British Citizenship

[bluemoonjr3]

My mother was a British citizen born in Kenya Africa in 1942 and studying and worked there till 1965. She then came to Goa, India, married an Indian and had 3 children. Can we, her children apply for British citizenship by descent now from India. She had never visited the UK and passed away in 2014.

[secret.simon]

If your mother did not have any ancestral or residential connection to the UK itself (not a colony or protectorate), it is highly likely that she was not a British citizen (with the Right of Abode in the UK), but a British Overseas Citizen (who do not have the Right of Abode in the UK).

Was any of your mother's parents or grandparents either born in the UK or were any of them registered or naturalised in the UK itself (not a colony or protectorate)? If not, you will not have a claim to British citizenship by descent.

You may of course have a claim to Portuguese citizenship through your father.

[bluemoonjr3]

My mother was a British Citizen. Her passport was issued by the British High Commissioner, Nairobi on 9th November 1964 and her nation Status ( Nationalied) is stamped as British Subject : Citizen of the United Kingdom and Colonies.

[bluemoonjr3]

Her parents were Portuguese citizens born in Goa (a then Portuguese colony). Her parents settled in Kenya after marriage and lived there with their children till the African revolution happened and the British were forced to leave Africa. The entire family came to Goa in 1965.

[secret.simon]

her nation Status ( Nationalied) is stamped as British Subject : Citizen of the United Kingdom and Colonies.

There were two changes in British citizenship law after 1964; in 1971 and 1983.

Before 1983, all citizens of the UK and its colonies had the same status; Citizen of the UK and Colonies (CUKC), which is the status that your mother had.

In 1971, the concept of Right of Abode was introduced, which limited which CUKCs had the right to reside in the UK. That required the person or one of their parents or grantparents to have been born, naturalised or registered in the UK (not a colony or protectorate) or for that person to have resided in the UK for at least five years.

In 1983, CUKCs with the Right of Abode became British citizens. CUKCs without the Right of Abode (most likely your mother's situation) became British Overseas Citizens.

British Overseas Citizenship is (a) not inheritable, except in some very specific conditions and (b) does not give you the right to reside in the UK.

So, unless your mother, one of her parents or one of her grandparents was born, registered or naturalised in the UK (not a colony or protectorate), you have no claim to British citizenship.

Also see this thread on how the change in the law affected people born outside the UK.

[bluemoonjr3]

Thank you for your reply which is very clear. However, is there anyway we can get British citizenship?

[alterhase58]

Thank you for your reply which is very clear. However, is there anyway we can get British citizenship?

I guess the only avenues remaining are Work or Student Visas, possibly Entrepreneur/Investor Visas and accumulating the required residency (5/10 years). or if you do qualify for Portuguese citizenship the EEA route, but that window will only be open til 2020/21 based on the current knowledge around Brexit. Once the UK is fully disengaged from the EU normal UK immigration rules will apply.
Just my reading of the current environment.