Was my father a British citizen. ..?

[Goosepilot]

I presently live in the UK on an "Indefinite Leave to Remain" permit with my wife (who is British)

We recently discovered a document, which seems to indicate that my father had been given British Citizenship in late 1930/40 - let me explain.

My dad was born in Amsterdam and in 1939 as Germany invaded Europe and the Dutch began burning records - the whole family left Holland and moved to South Africa. They were all Naturalised under the "Union of South Africa" and the original Naturalisation Document we have with the seal seems to indicate that my father was Naturalised as a full British Citizen with all the rights of a Naturally born British subject and the allegiance was sworn to the King.

As I understand - that once you have been given these rights of a full, natural British citizen - it cannot just be taken away or given up.... South Africa did become a Republic - but surely as they were technically British citizens - would they have lost that right automatically?

I have the document in my possession here in the UK and would like some clarity on this if at all possible please?

[secret.simon]

Your father was likely naturalised as a British subject (at the time, there was only one status across the whole British Empire). But if he was naturalised in the Union of South Africa, he likely did not become a Citizen of the United Kingdom and Colonies (CUKC) in 1948. He may have kept his British subject status, but become a South African citizen in 1949 by action of the law. He would likely have lost his British Subject status in 1961, when South Africa became a Republic in 1961.

British subject status after 1948 was common to all Commonwealth citizens and after 1962, gradually lost any connection to residence in the UK. By 1971, even British subjects/Commonwealth citizens, with no direct connection to the UK (i.e. without birth, descent or naturalisation in the UK), were subject to immigration control. In 1983, British subject status was renamed to Commonwealth citizenship. There is still a small number of British Subjects Without Citizenship, but they are primarily people born in India between 1947 and 1950 and/or are related to Ireland.

So to summarise, your father may have been a British subject by naturalisation, but as it was naturalisation in the Union of South Africa and not the UK, he was neither a CUKC (after 1948) nor a British citizen (after 1983).

As I understand - that once you have been given these rights of a full, natural British citizen - it cannot just be taken away or given up.... South Africa did become a Republic - but surely as they were technically British citizens - would they have lost that right automatically?

Rights, even the rights conferred by citizenship, can be withdrawn or altered by primary legislation (Act of Parliament). In the case of British citizenship, it was gradually redefined in narrower terms from 1948 to 1983, from the end of an empire to being a primus inter pares in the Commonwealth.

There is a thread with more details that I contributed to for a person with a parent born in Australia pre-1947 that I contributed to. It is worth a read, especially going through the links there.

[JAJ]

Your father was likely naturalised as a British subject (at the time, there was only one status across the whole British Empire). But if he was naturalised in the Union of South Africa, he likely did not become a Citizen of the United Kingdom and Colonies (CUKC) in 1948. He may have kept his British subject status, but become a South African citizen in 1949 by action of the law. He would likely have lost his British Subject status in 1961, when South Africa became a Republic in 1961.

Without access online to pre-1949 South African legislation it is difficult to be specific, but it sounds unusual for someone to have been naturalised in a Dominion (which the Union of South Africa was at the time) without having less than 5 years residence.

Assuming there was an acquisition of British nationality in South Africa before 1949, then in general such persons became South African citizens on 2 September 1949 instead of Citizens of the U.K. & Colonies. Although- British subjects who did not acquire South African citizenship in 1949 and did not have a relevant connection to any other Dominion or Ireland, generally acquired Citizenship of the U.K. & Colonies [ss 12-13 British Nationality Act 1948]. Although- the majority of CUKCs under these provisions would not have acquired Right of Abode and would have become British Overseas citizens in 1983.

For reference- the original text of the South African Citizenship Act 1949- detailing who became South African on 2.9.49- is available at: http://www.gov.za/sites/www.gov.za/file ... 201949.pdf

[Goosepilot]

Many thanks for the reply and information...all makes sense now