Immigrationboards.com

The answer to this might be obvious, but I wanted to get some advice from others more knowledgeable than I before giving up!

My mother was born in the UK (1971) and was a British citizen (not by descent). Later on in life, however, she renounced her citizenship (1990) for citizenship of another country which did not permit dual nationality. This renunciation happened five/six years before I was born.

Is there any chance of me being eligible for British citizenship by descent, seeing as she was not a British citizen at the time of my birth? And, if she had to successfully reclaim her citizenship, would this in any way affect those chances or those of my minor siblings?

Thanks!

You are not a British Citizen unfortunately, unless within 6 months of the renunciation of British citizenship, your mother was unable to secure citizenship of the other country, in those circumstances, the renunciation becomes invalid by default.

Even if your mother resume citizenship, you will not qualify.

Obie wrote:You are not a British Citizen unfortunately, unless within 6 months of the renunciation of British citizenship, your mother was unable to secure citizenship of the other country, in those circumstances, the renunciation becomes invalid by default.

Even if your mother resume citizenship, you will not qualify.

Thought as much, sadly. Thank you very much for your help!

Maybe Ancestry via if you are from a commonwealth country with a UK born grandparent?

mikeym wrote:The answer to this might be obvious, but I wanted to get some advice from others more knowledgeable than I before giving up!

My mother was born in the UK (1971) and was a British citizen (not by descent). Later on in life, however, she renounced her citizenship (1990) for citizenship of another country which did not permit dual nationality. This renunciation happened five/six years before I was born.

Is there any chance of me being eligible for British citizenship by descent, seeing as she was not a British citizen at the time of my birth?

If you mean that she went to the British Embassy/High Commission and signed forms to formally renounce her British citizenship- then she's not British and neither are you. However, if in fact all she did was sign forms under the law of another country and/or hand over her British passport, then these acts in themselves would not have caused a loss of British citizenship.

It it happens that she was born in Northern Ireland, then her renunciation of British citizenship would not have affected her Irish citizenship.

And, if she had to successfully reclaim her citizenship, would this in any way affect those chances or those of my minor siblings?

If she formally renounced her British citizenship to acquire or retain another citizenship, she has a once-only chance in life to resume it. Obviously- this could cause loss of the non-British citizenship concerned but not if laws in the other country have changed since then. Example- Malta.

If she resumes British citizenship it doesn't help you but it could allow any under-18 siblings to apply for British citizenship under section 3(1) of the British Nationality Act 1981. See page 15 of guide MN1. How close are these siblings to age 18?
https://www.gov.uk/government/uploads/s ... y_2017.pdf

JAJ wrote:

mikeym wrote:The answer to this might be obvious, but I wanted to get some advice from others more knowledgeable than I before giving up!

My mother was born in the UK (1971) and was a British citizen (not by descent). Later on in life, however, she renounced her citizenship (1990) for citizenship of another country which did not permit dual nationality. This renunciation happened five/six years before I was born.

Is there any chance of me being eligible for British citizenship by descent, seeing as she was not a British citizen at the time of my birth?

If you mean that she went to the British Embassy/High Commission and signed forms to formally renounce her British citizenship- then she's not British and neither are you. However, if in fact all she did was sign forms under the law of another country and/or hand over her British passport, then these acts in themselves would not have caused a loss of British citizenship.

It it happens that she was born in Northern Ireland, then her renunciation of British citizenship would not have affected her Irish citizenship.

And, if she had to successfully reclaim her citizenship, would this in any way affect those chances or those of my minor siblings?

If she formally renounced her British citizenship to acquire or retain another citizenship, she has a once-only chance in life to resume it. Obviously- this could cause loss of the non-British citizenship concerned but not if laws in the other country have changed since then. Example- Malta.

If she resumes British citizenship it doesn't help you but it could allow any under-18 siblings to apply for British citizenship under section 3(1) of the British Nationality Act 1981. See page 15 of guide MN1. How close are these siblings to age 18?
https://www.gov.uk/government/uploads/s ... y_2017.pdf

Thank you for all that! Unfortunately, it was a formal renunciation (I have a copy of the form signed and stamped by the Embassy). The country in question is, in fact, Malta, funnily enough! My siblings are aged 6 and 13, so maybe we can at least manage with them. Thanks again for your help!

CR001 wrote:Maybe Ancestry via if you are from a commonwealth country with a UK born grandparent?

Both Commonwealth and EU (Malta) so, for the time being, I'm okay... Two years from now, however, who knows!

Thanks for the suggestion.

mikeym wrote:Thank you for all that! Unfortunately, it was a formal renunciation (I have a copy of the form signed and stamped by the Embassy). The country in question is, in fact, Malta, funnily enough! My siblings are aged 6 and 13, so maybe we can at least manage with them. Thanks again for your help!

Before its laws changed (February 2000), Malta was quite efficient in ensuring that dual Maltese/other citizens formally renounced their other citizenship between age 18 and 19. Most of those resident in Malta did so- facing loss of economic/social rights and with not so many options at that age to move to their other country independently. Former British citizens can get back their citizenship, as can former Australians (since 2007). Those who renounced American, Canadian or New Zealand citizenship do not have the same options.

Regarding your siblings, the policy that allows them to register as British citizens is discretionary and could change anytime- so it would be recommended for your mother to act at top speed to get her own British citizenship back and have them registered as British citizens. Ironically- due to a loophole-since they would be registered as British under section 3(1) of the Act and without a British parent when they were born, as far as I understand they would become British citizens otherwise than by descent.