Passport made in London

[mslibraoctww]

Hi,

My mom was born CUKC in Kenya and she moved to london with parents and stayed there for 3 years during which period she made her british passport in Liverpool. Then she went to India and now she got BOC passport (dont know on what basis)
I cant apply UKM from mom but my Grandfather was a british citizen before my birth by registering in London.
Am I eligible on the basis of my Grandpa.
Also can my mom opt for registration as BC as her father was in crown service in South Africa when she was born.
Reply is appreciated.
Thanks!

[mslibraoctww]

Hi,
My mom was born CUKC in 1947 in Kenya and then moved to London with parents.Eventually she could not register as she was born CUKC so she made her british passport in Liverpool in 1970 whereas her father registered himself in 1969 in London. My Mom's 1970 passport shows British Subject:CUKC. (pls note its before 1971 act)
Now they asking for her registration certificate to renew her passport to be a BC. we have a point that her registration was not possible and her passport made in London itself a proof of registration and that she is BC.
Can you please help how to handle this situation.
Thanks
Amy

[secret.simon]

I remember having a long conversation with you a couple of years ago.

she got BOC passport

When was her BOC passport issued?

they asking for her registration certificate to renew her passport to be a BC. we have a point that her registration was not possible and her passport made in London itself a proof of registration and that she is BC

As we had discussed two years ago, with a registration certificate for your mother OR either one of her parents being registered or naturalised as a British citizen before the birth of your mother, it is unlikely that your mother is a BC. She most likely will be a BOC.

her father was in crown service in South Africa when she was born

What kind of Crown Service was her father in? What was the duration of the service? And was that service under the colonial government of Kenya or under the British government?

If her father was in Crown Service at the time of her birth, then she would likely already be a British citizen and you may be able to claim it by descent (depending on when you were born). But of course you need to have proof that her father was in Crown Service at that time.

[mslibraoctww]

Can I send a pic of Grandpa's Registration Cert (not here but to confirm with you).Crown service is mentioned there.
We got her passport in April.Thanks!

[secret.simon]

Does it state the type of Crown Service?

And crucially (very very important) was your maternal grandfather's Crown Service at the time of your mother's birth? You will need more precise proof than a registration certificate years after the event.

Can I send a pic of Grandpa's Registration Cert

You could post the image here, after redacting all personally identifiable information (names, registration number, etc).

[mslibraoctww]

So as I cant post pic here I can confirm its mentioned as
I am in Crown Service as follws(point 6 on his registration cert)
Guard
E.A Railways and Harbours Nakuru

[secret.simon]

E.A Railways and Harbours Nakuru

The East African Railways and Harbours Corporation was formed in 1948. So the earliest that your maternal grandfather can claim Crown Service based on his employment with it is 1948.

My mom was born CUKC in 1947

Your mother was born before her father was in Crown Service (based on available evidence). So she would not qualify for full British citizenship.

Would you have any proof of Crown Service at the time of your mother's birth?

[mslibraoctww]

Does it state the type of Crown Service?

And crucially (very very important) was your maternal grandfather's Crown Service at the time of your mother's birth? You will need more precise proof than a registration certificate years after the event.

Can I send a pic of Grandpa's Registration Cert

You could post the image here, after redacting all personally identifiable information (names, registration number, etc).

I heard from Granny all those years that he was working in Railways at time of mom's birth but I might not get a proof except its mentioned on his Registration cert.
Oh I just checked my mom's Birth Cert and in that Father's occupation is mentioned as"Railway Guard" sim.ilar to Grandpa's Registration cert.

[mslibraoctww]

E.A Railways and Harbours Nakuru

The East African Railways and Harbours Corporation was formed in 1948. So the earliest that your maternal grandfather can claim Crown Service based on his employment with it is 1948.

My mom was born CUKC in 1947

Your mother was born before her father was in Crown Service (based on available evidence). So she would not qualify for full British citizenship.

Would you have any proof of Crown Service at the time of your mother's birth?

Yes It is on Mom's birth Certificate mentioned as " Railway Guard" as well.

[secret.simon]

I heard from Granny all those years that he was working in Railways at time of mom's birth but I might not get a proof except its mentioned on his Registration cert.

Anecdotal. Doesn't count.

I apologise. I made a mistake. Before 1983, Crown Service would have been relevant for the passage of CUKC status if born outside the UK or its colonies.

But your mother was already a CUKC by birth in a British colony. And that has been confirmed by the issuance of a BOC passport to her in April.

However, before 1983, there was no provision for passing RoA status based on Crown Service of the parent. That required birth, registration or naturalisation in the UK for either the person themselves or their parent before the birth of the person in question.

Residence in the UK by a CUKC for five continuous years before 1983 would also have conferred RoA status on the person (your mother in this instance). Did your mother reside in the UK for any five continuous period?

And I apologise for getting your hopes up.

[mslibraoctww]

She resided for approx 5 years but have no payslips or proof though she worked there in Manchester.
My valid point is when she was unable to register(being born CUKC) then how the authorities released her passport in Liverpool in 1970.Dont you think passport can only be issued to a regsitered cukc that time.
She showed her all 3 British Subject CUKC passports before 1970 and then only she would have been eligible for her passport. How could they issue her passport w/o registration.

My Grandpa has registration cert of 1970 but Mom has passport from same office same time as they were staying together.
Thought?

[secret.simon]

She was born a CUKC, and crucially did not lose her CUKC status when the colony she was born in became independent (because Kenya's citizenship laws restricted Kenyan citizenship to people with ancestry in that place. Had she become Kenyan at the time, she would have lost her CUKC status).

On that basis, she was issued a CUKC passport in the 1970s and the BOC passport in April. That did not require an additional registration in the UK, just her birth certificate in a British colony.

If she were registered as a CUKC in the UK in the 1960s, like your grandfather, she would have been issued a certificate for that (which would be in addition to her birth certificate). If she does not have it and the National Archives don't have a copy either, that means that she was not registered in the UK.

That registration would be on the basis of Sections 6 or 7 of the British Nationality Act 1948. Your maternal grandfather was eligible to register under the Crown Service provisions. And your mother could have been registered under Section 6 till her 21st birthday in 1969 (while she was still a minor; 21 was the age of majority in those days) as the minor child of somebody registered under Section 6.

If she had registered before that date, this conversation would have been moot.

Essentially, for a change to the passport, you need to provide proof of a registration certificate for your mother OR proof that she lived in the UK for five consecutive years before 1983. The onus is on the applicant (your mother in this case) to prove their claim to British citizenship.

As an aside, in which year did she arrive in the UK and in which year was her first ever CUKC passport issued?

[mslibraoctww]

Thanks for so much details and sharing knowledge.

Mom's first passport is made in 1961( Narobi)) and then in 1965(Nairobi),1967( Delhi) and last expired was 1970(Liverpool).All have same stamp under Nationality section: British Subject,CUKC.

I see one of my Maternal Grandmother's Passport (included my Mom's name) made in Nairobi in 1949 and Grandmother's national Status on that as British Subject
Grandmother's last passport (now deceased) shows by UKPA and as of British Citizen. She was not born in UK but later I think got citizenship coz of Grandpa's Registration.