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Difference between BC by descent and otherwise by descent

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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Mon123
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Bangladesh

Difference between BC by descent and otherwise by descent

Post by Mon123 » Sat Aug 04, 2018 2:00 am

Hi every one
Term by descent and otherwise by descent
Commenced on BNA 1st jan 1983
But the confusion is how did a child came to the uk prior to 1983 on a entry clearance visa vignette acommpanying parent settled did the child needed to register for BC or the child became BC automatically after the commenced date due to he was settled in the
Uk and the child’s father was natrulised
CUKCs prior to child’s birth so then is the child BC by descent or otherwise by descent?
Need your opinion on this topic
Thank you

secret.simon
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Posts: 11088
Joined: Thu Feb 21, 2013 9:29 pm

Re: Difference between BC by descent and otherwise by descent

Post by secret.simon » Sat Aug 04, 2018 11:23 am

As the other thread was old and not directly related to your query, I have split it off into a new thread.
Mon123 wrote:
Sat Aug 04, 2018 2:00 am
Term by descent and otherwise by descent Commenced on BNA 1st jan 1983
Not correct. The concept of "by descent" has been there since at least the British Nationality Act 1848.
Mon123 wrote:
Sat Aug 04, 2018 2:00 am
But the confusion is how did a child came to the uk prior to 1983 on a entry clearance visa vignette acommpanying parent settled did the child needed to register for BC or the child became BC automatically after the commenced date due to he was settled in the
Uk and the child’s father was natrulised
Where were the parents and child born? Which of them had CUKC passports? When did they acquire CUKC status? When did they move to the UK?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Mon123
Newly Registered
Posts: 9
Joined: Thu Jul 19, 2018 4:10 am
Bangladesh

Re: Difference between BC by descent and otherwise by descent

Post by Mon123 » Sun Aug 05, 2018 8:48 am

Thank you Simon
I’ll try to break it down

(1)
Grandfather was born on 1935 abroad
Came to the uk on a voucher scheme from Pakistan seeking employment in the early 60s
In the mid or late 60s he was natrulized
CUCKs on his own right as a qualifying resident
Because he had no parental connection in the uk or any colonial past.

(2)
The father was born on 1971 and his mother was born on 1948 they both were also born abroad in Pakistan they were sponsored by his father for entry clearance at BHC Pakistan to join him in the uk.after a successful application granted the ECO affixed a vignette to the mother’s Pakistani passport it reads ENTRY CERTIFICATE SETTELD ACCOMPANYING HUSBAND/ FATHER issued on 1981 after settling in the uk the father obtained his British passport on 10th June 1983 the question is was he registered British citizen that would make him British otherwise by descent or did he became British by descent becouse his father was CUCKs before he was born abroad.

secret.simon
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Posts: 11088
Joined: Thu Feb 21, 2013 9:29 pm

Re: Difference between BC by descent and otherwise by descent

Post by secret.simon » Sun Aug 05, 2018 9:55 am

Was the father registered? If so, there would be a registration certificate.

On the assumption that there is no registration certificate and that the father was born in Pakistan after the date on the naturalisation certificate of his father, he (the father) would be a CUKC by descent under Section 5(1) of the BNA 1948. That status would have been preserved by Section 14(1)(b)(I) of the British Nationality Act 1981.

So, assuming that the father was not registered separately (unlikely as he was already a British citizen by descent at the time of his birth), he would be a British citizen by descent.

As an aside, not all forms of registration lead to "otherwise than by descent" status. It is possible for a child to be registered and still be a British citizen by descent.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Mon123
Newly Registered
Posts: 9
Joined: Thu Jul 19, 2018 4:10 am
Bangladesh

Re: Difference between BC by descent and otherwise by descent

Post by Mon123 » Sun Aug 05, 2018 1:49 pm

Hi simon
One last thing
How and why would the father needed a entry clearance to join his father in 1980 if he was already British by descent shouldn’t he have ROA vignette not the settlement visa vignette on the Pakistani passport. And as for the registration of the father that’s the thing I’m trying to establish becouse his son that’s the (child) was born on 1998 also abroad the child is now in the uk with COE to the ROA on his foreign passport how did he qualify?

Mon123
Newly Registered
Posts: 9
Joined: Thu Jul 19, 2018 4:10 am
Bangladesh

Certificate of Entitlement to the Right of Abode

Post by Mon123 » Fri Oct 05, 2018 6:19 am

Hi
NEED HELP
commonwealth citizen born abroad registered under BNA 1948 act section 6(1) as CUCKs. would there children born abroad have ROA
Automatically before commencement of 1983
BNA act. Was this possible.I know they can after 1983 but not before.only cucks by birth in the uk was able to register the child born abroad within 12 months of there birth at the discreation of sec of state.
Any answers
Thank you

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