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UKM Application for Mother with CUKC Status

Posted: Sun Mar 17, 2019 11:13 am
by Thakks
Hi
I am wondering if i am eligible to make an application for british citizenship using UKM form with details below

I was born in 1981 in India and hold Indian passport I have been in UK since 2010 on student visa
My mom was born in 1956 in Aden, Yemen and have CUKC nationality status on her passport dated 1976. I can see on her passport that Right of Abode was checked out i.e. she had immigration control
My mom is in UK since 1994, she migrated to india in 1976 after marrying my father who was holding Indian passport at that time.
My father is holding British citizenship through Naturilisation from 2018
My maternal grand father was born in 1919, in Aden, Yemen.
My maternal grand father passport issued in 1978, shows his citizenship as CUKC. I can also see Special Voucher Settlement Visa stamp on the same passport and also i can then see he was given ILR in 1985.

So do i have any valid path to claim British Citizenship? I understand i need my mom to have Right of Abode along with CUKC to claim British Citizenship. I was wondering does it make any claim valid as my maternal grand father had CUKC status with ILR, though after my birth.

Any advise much appreciated and thanks for reviewing anyway.

Re: UKM Application for Mother with CUKC Status

Posted: Sun Mar 17, 2019 9:15 pm
by sunburn
The short answer would seem to be no - neither your mother nor grandparent have close ties to UK before your birth . You’d have to naturalize on your own .

Re: UKM Application for Mother with CUKC Status

Posted: Tue Mar 26, 2019 11:34 pm
by Thakks
Okay thanks @sunburn for you response, thought heart breaking but much appreciated for looking in to it.

Re: UKM Application for Mother with CUKC Status

Posted: Wed Mar 27, 2019 8:46 am
by secret.simon
What was the status stated on your mother's British passports post 1983? Was it British citizen or British Overseas Citizen?

In order to apply for UKM, your mother would have required Right of Abode along with CUKC at the time of your birth, as you have correctly surmised.

While she had CUKC, it is unlikely if she had the Right of Abode, unless either she, one of her parents or grandparents was born, naturalised or registered as a CUKC in the UK itself. Was any of the latter the case?

Re: UKM Application for Mother with CUKC Status

Posted: Wed Mar 27, 2019 3:08 pm
by sunburn
The OP states that his mothers CUKC passports did not have a Right of Abode endorsement and that she was subject to immigration control .

That statement, along with the other circumstances, indicates she was a CUKC w/o ROA , who all became BOCs rather than BCs in 1983 .

Re: UKM Application for Mother with CUKC Status

Posted: Thu Mar 28, 2019 12:04 am
by Thakks
Yes @sunburn @secret.simon, my mom citizenship status was CUKC without Right of abode and so was my mom's father. But also as mentioned my mom's father had received ILR in 1985, while i was born in 1981. My mom received British Overseas Passport.
Pics of my grandfather passport available here https://photos.app.goo.gl/idFtoZ2Mz8fTdCAu9

Image

Re: UKM Application for Mother with CUKC Status

Posted: Thu Mar 28, 2019 12:58 am
by sunburn
The UKM route is meant for a small subset of people to whom specific conditions apply. The problem in your case is that your mother and her father do not have ties to UK beyond a historical political connection to another place, and were not born or naturalized there.

As far as I understand, even if she gained right of abode prior to your birth due to continuous residence in UK for >5 years, it would not confer right to registration via UKM as she was not a CUKC by birth, adoption, registration or naturalization in the UK.

Regardless, circumstances of the past may be immutable, but the future is in your hands .

Re: UKM Application for Mother with CUKC Status

Posted: Thu Mar 28, 2019 1:12 am
by Thakks
Both my mother and her father were born in Aden, Yemen and got cukc through birth in Aden if that make any difference. Also my mom 4 brother have settled here through voucher(shown on one of the passport image) like their dad and all have British citizenship now. They all had cukc before..
Also I got lost when you mentioned, future is in my hand :?

Re: UKM Application for Mother with CUKC Status

Posted: Thu Mar 28, 2019 2:27 am
by sunburn
Aden was a colony and that’s partly why your mother is not able to pass citizenship to you - she (or within certain circumstances her father) had to have been born in UK specifically, and not in a former colony .

By the future I meant that you can’t use past circumstances towards your efforts , but that you can switch to a status that allows you to accrue ILR (assuming you’re still a student and that doesn’t offer an ILR path) and subsequently naturalize .

Re: UKM Application for Mother with CUKC Status

Posted: Thu Mar 28, 2019 7:41 pm
by Thakks
okay, so basically tough luck. Thanks for so helpful :)