British Overseas Citizen - Kenya

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Old Jan 27th 2018, 6:07 am
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Default British Overseas Citizen - Kenya

Hi,

I've been researching abit, but been getting conflicting info and very confused.

My Father (born 1954), Grandmother (born 1933) as well as Great Grandfather (born 1910), was born in Kenya, which was a British Colony. Born close to Nairobi.

My Great Grandfather served in the British army (crown service). I'm not 100% if he was recruited in the UK, or in Kenya. He was in the Kenyan Regiment. Still waiting for the documents to confirm this. My great Grandfather carried a UK passport when they left Kenya in 1964.

My siblings and I, were all born in South Africa (between 1977 - 1981)

I read that because my dad, and grandmother, and great grandfather were born in Kenya, they automatically became British Overseas Citizens.

Does this enable either my dad, or us to get a british passport, or also become British overseas citizens?
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Old Jan 27th 2018, 8:10 am
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Default Re: British Overseas Citizen - Kenya

Originally Posted by whythetorment
Does this enable either my dad, or us to get a british passport, or also become British overseas citizens?
In your case, there is not much use of you becoming a British Overseas Citizen (BOC). British Overseas Citizen has no right of abode in the UK, so you cannot use your BOC status to move to the UK.

As you were born in South Africa, do you have a South African passport? If you have, this means that you cannot get British Citizenship via section 4B of the British Nationality Act 1981.
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Old Jan 27th 2018, 9:14 am
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Default Re: British Overseas Citizen - Kenya

Aww thats a bit disappointing.

So regardless of what it says in my great grandfather's passport, british citizen, etc, it won't help my parents? I'll be getting the original passport in about 2 weeks time from family members to see what the status says.

It's more for my parents and siblings as I'm able to go with my husband his ancestral visa (grandfather born in the UK)

My siblings doesn't have SA passports. They have ID Documents showing their nationality.

Last edited by whythetorment; Jan 27th 2018 at 9:23 am.
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Old Jan 27th 2018, 10:33 am
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Default Re: British Overseas Citizen - Kenya

Kenya was a British colony until 1963. Everyone born there was considered a British subject and later a Citizen of the United Kingdom and Colonies (CUKC). On independence many born in Kenya did not become citizens of the newly independent Kenya due to Kenyan nationality law, like many other newly independent African former colonies, being explicitly racial in defining eligibility for citizenship. Those who did not qualify for Kenyan citizenship and were not eligible to continue to be a CUKC after independence could become a British Overseas Citizen (BOC) in order to prevent them from becoming stateless.

Unless either of your parents have a grandparent born in the UK then it's unlikely that they have a claim to British citizenship particularly if they hold South African citizenship.
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Old Jan 27th 2018, 7:25 pm
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Default Re: British Overseas Citizen - Kenya

Originally Posted by whythetorment

My siblings doesn't have SA passports. They have ID Documents showing their nationality.
What is the nationality shown on your sibling's ID documents? If your siblings don't have South African nationality (or any other nationality) and only hold a British Overseas Citizen (BOC) passport, then they can apply to register to become a British Citizen under section 4B of the British Nationality Act 1981.

https://www.gov.uk/government/public...tizen-form-bos
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