British citizenship via father who lived in UK in 1940s

[pairolakies]

I am trying to figure out if my father was a CUKC otherwise than by descent due to his residence in the UK in the 1930s and 1940s and how I might go about proving it.

He was born in Canada, moved to the UK in 1934 and lived there until April 1949 (after the signing of the BNA). He served in the British Army during WWII and I have his discharge papers. It's a weird scenario, because he lived in the UK when the BNA took effect. before Jan 1 1949 he was a British Subject with full rights to live in Britain. When the BNA came into effect he would have been a CUKC , because he was living in Britain, I don't know that he would have been required to register his presence. I haven't been able to find any information about that.

Going through the UKBA's flow charts I came up with the following:

Annex C - he was a CUKC per s. 12(2) of the BNA 1948 (father born in the UK)
Annex E - he was a CUKC on 31 Dec 1982

From some UKBA working case notes, I see that to be considered a British Citizen on Jan 1 1983, he would have needed to satisfy 2 conditions: be a CUKC (check) and have the Right of Abode.

Looking at the 1971 Immigration act s2 (1)(c):"that he is a citizen of the United Kingdom and Colonies who has at any time been settled in the United Kingdom and Islands and had at that time (and while such a citizen) been ordinarily resident there for the last five years or more" so he should have had the right of abode because he lived in the UK for more than 5 years (during the 1940s).

If this is all correct, I would then be eligible for citizenship by descent. My goal is to work in Europe, so getting a UK passport is ideal vs the Ancestry visa angle.

Am I reading this correctly, or has too much wishful thinking entered into the picture?

Any advice is most appreciated.

[vinny]

Please continue in previous thread.