Loss of British subject as a minor under act of 1915 to 1948

[strappolee]

My Grandfather was born in London in 1901

He serves with his father in WW-1
I have an image of them both in uniform together

My mum is born in May 1931, however, I don't think the statue of Westminster changed citizenship laws much Canada in 1931 still makes you a British subject and not later a CUKC (?)

Granddad and mum become permanent residents of the US in the 1940's and in 1943 he becomes an American citizen
my mum does not, she is 12 years old she becomes an American in 1947 at age 16 there is a problem though
Canada citizenship law in force 1 January 1947 says they do not become citizens under that law, the 1915 act suggests they are no longer British subjects or at least my grandfather is not. In the case of mum if she is not American or Canadian or a British subject then she is stateless
I was born in 1958 so if mum became an American in 1947 and she could not be a British subject or a CUKC in on 1 January 1949

I was hoping to apply for Double descent under the UKM
here are the documents I study for this complex UK/Canada problem
2018 supreme court ruling overturning registration requiremnts
This is the new UKM instructions in response to the court ruling, I discovered it here,
good overview of the court ruling
I found this home office document easy to read I was looking to see if the 1948 act might have been retrospective to my case

historical overview

Lastly though is what does citizenship Canada think happened to us on 1 January 1947 the citizenship act?


where you really a British subject in Canada in 1947?

my family applied in 2009 for citizenship but was told that my mother was not a Canadian at the time of my birth but here is a problem. My mum as stated above was also not an American or Canadian in 1947 so what country was she a citizen of?

The 1948 act is a fascinating document aside from the 1983 act there are two schedules commonwealth nations that had citizenship laws by 1 January 1949 Canada is on that one, Commonwealth nations who did not yet have laws yet another schedule but what is lacking (please help) is what happened to folks on the first schedule of dominion country/commonwealth where folks did become citizens? the second schedule says you became a CUKC with some folks British subjects without citizenship
In one of the plain English home office documents, I saw the language that if you were a British subject in a schedule 1 commonwealth nation like Canada and you did not become a citizen then you remained a British subject on 1 jan 1949

Perhaps the 1983 act would forgive my mum being a stateless person in the 1940's its the source of the double descent language right?

Your thoughts

[secret.simon]

Where and when was your mother born? Why do you think that she did not become Canadian in 1947? Why do you think they lost British subject status in the 1940s?

Remember that if she did lose British subject status, you will not qualify for registration under Form UKM, which requires that your mother was a British citizen or was at least a Commonwealth citizen with Right of Abode at the time of your birth.

[strappolee]

she was born in Vancouver BC in 1931
she naturalized as an American in 1947
in 2015 Canada restored citizenship to all Canadians who were born in Canada before 1947
canada acknowledges that everyone who was not in Canada on 1 Jan 1947 did not become a Canadian on that day
see link above
we where denied citizenship when applied for in 2009
but last year everyone in my family received Canadian citizenship certificates dating back to our births
Google "lost Canadians"

would the home office honor what Canada has done?
or did mum lose her British subject status as a minor child in 1947?

[strappolee]

And yes I understand what you say in regards to the UKM form
from the 1915 Imperial citizenship act

"12 Status of children
(1)Where a person being a British subject ceases to be a British subject, whether by declaration of alienage or, otherwise, every child of that person, being a minor, shall thereupon cease to be a British subject, unless such child, on that person ceasing to be a British subject, does not become by the law of any other country naturalized in that country :Provided that, where a widow who is a British subject marries an alien, any child of hers by her former husband shall not, by reason only of her marriage, cease to be a British subject, whether he is residing outside His Majesty's dominions or not.
(2)Any child who has so ceased to be a British subject may, within one year after attaining his majority, make a' declaration that he wishes to resume British nationality, and shall thereupon again become a British subject.""

So in 1943 grandfather becomes American but mum who Canada claimed lost her citizenship on 1 Jan 1947 would have kept her British subject at least until 1947 when she becomes American so my theory she was stateless does not hold water.My Mum would have turned 21 years of age in 1952 after the 1948 act is passed I am going to go research the repeal of the 1915 act by the 1948 act did?

[strappolee]

British Nationality
Act, 1948.

The British Nationality Act, 1914
Extent of Repeal.
The British Nationality Sections one to sixteen.

So my mums right to resume was extinguished on 1Jan 1949? Canada now says my mum was a citizen back to 1931 her birthday so with a London born parent she would be a Commonwealth citizen with right of Abode?
Accept my apologies I have been studying this all day so here is my major find made moments ago


"A person was a British subject without citizenship (BSWC) under section 16 of the
BNA 1948 on 31 December 1982 if:
• they were born before 1 January 1949
• before 1 January 1949:
o while a minor, ceased to be a British subject under section 12(1) of the 1914
act
o had not made a declaration of a resumption of British nationality under section
12(2) of the 1914 act
• they would, but for section 12(1) of the 1914 act, have become, on 1 January
1949, either:
o a CUKC
o a BSWC under section 13 of the BNA 1948
• between 1 January 1949 and 31 December 1982 inclusive, they had:
o made a declaration of a resumption of British nationality under section 16(2) of
the BNA 1948
o was, as a result, treated as if they had on 1 January 1949, become a BSWC
under section 13 of the BNA 1948 not a CUKC"

The 1948 act makes no mention of American citizenship or foreign citizenship just commonwealth so I make the argument that my mothers British subject status lives on past her American naturalization because she is a minor child until 1952
the 1948 act does rescind the 1915 act in that you do not lose your citizenship if you naturalize somewhere else
at least my mother at 16 years old in 1947 does not have the right to agree to lose her citizenship she does however not apply to resume between 1949 and 1982, problem Eh?
Here is how the 1948 act modifies the 1915 act as to minor children

had she resumed her citizenship what was she on Jan 1 1949?
Canada says at that time until 2015 says she was not a citizen.....
And if she had not resumed her citizenship in 1958 when I am born well the home office will say no?


Here is how the 1948 act modifies the 1915 act as to minor children https://assets.publishing.service.gov.u ... s-v1.0.pdf