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Eligibility for passport

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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abroad
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Eligibility for passport

Post by abroad » Sat Nov 06, 2010 11:45 pm

Hello everyone,

I have been searching through the forums to clarify if I qualify for british citizenship, but I was not succesfull. So my situation is as follows:

My mother´s grandparents were british born, her father was british born as well, her mother was born in spain, and my mother was born in spain too.
My mother was born in 1937 and her birth certificate states the above mentioned. She did not renew her last uk passport which finished in 2005 and was stated the fact that she was a british citizen on it. Same for her mother.
So I was wondering how I might know whether she is a british citizen otherwise by descent or not as I was born outside the uk before 1983 (1972).

Thanks in advance.

vinny
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Post by vinny » Sun Nov 07, 2010 8:03 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

abroad
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Post by abroad » Sun Nov 07, 2010 11:56 am

If I understand well, my mother could pass citizenship by descent to me if it is by birth or naturalisation. How could I know whether this is the case or not?. All her family were british and anyhow it could have happen.

Thanks.

avjones
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Location: London
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Post by avjones » Sun Nov 07, 2010 9:15 pm

Your mother was a British Citizen by descent. You aren't automatically a British Citizen, therefore.

You might be a Spanish citizen, though?
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

abroad
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Post by abroad » Sun Nov 07, 2010 9:19 pm

According to my mother´s birth certificate, she was registered at the british consulate. Does it mean anything, or it´s irrelevant?.

Thanks for the answers.

abroad
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Post by abroad » Fri Nov 12, 2010 4:09 pm

I´ve been at the consulate and one person there agreed to investigate for me as a favour how my mother was registered. This person just could tell this to me: BC S11(1) ´81 - S12(2) BNA ´48.
Any idea about what it means?.

Thanks.

avjones
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Location: London
United Kingdom

Post by avjones » Sat Nov 13, 2010 2:29 am

abroad wrote:I´ve been at the consulate and one person there agreed to investigate for me as a favour how my mother was registered. This person just could tell this to me: BC S11(1) ´81 - S12(2) BNA ´48.
Any idea about what it means?.

Thanks.
British Nationality Act 1948


12 British subjects before commencement of Act becoming citizens of United Kingdom and Colonies

(1)A person who was a British subject immediately before the date of the commencement of this Act shall on that date become a citizen of the United Kingdom and Colonies if he possesses any of the following qualifications, that is to say—

(a)that he was born within the territories comprised at the commencement of this Act in the United Kingdom and Colonies, and would have been such a citizen if section four of this Act had been in force at the time of his birth;

(b)that he is a person naturalised in the United Kingdom and Colonies;

(c)that he became a British subject by reason of the annexation of any territory included at the commencement of this Act in the United Kingdom and Colonies.

(2)A person who was a British subject immediately before the date of the commencement of this Act shall on that date become a citizen of the United Kingdom and Colonies if at the time of his birth his father was a British subject and possessed any of the qualifications specified in the last foregoing subsection.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

abroad
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Joined: Sat Nov 06, 2010 11:20 pm

Post by abroad » Sat Nov 13, 2010 11:31 am

I agree with you. But without docs not even a professional could help. I´ve just been trying to know how my mother acquired her BC and unfortunately, the british consulate, that should, isn´t of help at all. Hence I need just a starting point.

avjones
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Joined: Wed May 16, 2007 6:43 pm
Location: London
United Kingdom

Post by avjones » Sat Nov 13, 2010 9:29 pm

The starting point is that your mother is a British Citizen by descent. So unless when she was born her father was working in some way for the govt (Armed Forces, etc) it's unlikely you are a British Citizen.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

abroad
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Joined: Sat Nov 06, 2010 11:20 pm

Post by abroad » Sat Nov 13, 2010 10:25 pm

In normal circumstances it would be a starting and ending point for sure. But I was wondering why my grandma, who was born abroad, had on her birthday certificate "british subject by birth". I don´t think it was a mistake as she was working at the consulate. Perhaps any trick, the one that might have passed on to her daughter.

Thanks for the responses anyway.

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