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Question about interpretation of the BNA 1948

Posted: Mon Jan 19, 2026 6:38 pm
by unofficiallyBritish
claim-citizenship-t217233.html

Hi Everyone,
About ten years ago I asked a question about my claim to citizenship (link above).
Quick background
My paternal grandparents where born in British India, pre-partition and they moved to East Africa pre-partition as well. They moved back and forth between Uganda and Kenya, but majority of the stay was in Kenya.
My dad was born in Uganda in 1956, and the same year they moved to Kenya, my dad's family moved to the UK in 1971, and my dad remained there until 1987. He married my mom in 1985 (Pakstani ILR). they both moved to LA in 1987, I was born in 1991 in Pakistan but lived in LA my entire life.
I applied for my first British passport in 2009 before my 18th, I was denied because my father couldn't transmit citizenship. This was a first for my family and entire family, all my cousin have dual. My parents aren't really the ones to push back to ask why. I planed on re-applying but life got in the way. In 2017 I did a SAR for my father, the HMPO said my father is a Citizen via 5(1) 1948 and 11(1).
IN 2024 I tried via 4L and was denied, the weight of the discussion was on the inaction of my parents failure to register me, story of my life, a day late and a dollar short.
In 2025, I took my wife and son to the UK and found out that my Grandparents had registered via 6(1) and 6(2), my grandmother registered 9 months after my father was born, grandfather unknown.

Now to the question,
The BNA 5(1) says that a child born to a father who is a cukc "otherwise by decent " then the child is a cukc by decent.

Re: Question about interpretation of the BNA 1948

Posted: Mon Jan 19, 2026 10:26 pm
by secret.simon
unofficiallyBritish wrote:
Mon Jan 19, 2026 6:38 pm
found out that my Grandparents had registered via 6(1) and 6(2)
How did you find that out? Could you get copies of their registration through the National Archives?

Did your grandparents register your father in the UK? Can you get a copy of his registration certificate?

Also, why are you not using your original ID?

By birth in Uganda before 1962, your father would have been a CUKC automatically otherwise than by descent. But he would not have had RoA status. If he then moved to the UK and resided in the UK , he would have acquired RoA status having spent five years in the UK before 1983. Therefore, at that point, on 1st January 1983, he would have acquired British Citizenship otherwise than by descent, in my opinion.

I think the waters have been muddied by the reliance on your grandparents registration certificate, when what you need to focus on is proof of your father's birth in Uganda before 1962 (Uganda's independence) AND proof of your father having resided in the UK for five continuous years before 1983.

It would considerably simplify matters if your father has a registration certificate in the National Archives, which I think would be the first action to take.

Re: Question about interpretation of the BNA 1948

Posted: Tue Jan 20, 2026 12:14 am
by unofficiallyBritish
I forgot my password, tried to get it reset but never got a response back.

Im not entirely sure why he was flagged via 5(1), my paternal grandfather died in 1970, and they moved to the UK in 1971 whilst my dad and his brother (Kenyan born) were minors. My dad was added to my grandmother's passport, there's a stamp on his BC from Nairobi High commission is 1968.

Yes, I have proof of his residence for 5 years before 1983.

We have his birth certificate, and this was the angle I was trying to push for a new 4L.

As for the new acquired information about my grandparents registration, my UK born cousin married an american and had a child in NY.
He tried to register her and he proved the information for himself and his father ( my dad's brother born in Kenya), the HMPO couldn't figure out how my uncle was British, so my cousin had to go through his mother who was naturalized/registered.
They all live in the UK my uncle moved to the UK at 20 in 1968, I asked them if they have any documents for our grandparents and my grandmother's 6(2) popped up, the date was 9 months after my father was born.

I did a SAR for my grandfather and 2 Passport numbers came up, 1 from 1953 with a note for Kenya's independence, and the 2nd from 1964 had the note registered 6(1).

I tried to look for a copy but couldn't find anything.

Re: Question about interpretation of the BNA 1948

Posted: Tue Jan 20, 2026 2:41 am
by unofficiallyBritish
Edit:
I meant to say 5(1)(a) in the last sentence of my first post.

Re: Question about interpretation of the BNA 1948

Posted: Fri Jan 23, 2026 11:46 pm
by unofficiallyBritish
So I did some more digging, and registering via 6(1) was only for people who had spent 12 months in the UK or were in crown service.
My grandfather was in the British army, my dad always said that he was service when my dad was born. This matters because my dad kept getting caught in section 14 and getting labeled as decent because of section 5. But my grandfather being in the crown service can clear up that title.
Just wanted to get everyone's input.
Thanks