British "otherwise than by descent"

[UnknownUser20]

My father was born in British Hong Kong in 1956 and went to the UK to study in 1969. The oldest British passport he has, shows he was a "British Subject: Citizen of the United Kingdom and Colonies" in 1976. That same passport includes the stamp "Holder has the right of abode in the United Kingdom". His next passport was issued in 1986 and shows his status as simply "British Citizen". From my research, he became a British Citizen by descent at the commencement of the British Nationality Act 1981, due to Section 14 (1) (iii) - settlement in the United Kingdom with five years' ordinary residence there.

My mother was born in British Hong Kong in 1959 and became a Citizen of the United Kingdom and Colonies at birth. After the commencement of the British Nationality Act 1981, she too became a British Citizen by descent, by marriage.

I searched the National Archives to be sure they were not naturalised or registered as British before 1986. As a result neither parent held the British Dependent Territories Citizens status, that was common for British Hong Kong people from 1983 onwards.

When I was born in 1987, I was included in my father's British passport. I then went to the UK in 1991. There I was issued my own British passport, which showed I was a British Citizen (again, not the BDTC passport). However since both my parents are British by descent, I could not be British by descent from them (since I was born abroad). On the other hand I was not naturalised. Does this mean I am likely British "otherwise than by descent" by registration? I have no registration certificate though.

[Richard W]

Is it possible that one of your parents was on crown service or similar when you were born? That would make you British other than by descent, but with poor documentation of status.

[JAJ]

Based on the facts given, the only way your father would be British "by descent" is if his own father or paternal grandfather was U.K. born (or naturalised). If he simply went to the U.K. to study in 1969 on a visa/permit (without U.K. ancestry), and was granted settled status after 4 or 5 years, he would have acquired Right of Abode in his own right sometime around the mid-1970s. IF that's the case, he became a British citizen otherwise than by descent in 1983.

If your parents married before 1983, your mother would have acquired Right of Abode based on your father already having Right of Abode. IF she got Right of Abode that way, then her British citizen status (by descent or otherwise) would have followed that of your father.

Assuming your father's of Chinese, Indian or other non-U.K. ancestry then I'd think it likely he's a British citizen otherwise than by descent and you would be a British citizen by descent (Unless either parent was in U.K. recruited Crown or designated service when you were born in 1987). His original British-Hong Kong passport (pre-1976) might have a Home Office stamp giving settled status and/or he may have a Home Office letter to that effect?

In 1983, your parents would have become Hong Kong-BDTC as well as British citizens- as were you when you were born in 1987- until this status was lost in 1997. There was (and is) no legal bar on holding BDTC/BOTC and British citizenship simultaneously.

[UnknownUser20]

Thanks for the useful replies. My father's 1970's passport has a stamp in 1972 (the date of issue) which says "Holder is entitled to readmission to the United Kingdom". This was crossed out and replaced with the "Holder has the right of abode in the United Kingdom" stamp in 1976, with a "Passport Office London" stamp next to it. I think JAJ you are correct that he's probably "otherwise by descent" due to his five years' residence.

My father does not have a pre-1976 passport, because prior to that he traveled on my grandfather's passport of the time, which is no longer available. He also did not serve in a crown or designated service.

The application for registration under Section 3(2) of the British Nationality Act 1981, requires that I am by descent and my father is otherwise by descent. However since my father obtained his status automatically without a UK birth certificate, naturalisation or registration - do UKVI usually just accept his old passport as proof?

[secret.simon]

Where were your father's father and your father's paternal grandfather born?

[UnknownUser20]

Where were your father's father and your father's paternal grandfather born?

Father's father = British Hong Kong
Father's paternal grandfather = China

[secret.simon]

Based on the facts given, the only way your father would be British "by descent" is if his own father or paternal grandfather was U.K. born (or naturalised).

If he simply went to the U.K. to study in 1969 on a visa/permit (without U.K. ancestry), and was granted settled status after 4 or 5 years, he would have acquired Right of Abode in his own right sometime around the mid-1970s. IF that's the case, he became a British citizen otherwise than by descent in 1983.

As neither your father's father nor your father's paternal grandfather were born in the UK, it would be safe bet to assume that your father acquired his Right of Abode and his British citizenship otherwise than by descent.

If you were born in Hong Kong, you would therefore be a British citizen by descent.

If you were born in the UK, you would be a British citizen otherwise than by descent.