British By Descent

[BritishDescent]

Dear Members,

I was wondering if someone can please assist with a definitive answer to this. It is a query about my Cousin qualifying for British Citizenship under descent route.

I have reached out to various solicitors and they are asking me to pay large amount of money to form any sort of legal opinion. That is why I thought this forum was an amazing one as members here are able to help each other.

My cousin was born in Pakistan in 1976. She thinks she can apply for British Nationality via Descent. What I am trying to establish is if whether my cousin has inherited status as a Citizen of an UK Colony (a 'CUKC') as per the British Nationality Act 1948 and had a right of abode under the Immigration Act 1971 so that we can demonstrate that she is a British citizen as per the British Nationality Act 1981

Her Mother was in 1950. Below is her timeline

- Born 1950 in Aden which was a British colony at that time
- Held a Passport with a status British Subject Citizen of UK and Colonies till July 1984.
- My cousin was born in 1976 when her mother held a Passport with British Subject Citizen of UK and Colonies status on it.
- In 1984 status changed to British Overseas Citizen (Passport color changed from black to red)
- Letter issued by Govt Pakistan in 2004 stating that she has neither applied for Pakistani Citizenship nor received any from their office.
- Letter issued by Consulate General Republic of Yemen in 2015 stating she has not been issued a Yemeni passport or ID.
- British Certificate of Registration issued to her in 2005 on the direction of the Secretary of State HOME OFFICE LONDON status British Citizen.
- Currently Hold a full British Passport


Can some guru members please assist and provide a little feedback on how they got to that conclusion

Much Appreciated and thanks in advance

Best Regards,
Salman

[MrSlyFox]

Hello,
Women prior to 1984 could not transmit (pass on) their nationality to their children unless they were not married to the father at the time of birth. However to make up for that, children born to British Mothers prior to 1984 can register as citizens (form UKM) but however, the child (i.e. your cousin) must have (or would have if not a commonwealth citizen) right-of-abode in the United Kingdom. Which means your cousin can't register as her mother only obtained right-of-abode when she became a British Citizen in 2005.

In summary:
- Your cousin was not a CUKC (unless Parents were not married)
- Nor does she have a right-of-abode
- Her mother only obtained right-of-abode when she became a British Citizen in 2005

[BritishDescent]

Thanks for the quick response. However I am not sure you are 100% correct over here.

Below Extract from UK website. My Cousin mother was born in Aden, Syria - and she was a citizen of a British Colony and hence held a British Passport (with a different class status)

3. Born before 1983 to a British mother
You can register as a British citizen if you fulfil all of the criteria:

you would have automatically become a citizen of the United Kingdom and Colonies by descent if women had been able to pass this citizenship on to their children in the same way as men at the time of your birth
you would have had the right of abode in the UK and have become a British citizen on 1 January 1983 if you had become a citizen of the United Kingdom and Colonies
you’re of ‘good character’ - see the guidance for details

[MrSlyFox]

Thanks for the quick response. However I am not sure you are 100% correct over here.

Below Extract from UK website. My Cousin mother was born in Aden, Syria - and she was a citizen of a British Colony and hence held a British Passport (with a different class status)

3. Born before 1983 to a British mother
You can register as a British citizen if you fulfil all of the criteria:

you would have automatically become a citizen of the United Kingdom and Colonies by descent if women had been able to pass this citizenship on to their children in the same way as men at the time of your birth
you would have had the right of abode in the UK and have become a British citizen on 1 January 1983 if you had become a citizen of the United Kingdom and Colonies
you’re of ‘good character’ - see the guidance for details

Yes, I was referring to this above

Hello,
Women prior to 1983 could not transmit (pass on) their nationality to their children unless they were not married to the father at the time of birth. However to make up for that, children born to British Mothers prior to 1983 can register as citizens (form UKM) but however, the child (i.e. your cousin) must have (or would have if not a commonwealth citizen) right-of-abode in the United Kingdom. Which means your cousin can't register as her mother only obtained right-of-abode when she became a British Citizen in 2005.

In summary:
- Your cousin was not a CUKC (unless Parents were not married)
- Nor does she have a right-of-abode
- Her mother only obtained right-of-abode when she became a British Citizen in 2005

Only children of British CITIZEN mothers can register not British OVERSEAS citizens even if they become citizens later (i.e. 2005). The mother must have held right-of-abode in 1983.

Your cousin's mother did not have right-of-abode (also why she became a British Overseas Citizen).

Here is the guidence: https://www.gov.uk/government/uploads/s ... r_2015.pdf

You'll see on page six it states "There is no option to register for people who would have come British Overseas Citizens on 1st January 1983

[secret.simon]

Your cousin's mother was a CUKC without Right of Abode in 1983, which is why she became a British Overseas citizen and not a British citizen in 1983. She was subsequently registered as a British citizen because she did not have any other citizenship.

Your cousin can only inherit the status of the mother at birth. So, the most she would have got, had citizenship law at the time of her birth allowed it, is the modern version of CUKC without Right of Abode, which is British Overseas citizenship.

But your cousin is ineligible to apply on Form UKM. She does not meet Condition 3 on Page 5 of Guide UKM, which is that your cousin's mother had Right of Abode in the UK at the time of birth of your cousin.

So, MrSlyFox's summary is correct.

Your cousin could not inherit the CUKC status at the time of birth
She can not register as a British citizen on Form UKM because the mother did not have Right of Abode in the UK at the time of birth

Therefore, she has no claim to a British passport, as either a British citizen or as a British Overseas citizen.

[Thakks]

Hey
I know this is a year old thread but wondering if you manage to get citizenship for your cousin. I am in exactly similar situation for my cousin and wondering if the current landmark decision in supreme Court have change the circumstances for applicant like your cousin.
Appreciate any advise on this.
Thanks

[vinny]

If the mother was deemed to be British since birth following her registration, then it may be possible.
Following the Supreme Court landmark Judgment, they have updated their guidance.

[Obie]

The views expressed by Secretsimon is correct and survived the Supreme court ruling.

The supreme court addressed 1 point.

Before 1983, men who were British Citizen by descent were able to pass on citizenship to the children born overseas.

If the man was a citizen by descent he can pass it on to the child provided the child is registered within 1 year of the birth.

Women were not permitted to do so.

Now the Home Office was essentially seeking to refused this opportunity to mothers who were British citizen by descent and gave birth to children overseas.

They were proposing some silly preposition, that the woman must demonstrate that she made attempt to register the children within 1 year but were not permitted to do so, even though there was no provision for them to do so. It is totally absurd position .

The Supreme Court essentially rejected it, and say the Home Office should remove those restrictions, otherwise no children both overseas who were born to mother who was a British Citizen by descent will qualify.

That is a different case to your cousins case which Secret Simon commented on.