global360

I was born in Kenya (CUKC by birth) before independence but (automatically) ceased to be a CUKC on 12 Dec 1963 (although still a minor).

I seem to satisfy all the conditions under 4C BNA 1981 to register as a British citizen. I was born before 1983. My mother was a CUKC when I was born and remained a CUKC until 31-12-1982. I would have been a CUKC by descent under Section 5of the BNA 1948. I would have had the ROA on 31-12-1982 while living in the UK and being married to a British Citizen.

Is it a problem that I was a CUKC by birth and lost it? Is it a problem that if I had become a CUKC by descent (mother), I would have lost it in 1963, unless my mother would have registered me as a minor between 1963 and 1982?

Overall, is UKM appropriate?

BritInParis

Where were your parents born?

global360

My mother was born in Kenya before 1948 and my father born in India before 1948. Mother retained her CUKC status after 1963 as both her parents (also CUKC) were born in India. We never lived in Kenya. We lived in Uganda where my father renounced his CUKC and became a Ugandan citizen in 1962 and then stateless in 1971. My mother remained a CUKC.

The issue is how to interpret 2nd condition in Sec 4C of BNA 1981 "sometime before 1.1.1983 would have become a CUKC under Section 5 (by descent via mother), BNA 1948"? I was in fact CUKC at birth under Section 1 (by birth) and Section 5 (by descent via father), but lost it as per Section 2.2 of Kenya Independence Act 1963 in conjunction with the Kenyan Constitution 1963 Section 1.1.

BritInParis

I think your problem is Right of Abode. The way the legislation is set up your mother would needed to have automatically become a British citizen on 1 January 1983 in order for you to qualify now to register under S.4C.

global360

BritInParis, thank you so much for looking into my issue.

On ROA, I feel I satisfy the condition 3(v) based on the Guidelines below:
Four Conditions for UKM
1. you were born before 1 January 1983; and
2. you would have become a citizen of the United Kingdom and Colonies by descent if women had been able to pass on citizenship to their children in the same way as men at the time of your birth; and
3. you have right of abode which you acquired because:
(v) you are a woman who, before 1 January 1983, was or had been married to a man with the right of abode in the United Kingdom; and
4. the Secretary of State is satisfied that you are of good character.
Source:
https://www.gov.uk/government/upload...ember_2015.pdf

The main concern is satisfying the 2nd condition (i.e. would have become a CUKC by descent under Section 5, BNA 1948 in the context of the entire BNA 1948 and the related 1963 Kenya Independence Act).
I also look forward to hearing from others who have applied through the UKM and were CUKC at birth and lost after independence.

global360

BritInParis, To clarify: I got married in England in 1980. My husband is a British Citizen. He became a British Citizen on 1.1.1983 under Section 11.1 of BNA 1981. He was a CUKC with ROA from before our marriage and up to 31.12.1982.

BritInParis

Since you know you already have RoA through marriage are you looking to move to the UK or merely obtain a British passport?

global360

I believe that I first "automatically" loss my CUKC in 1963 and "automatically" became Kenyan. Then in 1980, when I naturalized as a USA citizen, I automatically lost my Kenyan (and commonwealth) nationality. Thus, I do not actually have a ROA, despite my marriage to a British Citizen. However, if I were a CUKC under Section 4C of BNA 1981 on 31.12.1982, I would also have had ROA.

My intention is to become a British Citizen now with a view to joining my adult children in the UK by way of settlement; my husband is able to return to the UK for settlement only after 3 years.

BritInParis

What passport(s) did you hold before you naturalised as a US citizen?

global360

I was on my mother's CUKC passport (subject to Immigration Acts) until the age of 16. Then my name was crossed-off. I never lived in Kenya or applied for a Kenyan passport. I was classified as "stateless" refugee in the US and had a US travel document until naturalisation as a US Citizen in 1980.

global360

I would very much appreciate any further thoughts on my eligibility to register. My MAIN concern is "double dipping"; being a CUKC at birth, then having "automatically" ceased to be a CUKC, and now claiming it through mother!

As I said before, my question concerns the Home Office's probable interpretation of 2nd condition in Sec 4C of BNA 1981 "sometime before 1.1.1983 would have become a CUKC under Section 5 (by descent via mother), BNA 1948 in face of the FACT that I did ANYWAY become a CUKC on birth; and, after "automatic" loss as a child, would my mother have been able to register me on grounds of descent?

BritInParis

Given how complex your situation is I would just apply and see what happens. Given that S.4C registration is free I don't see you have much to lose.

global360

Thank you so much. I will share my experience on this after I apply (probably after a few months when I visit the UK).