- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe
Note that not only does the term "United Kingdom" not include former colonies, it does not even include present Overseas Territories.6....it can be seen that the broad scheme of the legislation was that the right of abode was restricted to those citizens of the United Kingdom and Colonies who had acquired that status in the United Kingdom, or one of whose parents or grandparents had himself acquired that status in the United Kingdom.
Also see Paragraph 17 of the judgment.Both the First-tier Tribunal and the Upper Tribunal reached the wrong conclusion because they failed to have regard to the detailed language of the legislation.
In your case, substitute "father" for "mother", but the rest stands.In order for the respondent to have acquired the right of abode under that section, therefore, it would be necessary for his mother at the date of his birth to have acquired the status of a citizen of the United Kingdom and Colonies in the United Kingdom by birth, adoption, naturalisation or registration (none of which was the case) or to have been born to or legally adopted by a parent who at the time of her birth or adoption "so had it."
The whole thrust of section 2 as originally enacted was to limit the right of abode to those who had a direct or indirect link to this country through the acquisition here of the status of a citizen of the United Kingdom and Colonies.
Errr, no. If he was naturalised in Burma, he was by definition not naturalised in the UK. The requirement is not to have been naturalised in the British Empire, but in the United Kingdom itself.colinyellow wrote: ↑Tue May 26, 2020 6:46 amAccording to BNA1914, 1915-1946,the British subjects who are naturalized are all imperial certificate of naturalisation by the Secretary of State, considered naturalization across the UK,so my grandfather were naturalised in the UK itself.
You have not seen the two requirements listed for that clause to apply to you.colinyellow wrote: ↑Tue May 26, 2020 5:47 amThis situation is in line with the 2. (1) A person shall be deemed to be excepted from the operation of sub-paragraph (a) of paragraph 1 of this Schedule if he or his father or his paternal grandfather was born outside Burma in a place which, at the time of the birth.
People born outside Burma, but in a place that was a British colony or protectorate, retained their British subject status. The place of birth outside Burma had to meet either condition (a) or (b) for the person to retain British subject status.colinyellow wrote: ↑Tue May 26, 2020 5:47 am2. (1) A person shall be deemed to be excepted from the operation of sub-paragraph (a) of paragraph 1 of this Schedule if he or his father or his paternal randfather was born outside Burma in a place which, at the time of the birth, -
(a) was within His Majesty's dominions, was a British protectorate, was a British protected state, was a territory in respect of which a mandate from the League of Nations had been accepted by His Majesty and which was under the administration of the Government of any part of His Majesty's dominions or was a territory under the trusteeship system of the United Nations which was under the administration of the Government of any part of His Majesty's dominions; or
(b) was a place where, by treaty, capitulation, grant, usage,sufferance or other lawful means, His Majesty had jurisdiction over British subjects: Provided that a person shall not be excepted under this sub-paragraph from the operation of the said sub-paragraph (a) by virtue of the place of birth of his father or paternal grandfather unless his father or, as the case may be, his paternal grandfather, was at some time before the appointed day a British subject.
On the contrary, they were naturalised as British subjects, in Burma. Therefore, this provision would not exempt them.colinyellow wrote: ↑Tue May 26, 2020 5:47 amSecond, my grandfather and my grandmother are Chinese who are naturalized in the British subjects in Burma by BNA1914. This is in line with (2) A person shall also be deemed to be excepted from the operation of the said sub-paragraph (a) if he or his father or his paternal grandfather became a British subject by naturalization or by annexation of any territory which is outside Burma.
I just copy and paste the link to the HMPO document in my post.Can you see that?secret.simon wrote: ↑Wed May 27, 2020 6:34 amMembers (that includes all of us) are not allowed to post any personal contact information on these forums.
If you have an link to the HMPO document, just copy and paste the link to the document in your post.
If it is a document that HMPO sent you by email, then upload it to Google Drive or Onedrive and copy-paste the link to the document there.
The content in the above HMPO file can support my point of view, I copy as follows:
BNSAA‘14 | 4 Jan1948 | |
---|---|---|
App’t born Burma 1937 | BSBB | Retain |
:----------------------------------------------- | :-----------: | -------------: |
Father born France 1910 | ||
Local Certificate of Naturalisation | No BS | No BS to lose |
BNSAA‘14 | 4 Jan1948 | |
---|---|---|
App’t born Burma 1940 | BSBB | Lose |
:------------------------------ | :-----------: | -------------: |
Father born Burma 1915 | BSBB | Lose |
:------------------------------ | :--------- --: | -------------: |
Paternal Grandfather born | ||
Burma 1890 | BSBB | Lose |
BNSAA‘14 | 4 Jan1948 | |
---|---|---|
App’t born Burma 1940 | BSBB | Retain |
:------------------------------ | :-----------: | -------------: |
Father born Burma 1915 | BSBB | Retain |
:------------------------------ | :-----------: | -------------: |
Paternal Grandfather born | ||
Burma 1890 | BSBB | -- |