Effect of Right of Abode on British by "Double Descent"

[Unieklee]

Hi there

I'm wondering if someone could help me understand the notion of British by "Double Descent" and what determines whether someone is British by Double Descent vs Descent vs Otherwise than By Descent.

The case that I am trying to make relates to my mother and is rather complex, so I'll give a brief explanation - let me know if you need any further information to help me out:

According to the BNA 1981 s11(1) an individual must satisfy two conditions in order to become a British Citizen:

1. be a Citizen of the UK and Colonies (CUKC, henceforth)
2. have Right of Abode in the UK (ROA, henceforth)

CUKC Status

• My mom was born in "Northern Rhodesia" in June 1958. ("Northern Rhodesia" according to her birth certificate, even thought this was the Federation of Rhodesia and Nayasaland at the time, as I understand it.)
• Her birth was registered simultaneously in South Africa.
• She was registered as a "Citizen of Rhodesia and Nayasaland" in August 1958. (I understand this as the Federation of Rhodesia and Nayasaland, and will henceforth refer to it as "the Federation")
• In 1963, upon dissolution of the Federation, she acquired CUKC status according to The Federation of Rhodesia and Nyasaland (Dissolution) Order in Council 1963 s 74(2).
• She did not obtain citizenship of Southern Rhodesia upon dissolution of the Federation or Zambia upon independence of Zambia. (This is assuming that citizenship of either of those countries was not automatically inferred)
• I therefore understand that she remained a CUKC until the BNA 1981 came into effect.

ROA Status

• My mother's maternal grandfather was born in the UK and was hence a CUKC according to BNA 1948.
• My mother's mother was therefore a CUKC by descent at birth. She was born in 1931 in South Africa.
• My mother was a CUKC (as above) in 1971.
• According to the Immigration Act of 1971, 2(1)b ii my mother has ROA in the UK because her grandfather was a CUKC at the time of her mother's birth, her mother was a CUKC (by descent) at the time of her birth and she was a CUKC from 1963 onwards.

My questions are thus:

1. Would my mom have automatically become a citizen of Zambia upon Zambian Independence?
2. If not, have I understood everything above correctly?
3. If I have, does this make my mother a British Citizen Otherwise than by Descent, by Descent, by Double Descent, etc?

My understanding is that it's the CUKC status (by descent or otherwise) that determines one's "by descent" status upon becoming a BC in 1983, not the manner in which one attains ROA, but I could be mistaken.

Thanks for the help!
Regards,
UniekLee

[Unieklee]

I believe that I may have found an answer to my third question:

According to the BNA 1981 s 14(1)b ii, which states:

For the purposes of this Act a British citizen is a British citizen “by descent” if and only if — subject to subsection (2), he is a person born outside the United Kingdom before commencement who became a British citizen at commencement and immediately before commencement — had the right of abode in the United Kingdom by virtue only of paragraph (b) of subsection (1) of section 2 of the Immigration Act 1971 as then in force (connection with United Kingdom through parent or grandparent)...

I don't know if this classifies my mom as British by Descent or "Double Descent", but I don't think the law differentiates between those two in any case.

[Unieklee]

I was also wondering if anyone could give me a hand with the concept of "British Citizenship by Triple Descent" for someone with a parent born in the Federation of Rhodesia and Nyasaland? (https://www.whatpassport.com/countries/ ... ssolution))

I'm struggling to find the laws that relate to this. If someone could help point me in the right direction, event just an Act and paragraph reference, I would really appreciate it!

[CR001]

User secret.simon is quite good with things like this. Perhaps he will be online later and can offer any insight.

[secret.simon]

Yours is an unusual and interesting case. I will start off by complimenting you on the research that you have already done, particularly on the level of detail that you have gone into.

For the avoidance of doubt, I will point out, at the beginning, that I am not a lawyer and that you should engage the services of a person trained in the law to guide you further as yours is an intricate case.

You have correctly identified the main legislative Acts affecting your case.

The British Nationality Act 1948 (as enacted)
The Federation of Rhodesia and Nyasaland (Dissolution) Order in Council 1963
The Immigration Act 1971 (as enacted)
The British Nationality Act 1981 (as enacted)

If I have, does this make my mother a British Citizen Otherwise than by Descent, by Descent, by Double Descent, etc?

The interplay of these Acts are complex and well beyond my comprehension. I will focus on the last of the above Acts.

Assuming that your mother was a British citizen at commencement (I am not at all certain) following the rationale that you spelt out, your mother would have been a British citizen by descent.

Section 14 of the BNA 1981 states (I have summarised for brevity)

Meaning of British citizen " by descent "
(1)For the purposes of this Act a British citizen is a British citizen " by descent " if and only if—
...
(b)subject to subsection (2), he is a person born outside the United Kingdom before commencement who became a British citizen at commencement and immediately before commencement—
...
(iii)had the right of abode in the United Kingdom by virtue only of paragraph (b) of subsection (1) of section 2 of the Immigration Act 1971 as then in force (connection with United Kingdom through parent or grandparent),
...

If such is the case, she would not be able to pass that citizenship on to her children born outside the UK as she herself was a British citizen by descent under the BNA 1981.

Would my mom have automatically become a citizen of Zambia upon Zambian Independence?

I am not aware of Zambian citizenship law and am unable to find any online resources spelling it out in any detail.

What I did find online were some other resources that you could look up.

British Nationality Summary on the gov.uk website - This would be the guidance that the Home office caseworkers would use to judge your application.

Excerpts from Fransman's British Nationality Law. It may be worth checking with your local council library if they have the book as it quotes extensively from individual Acts of Parliament that may affect your case.

A similar case online on another forum. It was moderated by JAJ, who may be the same as a moderator on these forums.

An essay on the evolution of the Zambian nationality and citizenship laws by Charles Nhari for his LLB from the University of Zambia in May 2000. I am only able to access the essay through Google's webcache, but if you are in Zambia, perhaps you can get a copy from the University directly.

Some legal firms seem to argue that they have "hundreds" of ways to validate a claim to British citizenship. You may wish to look into contacting them (this is not an endorsement, merely a link to information on the InterWebs).

https://www.whatpassport.com/countries/Zambia

https://www.whatpassport.com/countries/ ... le_Descent

https://www.philipgamble.co.uk/landing- ... h/zimbabwe

Remember that a crucial requirement of acquiring British citizenship by "double descent" is that the grandparent needs to have been born in the UK or was in Crown Service when the parent was born.

The link that you provided earlier does suggest that it may be possible for triple descent in a very specific case. However, nationality in those times often passed through fathers only. As your claim is through your mother's maternal grandfather, I would not be entirely certain of whether that interpretation would work.

I will repeat again that I am not a lawyer and that, given the complexities of the case, you may wish to hire somebody more learned in the law.

[secret.simon]

Another similar case on another forum.