Immigrationboards.com

1.My grandfather was born in Fujian, China in 1900. He followed my Great-grandfather into Burma in 1909. At that time, is was a British Indian burma province and was naturalized as a British subject. My grandmother was born in Fujian, China in 1906. After marrying my grandfather in 1923, she also became a British subject. (I can’t find the naturalization certificate for grandparents, but I have a travel document issued by the British Burma Government and UNRRA in 1947. My grandmother is the main document holder. Her children, including my father ’s name, are on the back of the travel document. The certificate is led by the UNRRA(United Nations Relief and Rehabilitation Administration) and issued by the British Burma Government, proving that my family is a Chinese British Subject , and the UNRRA arranged for the return from China to Yangon, Burma.
2. My father was born in 1933 in Mergui, southern Burma. It was a British Indian Burma province at the time, so he was a British subject.
3. After Burma independent from the United Kingdom on 4.1.1948, according to the Burma Independence Act signed in London in 1947, our Chinese British Subject not belong to Burma's native peoples such as the Burmese , and will not automatically become Burmese citizen. My family did not submit an application for naturalization to the Burma government and maintained their original nationality. After 1.1.1949, my family automatically changed from the British Subject to CUKC (Citizen of The United Kingdom and Colonies).
4. My father returned to China to attend university in 1954, married my mother in 1971, and gave birth to me in 1977.

The paperwork I currently have:

1. British Burma travel documents1947, issued by UNRRA, the British Burma government, and the Republic of China government. The witness is my grandmother (No. 0717), with Chinese and English names on the front, and a group photo. On the back are all the children including my father ’s name, and the documents show that they are Chinese British subjects and Citizens of the Republic of China.

2. British Burma travel documents of my father's sister and brothers (No. 0717A 0717B 0717C, my grandfather ’s name appears on the document) .There is no separate document for children under 12 years old, my father was 12 years old at the time, so he is no document.

3.Inoculation & Vaccination certificate issued by UNRRA and CNRRA (for the above British Burma travel documents, there are corresponding Number), including Chinese and English names.

4. Replic of China Registration certificates of my grandparents and my father were updated after independence on 4 Jan, 1948, proving that they retained the nationality of the Republic of China and also retained the British subjects . They have to become Burmese because it have to give up all their nationalities to be naturalized in Burma.

5. Meeting documents of the Ministry of Foreign Affairs of the Republic of China: including discussions with UNRRA, the British government, and the British Burmese government on the return of Chinese British subjects to Myanmar after World War II.

6. Relevant notarization documents of father and me, birth, marriage, father-son relationship certificate. Because of World War II, my father ’s birth certificate could not be found, and only his Chinese documents proved that he was born in Burma.

So my problem is that according to BNA1948, when I was born in 1977, was I a CUKC ?Do I have the right of abode in the Immigration Act 1971? Am I automatically promoted to British citizen BC or BOC by BNA1981?
How do I find the certificate of naturalisation for my grandparents and father?

The questions that you raise would require an extensive study of nationality law and I would suggest that you engage a lawyer specialising in nationality law if you want a certain answer.

I will briefly attempt to answer your last questions: You would not have had Right of Abode under the Immigration Act 1971, because neither you nor your father or grandfather were born in, registered or naturalised in the UK itself (as opposed to a colony). Because you did not have the Right of Abode in 1983, if (and that is a question that requires much further research) you were a CUKC on 1st January 1983 (by no means a certainty), you would have become a British Overseas Citizen on that date. Note that BOCs do not have the right to reside in the UK. As you also have a Republic of China nationality (it is possible that both the PRC and RoC may consider you their nationals), you are not eligible to register yourself as a British citizen based on your BOC.

So, to sum up the paragraph above, if you were born a CUKC, you would now be a BOC.

It seems that the Burma Independence Act 1947 removed British subject status from all people born in Burma (see page 882 of Fransmann's British Nationality Law), including your father. Some of these Burmese former British subjects could then resume their British subject status within two years of 4th January 1948. So, what you want is proof that your father resumed his British subject status before 1950.

The National Archives at Kew may have copies of such declarations of resumption of British subject status. You may want to contact them and verify whether they have proof of such resumption.

Also see this brief (out-of-date as it does not include the Immigration Acts 2014 & 2016) history of the Immigration Acts, of the history of British nationality and British Nationality Acts through the ages on the Gov.UK website.

Further Reading
British Nationality and Status of Aliens Act 1914 (as enacted)
British Nationality Act 1948 (as enacted)
Immigration Act 1971 (as enacted) - Pay particular attention to Section 2
British Nationality Act 1981

Thank you for your answer.

Q1、It seems that the Burma Independence Act 1947 removed British subject status from all people born in Burma (see page 882 of Fransmann's British Nationality Law), including your father. Some of these Burmese former British subjects could then resume their British subject status within two years of 4th January 1948. So, what you want is proof that your father resumed his British subject status before 1950.

Ans:
Above the document came from the BURMA INDEPENDENCE DOCUMENTS(17th Oct,1947) TREATY BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM AND THE PROVISIONAL GOVERNMENT OF BURMA in London, website: http://www.burmalibrary.org/reg.burma/a ... 00015.html

Burma Independence (A.D. 1947) First Schedule (Section 2) Persons who cease to be British Subjects

First Schedule (Section 2) of the BURMA INDEPENDENCE DOCUMENTS. Persons who cease to be British Subjects
1. The persons who, being British subjects immediately before the appointed day, are, subject to the provisions of section two of this Act, to cease on that day to be British subjects are the following persons, that is to say -
(a) persons who were born in Burma or whose father or paternal grandfather was born in Burma, not being persons excepted by paragraph 2 of this Schedule from the operations of this sub-paragraph; and
(b) women who were aliens at birth and became British subjects by reason only of their marriage to any such person as is specified in sub-paragraph (a) of this paragraph.

But behind the same document, it proves that my family include my father still retains the citizenship of the British subject because he meets the exception clause.
2. (1) A person shall be deemed to be excepted from the operation of sub-paragraph (a) of paragraph 1 of this Schedule if he or his father or his paternal randfather was born outside Burma in a place which, at the time of the birth, -
(a) was within His Majesty's dominions, was a British protectorate, was a British protected state, was a territory in respect of which a mandate from the League of Nations had been accepted by His Majesty and which was under the administration of the Government of any part of His Majesty's dominions or was a territory under the trusteeship system of the United Nations which was under the administration of the Government of any part of His Majesty's dominions; or
(b) was a place where, by treaty, capitulation, grant, usage,sufferance or other lawful means, His Majesty had jurisdiction over British subjects: Provided that a person shall not be excepted under this sub-paragraph from the operation of the said sub-paragraph (a) by virtue of the place of birth of his father or paternal grandfather unless his father or, as the case may be, his paternal grandfather, was at some time before the appointed day a British subject.
(2) A person shall also be deemed to be excepted from the operation of the said sub-paragraph (a) if he or his father or his paternal grandfather became a British subject by naturalization or by annexation of any territory which is outside Burma.
(3) Where, in pursuance of the British Nationality and Status of Aliens Act, 1914, the name of a child has been included in a certificate of naturalization granted to his parent, or where, in pursuance of any Act repealed by that Act, any child has been deemed to be a naturalized British subject by reason of residence with his parent, that child shall, for the purposes of this paragraph, be deemed to have become a British subject by naturalization.

This situation is in line with the 2. (1) A person shall be deemed to be excepted from the operation of sub-paragraph (a) of paragraph 1 of this Schedule if he or his father or his paternal grandfather was born outside Burma in a place which, at the time of the birth.

Second, my grandfather and my grandmother are Chinese who are naturalized in the British subjects in Burma by BNA1914. This is in line with (2) A person shall also be deemed to be excepted from the operation of the said sub-paragraph (a) if he or his father or his paternal grandfather became a British subject by naturalization or by annexation of any territory which is outside Burma.

Third,In Documents officially released by UK goverment.Some British subjects who did not become Burmese became CUKC under section 12(4) if not a potential or actual citizen of a section1(3) country. website link:https://assets.publishing.service.gov.u ... 1.0EXT.pdf

Therefore, according to the above points, my father did not lose the status of British subjects after Burma independence 4 Jan,1948 , and automatically became CUKC after the British Nationality Act 1948 came into effect on 1 Jan, 1949.

Q2、You would not have had Right of Abode under the Immigration Act 1971, because neither you nor your father or grandfather were born in, registered or naturalised in the UK itself (as opposed to a colony). Because you did not have the Right of Abode in 1983, if (and that is a question that requires much further research) you were a CUKC on 1st January 1983 (by no means a certainty), you would have become a British Overseas Citizen on that date. Note that BOCs do not have the right to reside in the UK.

Ans:
I found my family's (include my father brother and sister) 1947 British Burma government travel document, which can further prove that my grandfather and grandmother are British subject in1947, and my grandmother became a citizen of citizenship because she married her husband(my grandfather) . Under British Nationality and Status of Aliens Act 1914 (Part III General National Status of Married Women and Infant Children 10 National status of married women (1)Subject to the provisions of this section, the wife of a British subject shall be deemed to be a British subject, and the wife of an alien shall be deemed to be an alien.)

So my grandfather and my grandmother and their childrens (include my father ) was a British subject by BNA1914 .

A:
According to BNA1914, 1915-1946,the British subjects who are naturalized are all imperial certificate of naturalisation by the Secretary of State, considered naturalization across the UK,so my grandfather were naturalised in the UK itself.My grandparents are all Chinese British Subject by BNA1914,so my father and I had the right of abode in UK.

BNA1914
Part II Naturalization of Aliens 2.Certificate of naturalizationCertificate of naturalization
(1)The Secretary of State may grant a certificate of naturalization to an alien who makes an application for the purpose, and satisfies the Secretary of State—
(a)that he has either resided in His Majesty's dominions for a period of not less than five years in the manner required by this section, or been in the service of the Crown for not less than five years within the last eight years before the application; and

3.Effect of certificate of naturalization
(1)A person to whom a. certificate of naturalization is granted by a Secretary of State shall, subject to the provisions of this Act, be entitled to all political and other rights, powers, and privileges, and be subject to all obligations, duties, and liabilities, to which a natural-born British subject is entitled or subject, and, as from the date of his naturalization, have to all intents and purposes the status of a natural-born British subject.
(b)that he is of good character and has an adequate knowledge of the English language;

B:
Immigration Act 1971 c. 77 3(d) he is a Commonwealth citizen born to or legally adopted by a parent who at the time of the birth or adoption had citizenship of the United Kingdom and Colonies by his birth in the United Kingdom or in any of the Islands.
https://www.bailii.org/ew/cases/EWCA/Civ/2016/118.html
SECRETARY OF STATE FOR THE HOME DEPARTMENT IZE-IYAMU

The judge has ruled that as long as my grandparents are British subjects by BNA1914, my father and I also have the right of abode in UK.

Did you read the judgment you linked to in its entirety? Their Lordships have come to the same interpretation of the law as me. The judgment illustrates precisely what I have said above; that even if you had CUKC status at birth, you definitely don't have Right of Abode.

6....it can be seen that the broad scheme of the legislation was that the right of abode was restricted to those citizens of the United Kingdom and Colonies who had acquired that status in the United Kingdom, or one of whose parents or grandparents had himself acquired that status in the United Kingdom.

Note that not only does the term "United Kingdom" not include former colonies, it does not even include present Overseas Territories.

Schedule 1 of the Interpretation Act 1978 states "“United Kingdom” means Great Britain and Northern Ireland. [12th April 1927]". Great Britain is the island that comprises of England, Scotland and Wales. The rest of the British Empire, former or present, does not count for the purpose of Right of Abode.

The argument you are making is contained in Paragraph 10 of the judgment, as being the reasoning of the First-Tier Tribunal, which was dismissed by the Court of Appeal. See Paragraph 24.

Both the First-tier Tribunal and the Upper Tribunal reached the wrong conclusion because they failed to have regard to the detailed language of the legislation.

Also see Paragraph 17 of the judgment.

In order for the respondent to have acquired the right of abode under that section, therefore, it would be necessary for his mother at the date of his birth to have acquired the status of a citizen of the United Kingdom and Colonies in the United Kingdom by birth, adoption, naturalisation or registration (none of which was the case) or to have been born to or legally adopted by a parent who at the time of her birth or adoption "so had it."

In your case, substitute "father" for "mother", but the rest stands.

Paragraph 18

The whole thrust of section 2 as originally enacted was to limit the right of abode to those who had a direct or indirect link to this country through the acquisition here of the status of a citizen of the United Kingdom and Colonies.

colinyellow wrote: ↑

Tue May 26, 2020 7:46 am

According to BNA1914, 1915-1946,the British subjects who are naturalized are all imperial certificate of naturalisation by the Secretary of State, considered naturalization across the UK,so my grandfather were naturalised in the UK itself.

Errr, no. If he was naturalised in Burma, he was by definition not naturalised in the UK. The requirement is not to have been naturalised in the British Empire, but in the United Kingdom itself.

The concept of British citizenship has narrowed with the Empire and the UK restricted the rights of Citizens of the UK and Colonies to move to the UK through the Immigration Act 1971 and earlier Acts. Please read the articles I have linked to towards the end of my earlier post.

Also, your grandfather's naturalisation would be irrelevant anyway, as his son, your father, was born in Burma. As I have pointed out above, all British subjects born in Burma lost their British subject status by Act of Parliament (the Burma Independence Act 1947), but they could resume it by application. So, if your father did not resume it, he would have lost it in 1948.

colinyellow wrote: ↑

Tue May 26, 2020 6:47 am

This situation is in line with the 2. (1) A person shall be deemed to be excepted from the operation of sub-paragraph (a) of paragraph 1 of this Schedule if he or his father or his paternal grandfather was born outside Burma in a place which, at the time of the birth.

You have not seen the two requirements listed for that clause to apply to you.

colinyellow wrote: ↑

Tue May 26, 2020 6:47 am

2. (1) A person shall be deemed to be excepted from the operation of sub-paragraph (a) of paragraph 1 of this Schedule if he or his father or his paternal randfather was born outside Burma in a place which, at the time of the birth, -
(a) was within His Majesty's dominions, was a British protectorate, was a British protected state, was a territory in respect of which a mandate from the League of Nations had been accepted by His Majesty and which was under the administration of the Government of any part of His Majesty's dominions or was a territory under the trusteeship system of the United Nations which was under the administration of the Government of any part of His Majesty's dominions; or
(b) was a place where, by treaty, capitulation, grant, usage,sufferance or other lawful means, His Majesty had jurisdiction over British subjects: Provided that a person shall not be excepted under this sub-paragraph from the operation of the said sub-paragraph (a) by virtue of the place of birth of his father or paternal grandfather unless his father or, as the case may be, his paternal grandfather, was at some time before the appointed day a British subject.

People born outside Burma, but in a place that was a British colony or protectorate, retained their British subject status. The place of birth outside Burma had to meet either condition (a) or (b) for the person to retain British subject status.

colinyellow wrote: ↑

Tue May 26, 2020 6:47 am

Second, my grandfather and my grandmother are Chinese who are naturalized in the British subjects in Burma by BNA1914. This is in line with (2) A person shall also be deemed to be excepted from the operation of the said sub-paragraph (a) if he or his father or his paternal grandfather became a British subject by naturalization or by annexation of any territory which is outside Burma.

On the contrary, they were naturalised as British subjects, in Burma. Therefore, this provision would not exempt them.

As stated in the document published by HMPO, because I cannot upload the PDF, I will reply the text.

Excepted from Loss On 4.1.1948

I. Person who was a British subject born in a Dominion outside Burma, in a Protectorate, Protected State, Mandated or Trust Territory or in a place where the Crown exercised jurisdiction over British Subjects
II. Person whose Father or Paternal Grandfather was a British subject as above
III. Person or Father or Paternal Grandfather granted Imperial certificate of naturalisation. Father or Paternal Grandfather granted local certificate of naturalisation in Burma
IV. Person who had become or whose Father or Paternal Grandfather had become British Subjects through the annexation of a territory outside Burma
V. Women who immediately before 4.1.48 were the wives** of British Subjects who did not lose British nationality under the Burma Independence Act 1947

The above are the five exceptions listed in the HMPO document. The situation you mentioned is only the situation in the first article, and my situation is in line with the third.(III. Person or Father or Paternal Grandfather granted Imperial certificate of naturalisation. Father or Paternal Grandfather granted local certificate of naturalisation in Burma ) .It does not require naturalization outside Burma.

Can you send me your email? I can't upload more PDF documents. In these cases, HMPO has independent training materials for Burma , and there are forms for which cases of losing British citizenship.

I hope you can give me more advice.

Members (that includes all of us) are not allowed to post any personal contact information on these forums.

If you have an link to the HMPO document, just copy and paste the link to the document in your post.

If it is a document that HMPO sent you by email, then upload it to Google Drive or Onedrive and copy-paste the link to the document there.

https://www.whatdotheyknow.com/request/ ... sthrough=1

\FOI 37462 Mr Ng P1\Pdf master\Burma - pdf\Burma QRG v2.1.PDF
\FOI 37462 Mr Ng P1\Pdf master\Burma - pdf\Burma v2.2.PDF


https://www.whatdotheyknow.com/cy/reque ... ed_to_eqcs
Guidance provided to EQCs

secret.simon wrote: ↑

Wed May 27, 2020 7:34 am

Members (that includes all of us) are not allowed to post any personal contact information on these forums.

If you have an link to the HMPO document, just copy and paste the link to the document in your post.

If it is a document that HMPO sent you by email, then upload it to Google Drive or Onedrive and copy-paste the link to the document there.

I just copy and paste the link to the HMPO document in my post.Can you see that?

We can see them. It takes a while to go through them.

secret.simon wrote: ↑

Sun May 31, 2020 3:09 pm

We can see them. It takes a while to go through them.

The content in the above HMPO file can support my point of view, I copy as follows:

\FOI 37462 Mr Ng P1\Pdf master\Burma - pdf\Burma v2.2.PDF

P5 Burmese Independence
P8
.Burma became an independent country on 4 Jan 1948
.The only country to gain independence from the UK before 1 Jan 1949 (one year earlier than other countries)
.Did not become part of the Commonwealth and was therefore not added to the list of 1(3) countries as part of the BNA’ 48
.As Burma was granted independence before 1 Jan 1949, we have to consider whether or not British Subject status was lost
.Act defined who was BSBB at 4 Jan 1948 and who was not
.No one born in Burma after independence will be a British Subject by Birth

P9 Loss of British Subject Status
A person did not have to become a citizen of Burma to lose British Subject status
Upon independence, the following lost BS (subject to exceptions):
. A person born in Burma
. A person whose father was born in Burma
. A person whose grandfather was born in Burma
. Women who were aliens at birth and became BS by marriage to a BS who fell into one of the above categories
It is irrelevant when looking at British Nationality law whether an applicant acquires Burmese citizenship

P10 Exceptions to loss
.Persons who was a British subject born in the Crown dominions outside Burma, or in a Protectorate, Protected State, Trust Territory or ETJ Country
. Persons whose father or paternal grandfather were British Subjects and fell into the above category
. Persons who, or whose father or paternal grandfather had been granted an imperial certificate of naturalisation
. Persons whose father or paternal grandfather had been granted a local certificate of naturalisation in Burma
. Women who immediately before 4/1/48 were the wives of British subjects who did not lose British nationality under the Burma Independence Act.

P11 Trainer Led Example

	BNSAA‘14	4 Jan1948
App’t born Burma 1937	BSBB	Retain
:-----------------------------------------------	:-----------:	-------------:
Father born France 1910
Local Certificate of Naturalisation	No BS	No BS to lose

P12 Trainer Led Example

	BNSAA‘14	4 Jan1948
App’t born Burma 1940	BSBB	Lose
:------------------------------	:-----------:	-------------:
Father born Burma 1915	BSBB	Lose
:------------------------------	:--------- --:	-------------:
Paternal Grandfather born
Burma 1890	BSBB	Lose

P13 Trainer Led Example

	BNSAA‘14	4 Jan1948
App’t born Burma 1940	BSBB	Retain
:------------------------------	:-----------:	-------------:
Father born Burma 1915	BSBB	Retain
:------------------------------	:-----------:	-------------:
Paternal Grandfather born
Burma 1890	BSBB	--

P19 Burma Declaration
P22 Key Points
. Only those Burmese British Subjects specified in the Act lost their British Subject status i.e.
. Generally those born, or with a father or paternal grandfather born in Burma, ceased to be British Subjects

. A wide variety of British Subjects were excepted from loss

. Some of those not excepted from loss could nevertheless elect to retain British Subject status by making a declaration within two years of Burmese Independence

Even assuming that, keep in mind that you will not have Right of Abode, as stated in the judgment that you linked to as well as in my reading of the law. So you may be able to apply for a BOC passport, but are not a British citizen with Right of Abode in the UK.

Also, to the best of my knowledge, BOC status can't be passed onto your children born after 1983.

My first adult UK passport was rejected on application to HMPO Liverpool office. After many complaints, I still received a reply letter from feedback@gov.uk. In the letter, feedback@gov.uk still rejected my application for a British passport, but feedback@gov.uk confirmed in the letter that my grandfather was naturalized British subject in Burma, but thought my father was born in Burma, so losing British subject status when Burma gained independence in 1948 automatically became Burmese citizen.

But this is wrong, both the 1947 Burma Independence Document and the Burma section of the HMPO guidance can attest that my father remained a British subject after Burma's independence.

I have submitted this HMPO guidance multiple times and it has been ignored by the Liverpool office and feedback@gov.uk. I followed the link in the letter to submit a third stage complaint, and liverpool@gov.uk forwarded my complaint to feedback@gov.uk for processing, and feedback@gov.uk responded the same reply, entering a strange loop.

So what should I do?


here is the original of feedback@gov.uk

I apologise for the delay in responding to you.

I understand your parents naturalised in British Burma and believe the documents sent in support of your passport application to be proof of British nationality.

You asked for re-consideration of the decision to fail the request on the grounds of no claim.

As requested, I reviewed your passport application. As your father was born in Burma, he automatically became a citizen of that country when it became independent on 4 January 1948. This includes people who were naturalised in a country outside the UK.

To be considered as a British citizen, any naturalisation certificate must be produced by the Home Office in London.

Therefore, the documents supplied could not be considered for the purpose of establishing British nationality. Your passport application was subsequently withdrawn, and the fee retained in line with our policies and procedures.

The Home Office has a dedicated Complex Nationality helpline which can be contacted on +44 (0) 300 123 2253 if further information is required.

I appreciate your predicament. However, British nationality is a matter of law and not something HM Passport Office has any control over. I am unable to assist any further.

The Parliamentary and Health Service Ombudsman (PHSO) advises: in fairness to other complainants unless you have a new point, we will now regard this correspondence as closed.

Should you remain dissatisfied with our response, the next stages of our complaint process can be found at the following link:

https://www.gov.uk/government/organisat ... -procedure
(PS: the parents here should be grandparents,feedback@gov.uk made a very unprofessional mistake)

Documentary proof of source

A. BURMA INDEPENDENCE DOCUMENTS(17th Oct,1947) TREATY BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM AND THE PROVISIONAL GOVERNMENT OFBURMA in London, document website(http://www.burmalibrary.org/reg.burma/a ... 00015.html)
First Schedule (Section 2)
2. (1) A person shall be deemed to be excepted from the operation of sub-paragraph (a) of paragraph 1 of this Schedule if he or his father or his paternal grandfather was born outside Burma in a place which, at the time of the birth, -
(a) was within His Majesty's dominions, was a British protectorate, was a British protected state, was a territory in respect of which a mandate from the League of Nations had been accepted by His Majesty and which was under the administration of the Government of any part of His Majesty's dominions or was a territory under the trusteeship system of the United Nations which was under the administration of the Government of any part of His Majesty's dominions; or
(b) was a place where, by treaty, capitulation, grant, usage, sufferance or other lawful means, His Majesty had jurisdiction over British subjects: Provided that a person shall not be excepted under this sub-paragraph from the operation of the said sub-paragraph (a) by virtue of the place of birth of his father or paternal grandfather unless his father or, as the case may be, his paternal grandfather, was at some time before the appointed day a British subject.
(2) A person shall also be deemed to be excepted from the operation of the said sub-paragraph (a) if he or his father or his paternal grandfather became a British subject by naturalization or by annexation of any territory which is outside Burma.
(3) Where, in pursuance of the British Nationality and Status of Aliens Act, 1914, the name of a child has been included in a certificate of naturalization granted to his parent, or where, in pursuance of any Act repealed by that Act, any child has been deemed to be a naturalized British subject by reason of residence with his parent, that child shall, for the purposes of this paragraph, be deemed to have become a British subject by naturalization.

HMPO Guidance provided to EQCs
Uner the Freedom of information Act 2000,HM Passport Office has also published on the policy documents provided to Examiner Quality Consultants on
whatdotheryknow website, including Burma.(Guidance provided to EQCs
https://www.whatdotheyknow.com/request/ ... ing-751209)

\FOI 37462 Mr Ng P1\Pdf master\Burma - pdf\Burma QRG v2.1.PDF
\FOI 37462 Mr Ng P1\Pdf master\Burma - pdf\Burma v2.2.PDF
\FOI 37462 Mr Ng P1\Pdf master\Burma - pdf\Burma Declaration v2.0.PDF

The following is part of the content copied from the document.
Burma QRG v2.1 Excepted from Loss On 4.1.1948
III.Person or Father or Paternal Grandfather granted Imperial certificate of naturalisation. Father or Paternal Grandfather granted local certificate of naturalisation in Burma

The HMPO Guidance provided to EQCs can proves that my father, because my grandfather was a naturalized Chinese British subject who obtained an Imperial Naturalization Certificate in Burma, my father will not lose his British subject status after Burma’s independence.


P5 Burmese Independence
P8
.Burma became an independent country on 4 Jan 1948
.The only country to gain independence from the UK before 1 Jan 1949 (one year earlier than other countries)
.Did not become part of the Commonwealth and was therefore not added to the list of 1(3) countries as part of the BNA’ 48
.As Burma was granted independence before 1 Jan 1949, we have to consider whether or not British Subject status was lost
.Act defined who was BSBB at 4 Jan 1948 and who was not
.No one born in Burma after independence will be a British Subject by Birth

P9 Loss of British Subject Status
A person did not have to become a citizen of Burma to lose British Subject status
Upon independence, the following lost BS (subject to exceptions):
. A person born in Burma
. A person whose father was born in Burma
. A person whose grandfather was born in Burma
. Women who were aliens at birth and became BS by marriage to a BS who fell into one of the above categories
It is irrelevant when looking at British Nationality law whether an applicant acquires Burmese citizenship

P10 Exceptions to loss
.Persons who was a British subject born in the Crown dominions outside Burma, or in a Protectorate, Protected State, Trust Territory or ETJ Country
. Persons whose father or paternal grandfather were British Subjects and fell into the above category
. Persons who, or whose father or paternal grandfather had been granted an imperial certificate of naturalisation
. Persons whose father or paternal grandfather had been granted a local certificate of naturalisation in Burma
. Women who immediately before 4/1/48 were the wives of British subjects who did not lose British nationality under the Burma Independence Act.

P11 Trainer Led Example
-------------------------------------------------BNSAA‘14--4 Jan1948
:----------------------------------------------- :-----------: -------------:
App’t born Burma 1937 ------------------------BSBB------ Retain
:----------------------------------------------- :-----------: -------------:
Father born France 1910
Local Certificate of Naturalisation ----------No BS--- No BS to lose
P12 Trainer Led Example
--------------------------------BNSAA‘14 4 Jan1948
:------------------------------ :-----------: -------------:
App’t born Burma 1940 -------BSBB------- Lose
:------------------------------ :-----------: -------------:
Father born Burma 1915 ------BSBB -------Lose
:------------------------------ :--------- --: -------------:
Paternal Grandfather born
Burma 1890 -------------------BSBB-------- Lose
P13 Trainer Led Example
--------------------------------BNSAA‘14 4 Jan1948
:------------------------------ :-----------: -------------:
App’t born Burma 1940 ------BSBB--------- Retain
:------------------------------ :-----------: -------------:
Father born Burma 1915 -----BSBB--------- Retain
:------------------------------ :-----------: -------------:
Paternal Grandfather born
Burma 1890 -------------------BSBB ---------- --
:------------------------------ :-----------: -------------:

My father's siuation
--------------------------------BNSAA‘14 4 Jan1948
:------------------------------ :-----------: -------------:
App’t born Burma 1933 ------BSBB--------- Retain
:------------------------------ :-----------: -------------:
Father born China 1900,
Imperial certificate -----------BSBN--------- Retain
:------------------------------ :-----------: -------------:
P19 Burma Declaration
P22 Key Points
. Only those Burmese British Subjects specified in the Act lost their British Subject status i.e.
. Generally those born, or with a father or paternal grandfather born in Burma, ceased to be British Subjects

. A wide variety of British Subjects were excepted from loss

. Some of those not excepted from loss could nevertheless elect to retain British Subject status by making a declaration within two years of Burmese Independence

Burma Workbook Answers v 2.1
P3 7.
--------------------------------BNSAA1914--- Lose/Retain BS Status
App’t born Burma 1937 -------BSBB --------------Retain
:------------------------------ :----------------: -------------:
Father born Burma 1917 -----BSBB --------------Retain
:------------------------------ :--------- ------: -------------:
Paternal Grandfather born
Vietnam1889,Imperial
Naturalisation1909 -----------BSBN --------------Retain
:------------------------------ :-------------- --: -------------:
Addtional Info-Everyone retains through the Patemal Grandfather's Imperial naturalisation certificate.

My father is the same situation.
-------------------------------BNSAA1914 Lose/Retain BS Status
App’t born Burma 1933 -----BSBB ---------Retain
:------------------------------ :-----------: -------------:
Father born China 1900,
Imperial Naturalisation ------BSBN --------Retain
:------------------------------ :--------- --: -------------:
Addtional Info-Everyone retains through the Patemal Grandfather's Imperial naturalisation certificate.

Exercise2 P5
3. -------------------------BNSAA1914 -Lose/Retain BS Status?-- BNA1948
App’t born Spain 1947 ---BSBD---------- Retain ------------------12(4)
:-------------------------- :--------------: ------------------------:--------------:
Father born China 1923-- BSABB ---------Retain ------------------12(4)
:-------------------------- :--------------: ------------------------: ---------------:
Mother born China 1924- BSBM ----------Retain ------------------12(5)
:-------------------------- :----------- --: -------------------------:---------------:
Paternal Grandfather born
Burma 1895 ---------------BSBB -----------Lose--------------------- --
:-------------------------- :--------------: -------------------------: --------------:
Paternal Grandmother born
Burma 1897 ---------------BSBB ------------Lose ------------------- --
:-------------------------- :--------- -----: ------------------------: --------------:
Addtional Info-Father retains as he was born in an ETJ country and become a 12(4).
Applicant retains through his Father being in an ETJ country and becomes a 12(4).

My father's situation:
--------------------------------BNSAA1914--- Lose/Retain BS Status?--- BNA1948
App’t born Burma 1933 ------BSBB ----------Retain--------------------- 12(4)
:------------------------------ :-----------------: ------------------------:-------------:
Father born China 1900 ------BSBN----------- Retain --------------------12(4)
:------------------------------ :--------- --------: ------------------------: ------------:
Mother born China 1906 -----BSBM ---------- Retain --------------------12(5)
:------------------------------ :--------------- --: ------------------------: ------------:


​​​​​​​

BNA1981 S.50 can prove that my father is a British Citizen with ROA by BNA1981.

https://www.legislation.gov.uk/ukpga/19 ... 50/enacted

BNA1981
S.50
"the former nationality Acts" means--

(a) the British Nationality Acts 1948 to 1965;

(b) the British Nationality and Status of Aliens Acts 1914 to 1943; and

(c) any Act repealed by the said Acts of 1914 to 1943 or by the Naturalization Act 1870;

"the United Kingdom" means Great Britain, Northern Ireland and the Islands, taken together;

(6) For the purposes of this Act--

(a) a person shall be taken to have been naturalised in the United Kingdom if, but only if, he is--

(i) a person to whom a certificate of naturalisation was granted under any of the former nationality Acts by the Secretary of State or, in any of the Islands, by the Lieutenant-Governor; or

(ii) a person who by virtue of section 27(2) of the British Nationality and Status of Aliens Act 1914 was deemed to be a person to whom a certificate of naturalisation was granted, if the certificate of naturalisation in which his name was included was granted by the Secretary of State; or

(iii) a person who by virtue of section 10(5) of the Naturalization Act 1870 was deemed to be a naturalised British subject by reason of his residence with his father or mother;

https://assets.publishing.service.gov.u ... t-v1.0.pdf


According to this document,because my grandfather was be taken to have been naturalised in the United Kingdom, I should be a British Citizen by ROA s.2(1)(b)(ii).