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British Passport Eligibility

General UK immigration & work permits; don't post job search or family related topics!

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flymara
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Posts: 1
Joined: Fri Jan 02, 2009 3:12 am

British Passport Eligibility

Post by flymara » Fri Jan 02, 2009 3:59 am

This is a bit of a complicated one.

My mother (a NZ citizen) married a British citizen (by birth) in 1969. In 1971 she registered as a Citizen of the UK and Colonies through her marriage and lived in the UK for a few years. It says 'Registered as a citizen of the UK and Colonies under section 6 (2) of British Nationality Act 1948' on her certificate.

She divorced him in 1982, married my father (a NZer) in 1983 and I was born in 1984.

Would she have become a UK citizen when the rules changed in 1983, and as such, would I qualify for a UK passport through her?

I'm not sure if it matters, but she let her British passport expire in 1981 and never renewed it and she died in 1998.

I had always assumed I would not be able to claim any sort of British descent (my ancestors have been in NZ since the mid- 1800s!), but reading around today has led me to think possibly I may have a shot based on when I was born and how she became a CUKC.

Thanks for any help!

-Mara

Mr Rusty
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Posts: 1041
Joined: Fri Nov 09, 2007 1:09 pm

Post by Mr Rusty » Fri Jan 02, 2009 11:01 am

Under s.2(1)(a) of the British Nationality Act 1981, a person born outside the United Kingdom on or after 1 January 1983 and before 21 May 2002 is a British citizen at birth if, at the time of the birth, either parent is a British citizen "otherwise than by descent".

I would have thought that unless your mother renounced it, she was a British citizen when you were born, and as she wasn't British by descent, you are.

Expiry of her passport made no difference. No-one loses their nationality simply because they don't have a valid passport

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