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adnan.undre wrote: ↑Sun Jan 15, 2023 5:18 pmHey guys
Im hoping the knowledgeable people on these forums can confirm or correct my deductions.
So my aunt, who was born overseas, has a British passport as her father was in the UK working. Now her passport has expired but I'm sure it will be relatively simple to renew. She however has children all adults all born overseas too. Now as I understand, she can't pass down her citizenship to her children as she AND them are born out of UK.
Am I correct or am I getting my wires crossed? Correct, she can't pass on British Citizenship to her adult children born outside the UK.
Also is there another route in which they may apply? The need to make their own way to the UK, and find their own immigration path.
Many thanks in advance
How/in what role was her father working? Was her father either naturalised or registered as a CUKC?
Thanks for the reply. No he wasn't he was also born overseas. He was here in the UK working for Dunlop in Manchester for 30 years. Then after retirement left the country to live with his family. Sadly he has departed the world.meself2 wrote: ↑Mon Jan 16, 2023 10:42 amWas aunt's father (kids' grandfather) born in the UK?
If yes, theoretically there's an option of an Ancestry visa (https://www.gov.uk/ancestry-visa), depending on kids' nationality and their eligibility.
Thanks for the reply. My aunt was born in Tanzania April 67, her father was born in India I think, so naturalized UK.secret.simon wrote: ↑Mon Jan 16, 2023 11:47 amThe answer may not be as clearcut as it seems. British nationality law has evolved considerably over the past century.
To advise more correctly, we'd need answers to a few questions.
When (month/year) and where was your aunt born?
How/in what role was her father working? Was her father either naturalised or registered as a CUKC?
Was she registered as a British citizen or a CUKC and if so where? Does she still have the registration certificate? That may be very important. It may be worth checking at the National Archives (also see this video by them) to see if either she or her father were registered or naturalised as British citizens or a CUKCs.
Also, did her last British passport state her nationality as "British Citizen" or as something else (and if the latter, what)?
Thanks for the reply, please enlighten me with what CUKC means.secret.simon wrote: ↑Tue Jan 17, 2023 12:07 amWas your aunt's father naturalised (or more likely registered) as a CUKC before her birth?
Would your family have his naturalisation/registration certificate?
If he was registered/naturalised after the birth of his daughter/your aunt, there is a chance that your aunt may have been separately registered as a CUKC, which may have an impact on whether her children can claim citizenship.
As I mentioned in my earlier post, it may be worth checking with the National Archives.
‘CUKC’ (citizen of the UK and Colonies), in relation to a time before 1 January 1949, means a British subject (so, if the claimant was then a British subject, residence in the UK before 1 January 1949 will count for the purposes of section 2(1)(c)).
Wow that does sound complicated. Well I'll have a look at the archives and get in touch with the authorities in regards to status of CUKC and RoA.secret.simon wrote: ↑Tue Jan 17, 2023 11:40 amThank you, vinny. My fault that I was using jargon.
British nationality law has a complex history. Before 1949, all people who owed allegiance to the Crown, across the Commonwealth, were all British subjects. The 1940s started seeing the development of citizenships in the modern sense. in 1949, those British subjects who were related by birth or descent to the UK or one of its colonies became Citizens of the United Kingdom and Colonies, CUKCs for short.
In the 1960s and early 1970s, as more and more colonies became independent, in order to avoid a lot of colonial citizens landing in the UK (as an aside, one can see the worry of mass immigration decades before Brexit, when there was free movement between the UK and its colonies), the concept of the Right of Abode was created in 1971, which was limited to those CUKCs who had a direct connection (by birth, registration or naturalisation) with the UK itself, not a colony.
Finally, in 1983, those CUKCs who had the Right of Abode in the UK became British citizens, while those CUKCs without the Right of Abode-RoA (mainly CUKCs from the colonies who had not automatically become citizens of their newly independent countries, such as the Indians resident in Uganda, Kenya and Tanzania) became British Overseas Citizens, who had the right to a British passport (see types), but not the right to live in the UK or the right to pass their status on to their children, which is why I asked you for the details of the last known passport.
That is why, when assessing the claims of somebody born outside the UK before 1983, one needs to analyse much more than the current rules, which have applied since 1983.
As your aunt was born before 1983, she'd have had CUKC status and would have acquired RoA at some time, as her last known passport stated her nationality as "British Citizen". In order to assess if she can pass it on, we need to assess how she acquired each of the two statuses, CUKC and RoA, which she may have done together or separately.
And if she is able to transmit her British citizenship (most likely because she herself was also registered as a CUKC by her father), then HMPO (Her Majesty's Passport Office) will require original documentation of her (your aunt's) status of CUKC and RoA before 1983. Her last known passport will not be sufficient. And even if she were to be able to transmit it, it would be limited to one generation outside the UK. So her grandchildren will definitely not qualify.