Applying for British passport - UNUSUAL CASE - please help

[GregsBCquest]

Please help . Unusual British Citizenship application .
Father registered as a British Citizen otherwise than by descent only in 2007 born in 1945. .According to FOI the relevant acts for his case ,1981 bna 11(1) ,bna 1948 12(2),immigration act 2(1)(b)(I).( His father was in Crown Service at the time of his birth overseas in a common wealth country. )
Does his otherwise than descent confer BC by descent to his adult son born in a foreign country 1965 automatically ?
If yes , by which application form.
If no, by which way can can registration of BC be sought .

[secret.simon]

Father registered as a British Citizen otherwise than by descent only in 2007 born in 1945.

Under what section of the BNA did your father register as a British citizen? Be aware that registration is only prospective, not retrospective and that if your father was registered in 2007, that means that the Home Office did not consider him a British citizen prior to that date (a British citizen cannot be registered).

( His father was in Crown Service at the time of his birth overseas in a common wealth country. )

You will need to elaborate quite a bit.

When and where was your paternal grandfather born? When and where was your father born? How was your paternal grandfather in Crown Service at the time of your father's birth?

Finally, what citizenships do you hold?

[GregsBCquest]

Thank you , I will reply shortly .

[GregsBCquest]

Father applied for his passport in 2007 for the first time (if registered is the incorrect word to use).

He received this Nationality status from FOI team ;

1) British Nationality Act 1981 section 11(1).
2) British Nationality Act 1948 section 12(2).
3) Immigration Act 1971 1971 section 2(1)(b)(I).

His father was born in the UK (My grandfather) in (Leeds County) in 1919.All our ancestors and family prior to that date were British citizens by birth.
His father (same person) was recruited in the UK (1939) for service in the RAF , was sent to the Cape Colony , Union of South Africa between 1939 and 1945 ,married in 1942 and had a child there (my father) who was born in January 1945 .Returned to the UK in September 1945 and was demobbed at Queen Elizabeth Barracks in 1946.
My father was a British Citizen from birth .Otherwise than by descent .
He only applied for his passport and received it in 2007.

South Africa left the Common Wealth in 1961 and became a "foreign country " until 1994 when South Africa returned to the Common Wealth . I was born in 1965 in a "foreign country" and hold a South African passport.

Will much appreciate your help .Thank you.

[secret.simon]

Father applied for his passport in 2007 for the first time (if registered is the incorrect word to use).

Registration is a procedure for the acquisition of British citizenship by certain specific non-British citizens. So, in this context, it was the incorrect word to use.

He received this Nationality status from FOI team ;

2) British Nationality Act 1948 section 12(2).

This is the bit you need to look at.

If your father acquired CUKC status (and subsequently British citizenship status) under Section 12(2) of the British Nationality Act 1948, he is a British citizen by descent (see subsection 8 of the same section).

You are quite correct that your grandfather's service would have been considered as Crown Service, but the concept of acquiring citizenship while the father/parent was on Crown Service was only introduced for people born after 1st January 1949 by Section 5(1)(c) of the same Act. It did not apply to people who were already born British subjects before that date.

If your father had been born in or after 1949 and your grandfather was still in Crown Service at the time of your father's birth, you could have qualified for a British passport as a British citizen by descent. But as he was born before that date, he himself was a British citizen by descent and hence could not pass on his British citizenship to his children (you) automatically.

The cheapest way to test this is to make an application for a British passport as a British citizen by descent. Just don't get your hopes up too high, as according to me, it should be refused.

[GregsBCquest]

Thank you , I looked at Section (12)(2) of the BNA of 1948 , I confirm that my father according to this section was ( deceased now) a BritishCitizen by descent , however section 14(1) of the BNA 1981 states who is a citizen by descent ,none applicable ,with exception of section 14(2) of the same Act confirms who is not by 'descent ' .
Section 14(2)(a) and section 14(3) (a).This appears to be " otherwise than by descent" This appears to be the case of my father.

When I read section 5(1)(c) bna 1948 I didn't read the words ' from commencement' of this act . It reads .....(c) that the persons Father is at the time of birth ,in Crown Service under His Magesty's government in the United Kingdom .

I have read a few cases where children born to parents in Crown Service during WW2 1939-1945 ie born prior to 1948 (bna act 1948) have successfully received BC. If the act was meant for children born after 1948 only, all children born during the war to Crown Service( which includes military service ) employees would be excluded ,I don't think this was the intention of that section to exclude children born during the war ,I could be wrong ,I am often wrong .

My humble question then still remains regarding my initial request , any advice ?

[GregsBCquest]

When I looked at section 5 of the bna ( 1948 ) I see that it does not apply in this case . It applies only the father of the person being a citizen by descent only , my granddad was a citizen by birth .

We need to look elsewhere( other sections )for clues . All advice is appreciated , thank you .