Could I be a British citizen? (mother born in singapore)

[calistae]

Hi,

I am trying to work out:

1) If my mother may have British citizenship
2) If I may have British citizenship through my mother.


Unfortunately, my mother isn't in a state to assist me. I have tried looking through the legislation and tried calling the UK home office and I am still confused. I'd really appreciate some help!

Here are the facts:

1) Mum was born in Singapore in 1962.
2) Her birth certificate states that both her parents are British.
3) My mother's father was born in Singapore in 1922 and her mother was born in Turkey in 1928
4) Mum moved to Australia in 1963. She traveled on her father's British passport.
5) Mum became an Australian citizen in 1979.
6) I was born in Australia in 1987.

I am confused what citizenship she had when she was born. She is unable to say. My understanding is that Singapore was no longer a British colony in 1959.


However, this website (the person responding is Jane White of the Nationality Operational Policy
UK Border Agency) states "Before 16 September 1963 Singapore was part of the United Kingdom and
Colonies for nationality purposes. This means that a person born there, or descended from a person born there, could have become a citizen of the United Kingdom and Colonies."

https://www.whatdotheyknow.com/request/ ... passport_2


I'd really appreciate some help, or some direction where to look next.

Thanks so much!

[secret.simon]

Were any of your ancestors in the patrilineal line born in the UK?

Your maternal grandfather was a CUKC (Citizen of the United Kingdom and Colonies), most likely by birth in Singapore himself. Your mother was also likely a CUKC for the same reason.

However, CUKCs whose only connection to the UK & colonies was through Singapore (or Malaysia) lost their CUKC status in 1963, with the Malaysia Act 1963. Your mother would have retained CUKC status if her father's father was born in the UK or one of the other remaining colonies.

However, a CUKC with no direct family connection to the UK itself (not including the colonies) -i.e. either a parent or a grandparent having been born in the UK - did not have the Right of Adobe in the UK after 1971 and therefore did not get full British citizenship when that was created in 1983.

If your mother's father's father was born in the UK or a non Malaysian colony (including Singapore), she may (I am not certain) possibly qualify for a British Overseas citizenship, but that does not give any right to reside in either the UK or the EU. And if she is a British Overseas citizen, she cannot pass it on to her children anyway.

I have linked to some documents in my response to another query from a fellow Australian. You may wish to go through them.

[calistae]

Hi Simon

Thank you for your response

I don't think my father's family is from the UK

I was looking into this all again (for the last few hours, it's extremely interesting!)

Are you able to tell me if I'm off track here:

1) the Malaysia Act 1963 states: a person shall not cease to be a citizen of the United Kingdom and Colonies under section 2(2) of this Act if he, his father or his father's father— was born in the United Kingdom or in a colony" ...... mum's grandfather was born in Pietermaritzburg in 1886 (british colony 1843-1910) Her great grandfather was born in Lancashire, England in 1863. is this irrelevant?

I am confusing myself!

thank you!

[secret.simon]

Before 1983, all that mattered was the patriline (father, father's father, etc). Women did not transmit citizenship and indeed in many cases automatically took the husband's status. So the place of birth of your mother's father is of no consequence.

Even were it to be the case that your mother had acquired CUKC, as she had no ascendant relatives for the past two generations (parents or grandparents) born in the UK itself, she would not have acquired British citizenship, but British Overseas citizenship in 1983, when the British Nationality Act 1983 came into force. That would not give her any right to reside in the UK nor would that be transmitted to her children.

The general rule of thumb is that British citizenship can be transmitted automatically one generation outside the UK and can be registered for a further generation, but no further. So, a max of two generations outside the UK.

You can safely stand for election as an MP or Senator in Australia.

[JAJ]

I am confused what citizenship she had when she was born. She is unable to say. My understanding is that Singapore was no longer a British colony in 1959.


However, this website (the person responding is Jane White of the Nationality Operational Policy
UK Border Agency) states "Before 16 September 1963 Singapore was part of the United Kingdom and
Colonies for nationality purposes. This means that a person born there, or descended from a person born there, could have become a citizen of the United Kingdom and Colonies."

Similar question came up recently.
british-citizenship/mother-born-in-sing ... 43886.html

The information from the Home Office quoted above is likely incorrect and does not take into account the special status of Singapore in the years preceding is absorption into Malaysia. As I understand it, between June 1959 and September 1963, Singapore remained legally a colony but was no longer part of the UK & Colonies for nationality purposes. In order to see exactly what the details around this establishment of Singapore's local nationality were you'd need a copy of the (British) State of Singapore Act 1958. Not available online but it may be possible to request through a state/university library or purchase a paper copy.

It is likely that mother was Singaporean by birth. Assuming Singapore had been fully extracted from the U.K. & Colonies nationality structure from 1959, there is no obvious piece of evidence to suggest that she was a Citizen of the U.K. & Colonies. Unless her father was in U.K. Crown Service when she was born, if she had a paternal grandfather born or naturalised in the U.K/remaining colony, or she was registered as a U.K. & Colonies citizen with the British diplomatic/consular authorities in Singapore after she was born. If she was registered with the British consular authorities before 28.10.1971 then she would likely have become a British citizen otherwise than by descent in 1983 and you would be a British citizen by descent.

Her father had a British passport- was this a British passport issued by the U.K. authorities (United Kingdom of Great Britain and Northern Ireland) or by the British colonial authorities in Singapore? Or by the 1959-63 Singapore government- since the United Kingdom was still the sovereign power, Singapore passports from this era may have been variants of a British passport. If it was a standard U.K. passport then your mother should not have been included on it unless she was a CUKC at the time although this was not always enforced.

[calistae]

Firstly, thanks so much for your response!

I have the passports of both my grandmother and grandfather here and they are blue passports that say "United Kingdom of Great Britain and Northern Ireland".

Could this mean that she was a CUKC then, even if she wasn't born when Singapore was a British colony?

I am not too sure where to go from here.

Thanks so much