Immigrationboards.com

Hi there,

Was wondering if there's anyone on here that can clarify the following situation - which I'm sure affects others too.

My mother is NZ born and a current Australian citizen, but our family has just uncovered a document from the UK government which states she was registered as a UK citizen in the 1970s. She lived in the UK for over 14 years as a child then moved to Australia in her 20s, where she became a Aust citizen. Her mother is British so I just assumed she was British by descent all this time, which ruled me out for citizenship too.

However, am i correct in saying that this document proves that my mother is a UK citizen 'not by descent'? Ie "she gained British citizenship in her own right (not through their parents or grandparents)".

If this is the case, and considering I am born in Australia after 1983, would that make me a UK citizen too?

Thanks in advance,

Did the document mention the section of the British Natinality Act under which they had registered her?

Hi. Thanks for your reply.

It says "British Nationality Acts, Certificate of Registration as a Citizen if the United Kingdom and Colonies". Signed by the Home Office 1973.

No mention of a year next to the Act.

Does it not mention anywhere under which Section of the Act she was registered, i.e. Section 1(1) or Section 3(2) or Section 3(5) or Section 1(2) etc.

Thanks again for your reply.

No mention of a specific Section of the Act under which she was registered. You can see it here: https://ibb.co/nb492Q

I've blanked out her name and address. There's a six digit reference number top right and another (different) 6 digit reference number below signature beginning with a C.

Thanks again

An update. We've also found her old British Passport, issued 1973. It says she has the right to abode in UK. My understanding is that this places her in the category of being a full British citizen today, as opposed to an Overseas British Citizen, which has limited rights.

Thanks again for your help

Back in the 1970s, British mothers could not automatically pass on their citizenship. It wouldn't have been necessary for your mother to have been registered as a U.K. Citizen in 1973 in order to live in Britain- as a New Zealander with a U.K. born mother she already had Right of Abode- but perhaps a far-sighted move either on her part or that of her parents.

Presumably- all this happened before she became an Australian citizen?

To determine whether she became a British citizen "by descent" or not it's necessary to look at Section 14 of the British Nationality Act 1971 and also Section 2 of the Immigration Act 1971, as in force immediately before 1.1.1983.
http://www.legislation.gov.uk/ukpga/1981/61/contents
http://www.legislation.gov.uk/ukpga/197 ... 077_en.pdf (Immigration Act- as originally enacted).

Her certificate was issued by the Home Office (not a Governor or High Commissioner)- so she should be considered "registered in the United Kingdom" and hence had Right of Abode under section 2(1)(a) of the 1971 Act. As a result, as far as I can see from Section 14 of the 1981 Act, she became a British citizen otherwise than by descent on 1.1.1983. Had it been the other way around, and she'd got U.K. citizenship from a British born father rather than her mother- she'd have acquired her Right of Abode under section 2(1)(b) and that would have made her British by descent.

So apparently she's British otherwise than by descent and if you were born in Australia in 1983 or later that makes you a British citizen by descent. Hopefully you're not an Australian federal MP or Senator.

To evidence your own claim to British citizenship- generally a British passport or Right of Abode stamp in an Australian passport would be required.Has your mother got a current British passport?

Also- take great care not to lose the certificate of citizenship because (apparently) the Home Office don't have records for anything before 30 September 1986. https://www.gov.uk/get-replacement-citi ... ertificate
The National Archives may have copies but it would be unwise to rely on that since not all records may be available.

Since your mother is NZ born- you're also a New Zealand citizen by descent but need to register your NZ citizenship before you can use it.
http://www.citizenship.govt.nz

Hi JAJ,

Excellent - very much appreciated. I learned about my possible citizenship via the Australian MP debacle. I think there are many more. And yes, I also learned I'm a NZ citizen.

My mother does not have a current British passport, but she does still have her 1973 one that says "right to abode" which, as you say, should mean was a full citizen after 1983 too. Combined with her certificate of 1973 registration and my own proof of being born after 1983, it seems that is enough.

I'll have a closer look at your links.

Again, many thanks,

Cam

Hi there,

I'm applying for a new British Passport from overseas and have noticed all supporting documents need to be originals.

I'm a little concerned as two documents I'm sending are irreplaceable - my mother's original UK citizenship registration certificate from 1972 (which, according to the Home Office website can't be replaced) and her British passport from 1973, which also can't be replaced.

Does anyone have any advice on this? Should I just photocopy them for my own record and send them to Home Office via the most secure method and hope for the best?

Thanks

You need to send originals. Always keep copies of everything you do in regards to HO.

You could of course travel to the UK and do it from here, it is quicker too.

JAJ wrote:Also- take great care not to lose the certificate of citizenship because (apparently) the Home Office don't have records for anything before 30 September 1986. https://www.gov.uk/get-replacement-citi ... ertificate
The National Archives may have copies but it would be unwise to rely on that since not all records may be available.

Try ordering a certified copy of her registration certificate from the National Archives?

Alternatively, the British High Commission may be able to certify her certificate and passport?

Excellent - advice. Thank you. I'll follow up on both those options.

Many thanks

For anyone else in this situation, The National Archive offer a service for £27.4 to search and send a certified replacement of registration certificates between 1949 and 1986. I've just applied. https://www.nationalarchives.gov.uk/con ... 1949-1986/

In addition to the points already made, I see no reason to have to send away her 1973 British passport. Her registration certificate is all that matters. Had she never obtained a British passport- or if it was lost, etc.- it would not be any impediment to getting a new passport.

The option to send copies and request that originals be certified by a diplomatic officer could be there- it would not usually be open, but in unusual circumstances with documents that are particularly difficult to replace?

In addition- send everything by secure method (courier) and investigate if you can pay extra to have documents returned the same way.

Does your mother intend to get a new British passport?