British citizenship for child of a person (british citizen) born in Kenya in 1939

[dannycov]

I am asking this question on behalf of a close friend, who is an Indian national.

My friend's father was born in 1939 in Kericho, Kenya. His father went to India in 1970 to take care of his elderly parents and then just stayed there in India until 2007. He had British Citizenship (not sure if it citizenship or British Protected Person) but he had a blue color British passport.

In 2007, his father moved to UK (after getting new red color passport) and stayed here in the UK until Aug, 2015. He went to India in Aug 2015 and passed away in October 2015.

My friend was born in India in 1978 and has a family there now.

Is my friend and his family eligible for settlement in the UK through his father's British nationality?

If yes, could you please let me know which rule or category. I know you may need more info, so please ask.

[seagul]

No. Your friend is a mature man not under 18 teen.

[dannycov]

Yes that's what I think too but there are quite a few different rules so wasn't sure. I have looked at this post from secret.simon which I find quite informative and related to my question.

general-uk-immigration-forum/british-ov ... l#p1590907

If your great grand-father, grandmother and father had British passports only because of their birth in Kenya (i.e. no relationship to a person born in the UK as now constituted), then they would have been CUKCs (Citizens of the United Kingdom and Colonies) at birth, but they would have become British Overseas citizens in 1983. BOCs do not have the right to reside in the UK nor is it inheritable (i.e. you can't get it by descent).

The significant difference between the CUKCs who became British citizens (with the right to reside in the UK) on 1st January 1983 and those who became British Overseas citizens (with no right to reside in the UK) was descent from a person born in the UK (as now).

So, you will need to track down the documentary evidence of an ancestor who was born in the UK, in order to have even a remote chance of being able to claim British citizenship.