Resume British Citizenship - Form RS1

[IAH04]

I would like some guidance on the rules for resuming British citizenship for a relative.

The person (a woman) held a British passport and was born in Kenya in 1948. She currently leaves in Kenya and holds a Kenyan Passport. He father and grandfather were born in India and migrated to Kenya. I believe they were Naturalised as British citizens in Kenya before her birth. She renounced her British citizenship in 1969 in order to get Kenyan citizenship. Kenya did not allow dual citizenship at that time.

Can she resume her British citizenship?
----------------------------------------------------------------------------

The following are notes form Guide RS1

The requirements you must meet
You will be entitled to registration if:
• you are of sound mind and
• you are of good character and
either
• you have made a declaration of renunciation renouncing British citizenship (after 1 January 1983),
or
• (before 1 January 1983) you have made a declaration of renunciation renouncing citizenship of the United Kingdom and Colonies
and either

• you
• your father
• your father’s father
• your husband, wife or civil partner
• your husband’s, wife’s or civil partner’s father
• your husband’s, wife’s or civil partner’s father’s father was:

o born in the United Kingdom, or
o naturalised in the United Kingdom, or
o registered as a citizen of the United Kingdom and Colonies in the United Kingdom or
o registered as a citizen of the United Kingdom and Colonies in an independent Commonwealth country. (The country concerned must have been an independent member of the Commonwealth at the time of the registration – see the list of countries which were in the Commonwealth before 1983).
--------------------------------------------------------------------------

The first 3 of the criteria do not apply since nor she or any of her parents have been in the UK.

What I would like some guidance on the fourth criteria. What does it mean to be 'registered' as a citizen of UK and Colonies? Kenya got its independence on 12 Dec 1963.

I appreciate all feedback and comments.

Thanks,
IH

[secret.simon]

o registered as a citizen of the United Kingdom and Colonies in an
independent Commonwealth country. (The country concerned must have been an independent member of the Commonwealth at the time of the registration – see the list of countries which were in the Commonwealth before 1983).

My understanding of this is that one of the relatives in that list would need to have been registered with the British High Commission after the time the country (in this case, Kenya) became independent.

What your relative had was Citizenship of the UK and Colonies (CUKC) status by virtue of birth in Kenya, then a British colony.

To have become a British citizen, she would have required both CUKC and Right of Abode in the UK in 1983, which would only be possible if either she or one of the relatives listed was born, registered or naturalised as a citizen in the UK (not in a colony) or lived in the UK for five years before 1983.

If she did not have the Right of Abode in the UK by virtue of a close personal connection to the UK itself, she would have become a British Overseas Citizen (BOC) in 1983, not a British citizen and would have lost the right to live in the UK in 1983. Generally, once BOC status is lost, it can't be regained or resumed.

Essentially she needs to have had a connection to the UK (as now constituted) before 1983, not via a colony.

[IAH04]

Simon,

Thank you for your quick response and clarification. You are right, I should have stated that she had Citizenship of the United Kingdom and Colonies and she never had British citizenship.

Based on your response, is it correct to conclude that as at now she has no basis for resuming her Citizenship of the UK and Colonies?

Also, I believe she obtained her first British Passport in June 1968 i.e. after Kenya become independent. Does this have any bearing in relation to being 'registered as a citizen of UK and Colonies'?

Also, May I ask what is the rationale to only allow registrations after Kenya become independent and not before?

Thanks,
IH

[secret.simon]

is it correct to conclude that as at now she has no basis for resuming her Citizenship of the UK and Colonies?

CUKC status ceased to exist in 1983.

BOC status (which is what people with CUKC but without RoA got) can't be resumed. Indeed, in most cases, it can't even be transmitted to the next generation except in very limited circumstances. It is designed to die off eventually.

Only British citizenship (CUKC + RoA) can be resumed, once.

Which is why the document asks for proof of both CUKC and RoA.

Also, I believe she obtained her first British Passport in June 1968 i.e. after Kenya become independent. Does this have any bearing in relation to being 'registered as a citizen of UK and Colonies'?

She would need more definitive proof of having acquired RoA, such as a registration certificate, most probably issued by the British High Commission in Kenya.

You can contact the National Archives to see if they have any records of her registration.

Also, May I ask what is the rationale to only allow registrations after Kenya become independent and not before?

The people who registered in Kenya before independence would have been treated as citizens of that colony, Kenya, on independence, because they registered with the Kenyan authorities (even though the Kenyan authorities were at the time British).

The people who registered in Kenya after independence would have registered with the British High Commission, the diplomatic agents of a separate and distinct country from Kenya. It is not improbable (though I am not certain) that these registrations may have been restricted, so former civil servants who had worked for the British and their families, etc.