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Status of Son and Grandsons of CUKC

Posted: Sun Aug 21, 2022 5:19 am
by Vilayat1
Hi My first ever Immigration post.

My Dad was Born in India (Currently Pakistan) in 1935 and later on he moved to UK in late 60's and got

Registration Certificate issued in london in 1973, Register as United Kingdom and Colonies.

My DOB is December 1976, My dad never Register me as British, as far as in my knowledge.

My dad passed away 5 years ago,

I am well settled person in Pakistan, Never thought to move out of country, But current situation of Pakistan force me to secure second citizenship.

Now my Question are,

Can i apply Right of Abode visa through VFS to come UK?

Do i need to Register myself in BHC or apply British passport without Registration?

Once my Application sorted , Can i pass on British Nationalty to my kids??

I got my Dad,s Original CUKC Certificate, His current and all old passports.

Whats the list of Documents i need to Submit?

My Father married to my Mother in 1968,But on that time there was No documention for marriage in Pakistan so cant prove they married as they both passed away.

Please Suggest me whats the steps i can take to sort out this issue.

Thanks

Re: Status of Son and Grandsons of CUKC

Posted: Sun Aug 21, 2022 7:25 am
by vinny
Where were you born? Presumably, in Pakistan?
Does his Registration certificate specify the applicable Section of the then prevailing British Nationality Act?

Without marriage documents, you may have problems proving that they were married to each other.

Re: Status of Son and Grandsons of CUKC

Posted: Sun Aug 21, 2022 10:13 am
by secret.simon
Also, how old are your children? Presumably they were also born in Pakistan.

Re: Status of Son and Grandsons of CUKC

Posted: Sun Aug 21, 2022 11:38 am
by Vilayat1
Thanks guys for your replies.

Me and my both kids born in Pakistan, Kids age 11 and 18.

Here is wording that writtenon Certificate,



BRITISH NATIONALITY ACTS

CERTIFICATE OF REGISTRATION AS A CITIZEN OF THE UNITED KINGDOM AND COLONIES

This certificate, which is valid only if it bears the embosned stamp of the Home Office, confirms

that the person named below has been registered an a citizen of the United Kingdom and Colonien.

It does not certify the accuracy of the personal particulars, which are those supplied by the person

who made the application. Any unauthorised alteration may ronder this certificate invalid.

Re: Status of Son and Grandsons of CUKC

Posted: Sun Aug 21, 2022 12:00 pm
by secret.simon
Is there any part of the registration certificate that states "Section"?

The Section that the registration certificate was issued under can have an impact on whether the status is inheritable or not.

As for the grandchildren, it is likely that the elder grandchild (the one who is already 18 years old) will not be able to benefit from grandfather's registration in the UK. They are already an adult in the eyes of the law and will need to find their own way to the UK.

As a rule of thumb, British citizenship can only be inherited one generation outside the UK. If your father's registration made his status inheritable, then you are that one generation born outside the UK.

There may be possibilities for the younger child if it turns out that you are a British citizen by descent AND move to the UK with the younger child and your spouse before the younger child's 15th birthday and reside in the UK en famille for at least three consecutive years.

Once we know what section your father was registered under, we can advise on whether you can apply for a British passport or CoE-RoA if you prefer that and the options for the rest of your family.

Re: Status of Son and Grandsons of CUKC

Posted: Sun Aug 21, 2022 7:52 pm
by Vilayat1
No Section mentioned
Even No word Section in whole letter.

Re: Status of Son and Grandsons of CUKC

Posted: Sun Aug 21, 2022 8:08 pm
by CR001
Vilayat1 wrote:
Sun Aug 21, 2022 7:52 pm
No Section mentioned
Even No word Section in whole letter.
What does the certificate of registration as re section?

Re: Status of Son and Grandsons of CUKC

Posted: Tue Aug 23, 2022 1:15 am
by secret.simon
Vilayat1 wrote:
Sun Aug 21, 2022 7:52 pm
No Section mentioned
Even No word Section in whole letter.
I'll advise below based on the assumption that the British citizenship of your father is inheritable. That assumption could be wrong (depending on the Section of the BNA 1948 that he was registered under) and therefore the rest of the advice could be redundant.

You can only have automatically inherited your British citizenship from your father (before 2007) if your father was married to your mother. You will of course need documentary proof of that.

If you do not have documentary proof of that, you may need to register as a British citizen on Form UKF, as the child of an unmarried British father. Hopefully he is named on your birth certificate and the birth certificate is issued within 12 months of your birth.

So, to summarise at this point, to prove British citizenship, you will need your father's registration certificate, your own birth certificate and your parents' marriage certificate. If you do not have the last document, you are not a British citizen, but can apply to become one with the first two (and also read the guidance linked to above).

Note that once you get your British passport, your challenges will only have just started. British citizenship gives only you the right to move to the UK, not the rest of your family.

To bring your spouse and your younger child to the UK, you will need to show
(a) an income of at least £22,400 per annum in the country you are resident in now AND a confirmed job offer in the UK paying at least as much, or,
(b) an income of at least £22,400 in the UK (for six months if you are salaried and 12 months if variable income)-this option will require you to move to the UK on your own without your family for those six or 12 months, or,
(c) savings of at least £72,000 held in an accessible ban account for at least six months.

The fees for their applications will be ~£1,500 each + £1,800 each for their Immigration Health Surcharge. This visa would be valid for 2.5 years after which they need to reapply for another visa of the same nature, with concomitant fees.

So, to summarise, it is going to be a long, difficult journey ahead for your family and you.