Nationality query: British citizen or British Overseas Citizen

[NicholasA]

Hello

I have a query that I hope one of the more knowledgeable people about these affairs may be able to help me with. I have read through previous posts and only found a few that may be of relevance but nonetheless would appreciate an opinion on the below circumstances.

Facts and circumstances:

My mum was born in Cyprus in 1951. Her father was a CUKC (Cyprus born) at the time and may also have been in Crown Service (RAF policeman). Her mum was also a CUKC at that time.

My mum, along with her father and brother migrated to the UK in 1960 (March or April 1960) before Cyprus's independence in August of 1960. Her mum had died prior to this. They travelled on her father's passport in which his nationality was CUKC. They settled in the UK and her father worked there while she & her brother went to school.

My mum and her brother were registered (in May 1962 in London) under the 1948 British Nationality Act as Citizens of the United Kingdom and Colonies. I have found and requested copies of these from the TNA. Their father was registered too in early June of 1962. I have also found and requested a copy of his certificate from the TNA.

After a couple of years they migrated to South Africa where they remained since. My mum travelled on her father's passport and her brother on his own passport. Their passports were issued in the UK in 1962. Their nationalities were stated as CUKC.

My mum has not travelled anywhere since and has not had a passport since that time.

My query:

What are my mum's and uncle's citizenship statuses in terms of British nationality? Are they British citizens or a British Overseas Citizens?

Any insights will be appreciated.

[secret.simon]

My mum and her brother were registered (in May 1962 in London) under the 1948 British Nationality Act as Citizens of the United Kingdom and Colonies.

As they were registered themselves/individually as CUKCs, in London, they would have both CUKC status and RoA status and thus both of them would have become British Citizens on 1st January 1983.

Does their registration certificate state which section of the BNA 1948 were they registered under?

I have found and requested copies of these from the TNA. Their father was registered too in early June of 1962. I have also found and requested a copy of his certificate from the TNA.

By the "TNA", do you mean the National Archives? That is not a common acronym for that organisation. I have generally come across that acronym to refer to the Turkish National Assembly, which confused me initially.

[NicholasA]

Hello Simon,

Many thanks for your reply and explanation. It is much appreciated.

They were registered under section 7 (1), which is for minors (which they were at the time).

Apologies for the confusion, yes TNA stands for the The National Archives and I used it because it was used by the archives themselves in their communications with me. I assumed therefore that it was a common practice.

[secret.simon]

They were registered under section 7 (1), which is for minors (which they were at the time).

I had a quick look at the British Nationality Act 1948 and Section 14 of the BNA 1981 and think that your mother and uncle would be British citizens otherwise than by descent.

That would make any of your mother's children born after 1983 British citizens by descent automatically. The same also applies to all your uncle's children as well, regardless of the year of their birth.

[NicholasA]

Thank you for the explantion Simon.

That is great news!

In my mother's case would any children born before 1983 have a right to apply for British citizenship through Form UKM?

[secret.simon]

In my mother's case would any children born before 1983 have a right to apply for British citizenship through Form UKM?

Yes.

[NicholasA]

Thank you.

Great news too. Your assistance is much appreciated.

[NicholasA]

Thank you.

Great news too. Your assistance is much appreciated.