor you've not realised yet).

[/quote]

I spoke to my sister-in-law who is looking into my brother's papers. She says that there is a certificate that she is trying to locate, which he got after Dominica independence, stating his British citizenship.
Further, she says that he came to the UK in June of 1961 on a CUKC passport and stayed until his retirement in 2002. When Dominica became independent, they paid 100 pounds to file the necessary papers to obtain his British citizenship since he had been living there since 1961. She is trying to determine if he registered or became naturalised. His wife is not from Dominica, but Barbados and they filed to change over their status at the same time.

Also, I wanted to ask you about another UK connection. I have two half sisters who were born in the UK from a previous marriage my father had to an English woman. Could their status help my claim in any way???

Thanks again,
J.

jahsco wrote: I spoke to my sister-in-law who is looking into my brother's papers. She says that there is a certificate that she is trying to locate, which he got after Dominica independence, stating his British citizenship.
Further, she says that he came to the UK in June of 1961 on a CUKC passport and stayed until his retirement in 2002. When Dominica became independent, they paid 100 pounds to file the necessary papers to obtain his British citizenship since he had been living there since 1961. She is trying to determine if he registered or became naturalised. His wife is not from Dominica, but Barbados and they filed to change over their status at the same time.

Also, I wanted to ask you about another UK connection. I have two half sisters who were born in the UK from a previous marriage my father had to an English woman. Could their status help my claim in any way???

Sorry, I think you are out of luck. Your brother re-acquired his British nationality after Dominica independence. Either by registration, if he applied before 1988, or by naturalisation - makes no real difference either way.

It doesn't help you get British citizenship. Nor does the fact you have sisters born in the U.K.

Very disappointing indeed ...
Thanks JAJ for all the information. It was quite helpful and I truly appreciate it.
J.