UK Born Gparent, Kenya Colony born mom while in service - Claim guidance

Hi All

I am new to the forum so hope I am doing this all in the right way and board any assistance or advice is appreciated.

My grandparents are both UK born in 1929 and 1930 they moved to Africa after they got married and had my Mother in Nairobi, Kenya in 1954 (her birth certificate which she has only a copy of states colony and protectorate of kenya) at this time my grand father who had been a police reservist was called back to service (I have this document) he was then released from service after her birth (I also have this original document sign by the governor) they later moved to Zambia then to Cape town South Africa where my grand parents lived out their lives - the family home in Cumbria was still in the family until about 10 years ago so ties to the UK are strong and I myself lived there under an ancestral visa for 2 years after leaving school.
My Mother and Grand Parents got permanent residence in south Africa but my mother has never become a SA citizen nor is she a Kenyan citizen my questions here:
1. I have been told my brother has a claim as he was born in 1979 but due to me being born in 1984 I have no claim - is there a way to challenge this
2 Do I not have a claim because my grand father was in crown service when my mother was born?
3. what type of British citizenship does my mother have as it just states British citizen on her passport - she has stayed in the UK briefly before over the years but never for more than a year at a time.

I have a ton of original documents showing family UK history all being in and around the lake district birth, death and marriages for over 100 years so plenty docs to work with.

ANY help would be appreciated as my head spins with all the different laws and rulings they have I would like the option of a british passport even if that means I don't get the option to automatically live in the UK

I have also just found a typewritten account by my grandmother of their lives in Africa and it says they went back to England after my mother was born so there is a possibility she was naturalized or registered when taken back I would assume - How would I go about checking this?

Your mother was born a Citizen of the United Kingdom and Colonies (CUKC) by birth (i.e. not by descent), by being born in a colony (the Colony of Kenya, as then).

However, in 1971, the Immigration Act 1971 restricted the CUKCs who had the right to reside in the UK. It created the concept of the Right of Abode, which lay great emphasis on a connection with the UK itself, rather than with a colony.

Your mother did have Right of Abode, as she was born to parents who were themselves born in the UK. She could not however pass on her CUKC status to any children born outside the UK, as at that time, women could not pass on their nationality to legitimate children born abroad.

In 1983, the law changed again, with CUKCs having the Right of Abode becoming British citizens. However, that law (the British Nationality Act 1981) also defined a category of British citizens who had acquired their citizenship by descent and could not pass on their citizenship to their children automatically if born outside the UK.

Your mother is a British citizen by descent, as defined by Section 14(1)(b)(iii) of the British Nationality Act 1981, except if your grandfather was hired in the United Kingdom AND was employed by the UK government (and not the colonial Kenyan government, which would be a separate administration).

Dragoness084 wrote: ↑

Thu Aug 15, 2019 1:39 pm

1. I have been told my brother has a claim as he was born in 1979 but due to me being born in 1984 I have no claim - is there a way to challenge this

Unlikely. As mentioned above, there were major changes to the law in 1983, between your brother's birth and yours.

Dragoness084 wrote: ↑

Thu Aug 15, 2019 1:39 pm

2 Do I not have a claim because my grand father was in crown service when my mother was born?

The fact that your grandfather was in the police force would only be relevant if (a) his recruitment for the service in question took place in the United Kingdom AND (b) the service was under the the government of the United Kingdom.

While Kenya was ruled by the British in 1974, the government of the Colony of Kenya would be considered a separate administration and will likely not meet the requirements for Crown Service as defined for the British Nationality Act 1981.

And of course, you would still need to prove that he was recruited to the police force in the United Kingdom (and not in Kenya).

Dragoness084 wrote: ↑

Thu Aug 15, 2019 1:39 pm

3. what type of British citizenship does my mother have as it just states British citizen on her passport - she has stayed in the UK briefly before over the years but never for more than a year at a time.

British citizenship by descent, as mentioned above.

Dragoness084 wrote: ↑

Fri Aug 16, 2019 6:55 am

there is a possibility she was naturalized or registered when taken back I would assume - How would I go about checking this?

No. She could not have been naturalised or registered as a CUKC, because she was already a CUKC by birth. Note that the registration referred to here is the registration required for a non-British person or child to become a CUKC/British citizen.

A person who is already a CUKC/British citizen can neither be naturalised nor registered.

Thank you for the information it is much appreciated.