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Can mother provide exception to CUKC loss?

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

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Phleabas
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Posts: 2
Joined: Sat Jan 12, 2013 3:17 am

Can mother provide exception to CUKC loss?

Post by Phleabas » Sat Jan 12, 2013 3:29 am

Hi,

I would be very grateful if anyone can shed some light on the following:

Upon the independence of former colonies form the UK in the sixties anyone associated with those colonies, in most cases, lost Citizen of UK and Colonies (CUKC) status. There were some 'Exceptions to Loss' generally the person would have to have had a close connection to the UK, typically through the father.

If parents were divorced, and mother was naturalized in the UK can she provide such an exception to CUKC loss to her children who were in her custody?

My Dad was born in Jamaica in 1933, he was a British Subject (BS) by birth, his mother, also born in Jamaica, had lost her BS status upon marrying his father, being a foreigner/alien. In 1941 my Dad's parents were divorced and his mother had custody of him. In 1947 my Dad and his mother moved to the UK, where his mother was naturalized as a British Subject, as the law provided, since she was divorced. If my Dad was not a British Subject at the time his mother would have added his name to her naturalization certificate, since he was still a minor then, as the law provided at the time. My Dad left the UK in 1957, after having spent 10 years there as a British Subject then CUKC (after 1948). In 1962 Jamaica gained independence and most people born in Jamaica lost CUKC status. My Dad's mother kept her CUKC status, since she was naturalized in the UK, and remained in England. 

Does this form an exception to the loss of CUKC status for my Dad upon Jamaica's independence?

I would be very grateful if someone could point out the specific law/precedent that shows that a mother can or cannot provide an exception to CUKC loss for her children upon independence.

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