New recent rules on 28th June 2022 for British citizenship through british mothers.

[samir20]

Dear Sir/Madam,

Can anyone advise to me regarding British citizenship which has recently amended on 28th June 2022??

My born in India : 20th December 1974

My mother bone in Yemen : 6th July 1947

Current Passport is British citizen but at the time her birth passport was British subject & United Kingdom and colonies.

During the war in Yemen in 1964 my grand parent which has holding passport of British subject & United kingdom and colonies comes in mumbai India in 1965.

After that my mother married indian father and after that she had applied her citizenship to UK Home office mumbai and she issued british overseas passport after she stayed in London around one year she became full british citizen ship.

so recent amendment 28th June 2022 can I apply british nationality based on my mother or grand parents. Please advise further .

My mother or my grant parent no one have right of abode but their passport is british subject and united kingdom.

Please advise.

[samir20]

Please advise!!

[contorted_svy]

Was your mother a British citizen when you were born, and were your parents married when you were born? If so, you might be eligible to apply, read more here https://www.gov.uk/apply-citizenship-br ... efore-1983

[samir20]

Was your mother a British citizen when you were born, and were your parents married when you were born? If so, you might be eligible to apply, read more here https://www.gov.uk/apply-citizenship-br ... efore-1983

Dear Sir,

Thanks for your reply.

When I born my mother was cukc.She was not British citizen at the time of my birth.

But my question is that recent amendments I.e.on 28th June 2022 said differently and I hope we may qualify. Because of previously father can pass their cukc status when their children born same way mothers can also pass her citizenship same way as father.

So it’s doesn’t required mother’s British citizen status when I born.

Please advise further look into recent amendments

[secret.simon]

she issued british overseas passport after she stayed in London around one year she became full british citizen ship.

Did this take place before or after your birth?

If your mother acquired full British citizenship only after your birth, she cannot pass it on to you. It is her status on the date of your birth that matters for acquiring British citizenship automatically.

Even Section 8 of the Nationality and Borders Act 2022, which came into force on 28th June 2022, will not help you. That makes provision for situations where mothers could not pass on their status to their children, but fathers could.

At the time of your birth, your mother had CUKC status, but no RoA. That is why she could only become a British Overseas Citizen in 1983.

So, if you could have inherited that status at birth, you would also have become a CUKC without RoA at birth and a British Overseas Citizen in 1983.

But (a) the law does not provide for a grant of British Overseas Citizenship after 1983 and (b) only BOCs without any other citizenship can register as full British citizens. As you were born in India to at least one Indian parent, you also have Indian citizenship and hence may not be able to benefit from this provision.

Essentially, the changes to the law on 28th June 2022 still restrict you to the same status as what you would have had at the time of your birth, if your mother could pass on her citizenship to you on the same terms as a father could. The subsequent British citizenship of your mother is irrelevant.

[samir20]

she issued british overseas passport after she stayed in London around one year she became full british citizen ship.

Did this take place before or after your birth?

If your mother acquired full British citizenship only after your birth, she cannot pass it on to you. It is her status on the date of your birth that matters for acquiring British citizenship automatically.

Even Section 8 of the Nationality and Borders Act 2022, which came into force on 28th June 2022, will not help you. That makes provision for situations where mothers could not pass on their status to their children, but fathers could.

At the time of your birth, your mother had CUKC status, but no RoA. That is why she could only become a British Overseas Citizen in 1983.

So, if you could have inherited that status at birth, you would also have become a CUKC without RoA at birth and a British Overseas Citizen in 1983.

But (a) the law does not provide for a grant of British Overseas Citizenship after 1983 and (b) only BOCs without any other citizenship can register as full British citizens. As you were born in India to at least one Indian parent, you also have Indian citizenship and hence may not be able to benefit from this provision.

Essentially, the changes to the law on 28th June 2022 still restrict you to the same status as what you would have had at the time of your birth, if your mother could pass on her citizenship to you on the same terms as a father could. The subsequent British citizenship of your mother is irrelevant.

Dear Sir,

Thanks for your reply.

Just I wanted to understand that father having cukc status before 1983 they can passed their nationality to their children why mothers can’t. At the time of war in 1964 at Yemen everybody back to their home countries with holding of cukc status and at that time all father passed their cukc status to their children why mothers can’t.

My mother soon after married to my Indian father and at that time she had also enquired home office mumbai but they denied that you can not passed citizenship to your children as father. This is what I understand as gender discrimination.

So law which is passed on 28th June 2022 it’s indicated that before 1983 if mothers can passed their cukc nationality to their children same as father then all mothers can hv equal right.

I may wrong but what I understand is true???

[contorted_svy]

Hi,
The advise I passed on is from the government webpages who have been updated following the new Nationality and Borders bill that you refer to.
Unfortunately there seems to still be a difference between the rights of fathers and mothers in passing down British citizenship to their children, and as secret.simon says the fact that your mother didn't have full British citizenship at the time of your birth makes an important difference.

[samir20]

Still law is round round only. Still discrimination is there male and femal. Right

[samir20]

Still law is not clear right. Still male female discrimination is there with current amendment of the law.

[secret.simon]

Still law is not clear right. Still male female discrimination is there with current amendment of the law.

Not really. Let's reverse genders and see the outcome.

Let's assume that it was your father who was a CUKC and fled South Yemen, arrived in India and married an Indian woman.

In such a case, you may have been born a CUKC. But crucially, both your father and you would not have had RoA, the Right of Abode in the UK, at the time of your birth. The latter (RoA) required a connection with the UK itself, by either birth, descent, registration or residence in the UK itself, not in a colony (like South Yemen).

So, on 1st January 1983, both your father and you would have become British Overseas Citizens. Your father, who may never have applied for Indian citizenship, could have moved to the UK and registered as a British citizen because he never had any other citizenship.

You, on the other hand, would have been a British Overseas Citizen and an Indian citizen, by birth in India to an Indian parent. As somebody who already had another citizenship, you could not have registered as a British citizen and would thus have remained a British Overseas Citizen, with no right to live in the UK anyway.

So, even if fathers and mothers were treated equally, you would not have acquired British citizenship.

The crucial aspect in your case is not the gender of the CUKC parent, but the fact that the CUKC parent had no connection with the UK itself (not a colony), by birth, descent, registration or residence in the UK, before your birth.

[samir20]

Dear Sir,

Thanks for clarity. can you please by any chance if I can get BOC passport I need to cancel my indian passport right?? Why I am asking because of I want to see my mother then I need to apply for visa all the time so If I have BOC passport then I can straight way atleast enter in uk but not for full right.

so Is there immigration law or any other so I can go frequent to see my mother.

Please advise.

[secret.simon]

You are not eligible for a British Overseas Citizen passport.

The example above was if your father had BOC status. That is not the case for you.

In any case, BOC status cannot be acquired any more. You would only have BOC status if you had it before 1983. The changes of 28th June 2022 only apply to children of mothers with RoA, who would be able to acquire British citizenship if their mothers so had it before 1983. The changes still don't provide for gaining BOC status, which is never granted, only acquired at birth.

Also, BOCs do not have the right to reside in the UK.

Even if you got a BOC passport (which you won't), if you renounced your Indian citizenship, you would not have the right to reside in either the UK or India.You'd effectively become stateless without the right to reside anywhere.

And you would still not be able to register as a British citizen. BOCs who renounce an existing citizenship after 2002 are not eligible to register as British citizens.

The long and sort of it is that the change in the law on 28th June 2022 do not impact you or children of parents without RoA in any way. They are neither better off nor worse off than before 28th June 2022. There is no change in your situation.

I can go frequent to see my mother

Apply for a visit visa in the usual way.

[samir20]

Dear Simon,


Thanks your advise.