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Hi folks,

I've scoured the 'net and this forum for an answer to this but haven't come up with anything definitive. I'm hoping someone here can shed some light on this for me.

My wife is wanting to get her British Citizenship (and passport) so that she can live and work in the EU. According to the UK Home Office, the requirements are:

1. you were born before 1 January 1983; and
2. you would have become a citizen of the United Kingdom and Colonies by descent if women had been able to pass this citizenship on to their children in the same way as men at the time of your birth; and
3. you would have had the right of abode in the UK and have become a British citizen on 1 January 1983, if you had become a citizen of the United Kingdom and Colonies; and
4. you are of good character.

Here's our assessment of the criteria. Nos. 2 & 3 have us confused ...

1. Yes, my wife was born in Australia in 1981.

2. I believe this would be the case as her Mother was born in the UK. We are not sure yet if her mother was naturalized as Australian (renouncing her British citizenship) before or after my wife was born. Does this make a difference?

3. No idea. How do we work this one out? My guess is that she would have become a British overseas citizen in 1983 when the Act was passed so therefore not qualify, but my understanding of the rules here are very confused.

4. She would say she is of good character, but others might disagree!

Any thoughts on the above, in particular no. 3? Furthermore, if she fails these requirements, is there anyway in which she can attain British citizenship through her maternal grandparents (both of who moved to Australia before she was born)?

Thanks,
Ozzi

Ahhh, I've just found another piece of the puzzle which may help ...

From the same UK Home Office website ...

If you are not a British citizen, you may still have the right of abode if, on 31 December 1982, you were:

• a Commonwealth citizen with a parent who, at the time of your birth or legal adoption, was a citizen of the United Kingdom and Colonies because he/she was born in the United Kingdom; or ...

So, if my wife's mother was still a British citizen when she was born (i.e. naturalized afterwards), then she would have the "right of abode" and therefore meet the 3rd criteria. Would this be a correct reading?

What if her mum was naturalized before my wife was born?

Thanks,
Ozzi

OzziBoy wrote: I believe this would be the case as her Mother was born in the UK. We are not sure yet if her mother was naturalized as Australian (renouncing her British citizenship) before or after my wife was born. Does this make a difference?

Makes no difference because when she became an Australian citizen, it had no effect on her British citizenship. Irrespective of what she may or may not have said to the Australians at the time.

Unless in the (unlikely) event that she went to the British High Commission or Consulate to sign Home Office forms renouncing her citizenship.

Thanks for the response JA3. Much appreciated.

We found out last night that her mother became as Aussie citizen after she was born so that part is fine. It is unlikely that she renounced her British citizenship, but even if she did, it would've happened after my wife's birth.

So ... all looking good at this end.

Thanks,
Ozzi