BritInParis

It would be helpful if you could provide a link to the information you're using. As it stands I suspect you'll be wasting £234 by making a Form NS application. It's also worth pointing out that in the unlikely event that you are a British citizen then your UK student visa is null and void as are your family's UK visas.

nmruk

Thanks for the reply.

Yes, I know the visa would be null, but as I haven't made a claim, I think it should be safe to continue to reside in the UK with my family while we have a 'valid' visa, as far as the HO is concerned.

Honestly, I don't know what is the better way to go about this as when I started with all the research was just to find a way to stay without extending my current visa to avoid all the maintenance requirement. I know the NS would be a waste but, just afraid of any policy changes prior to me requesting the CE. Please advise if you have a better idea or any experience in this matter.

Thank you.

BritInParis

Unless you can provide links to the sources of your claim to British citizenship then there is little point in continuing.

nmruk

Hi sorry, I don't understand as all the sources I use are from ukba... an example is one below:


https://www.gov.uk/government/publications/automatic-acquisition-persons-born-before-1-january-1983-annex-d

Is this what you meant?

BritInParis

Only a CUKC with Right of Abode on 31 December 1982 would have become a British citizen on 1 January 1983. Since none of the conditions in the flowchart apply either to yourself or your father then the best you could hope for would be British Overseas citizenship which means you are still subject to immigration control in the UK and offers no advantage over your Malaysian passport.

nmruk

Hi BIP,

Thanks for your reply.

My thoughts were as below:
- My dad and my dad's dad were CUCK by birth. I would be CUCK by descent.
- My dad would have the right to abode by virtue of s.2(1)(a) and I have the right to abode by virtue of s.2(1)(b)(i) in reference to the Immigration Act 1971 as in force on 31 December 1982.

Please correct me if I am wrong. Thank you.

BritInParis

Neither you, your father nor your grandfather were born, adopted, naturalised or registered in the United Kingdom so S.2(1) does not apply to you.

nmruk

Hmm.. I have a hard time understanding your replies.

My dad and my grandfather were born in a UK colony and retained their citizenship status. I am not claiming them to be born in UK, but the claim I think was from automatic acquisition from connection to previous British colony. I think CUCK are those who were born from British colony, please correct me if I am wrong as I don't understand your replies. Maybe a link to why you think CUCK has a different meaning?

BritInParis

If they retained CUKC then they would only automatically become British citizens if they had Right of Abode in the UK. This only applied to those with a direct connection to the UK as laid out in the Immigration Act 1971 and the flowchart you have quoted. Those CUKCs without Right of Abode usually became British Overseas citizens.

nmruk

Thank you for your reply. I really appreciate your inputs as I would really want to learn/know anything else that would not make sense in my application. If you don't mind, I would like to discuss with you more regarding the matter above.

Your reply, means, my dad has the right of abode by virtue of s2 1971. Please correct me if I am wrong.

Following the above, in reference to https://www.gov.uk/right-of-abode/commonwealth-citizens , I *think* I fulfill all the following:

You have right of abode if all the following apply:

-one of your parents was born in the UK and a citizen of the United Kingdom and colonies when you were born or adopted
-you were a Commonwealth citizen on 31 December 1982
-you didn’t stop being a Commonwealth citizen (even temporarily) at any point after 31 December 1982.

BritInParis

Simply put your father wasn't born in the UK, therefore he didn't receive Right of Abode and did not became a British citizen and consequentially neither are you.

nmruk

Owh okay.

hmm.. in another perspective, i would be living here 4 years at the end of my Tier 4 visa, which if I find a way to stay on another visa for another year to make it till 5 years, can I apply for naturalisation?

My mom said, her father worked for HM royal navy in singapore as store assistant. can it mean anything if my mom can claim as CUCK by marriage?

Thank you in advance

HKG3

You will not be able to naturalise as a British Citizen after living in the UK for five years alone as you do not have Indefinite Leave to Remain (ILR) in the UK. (You stated in your earlier post that you hold an UK student visa) You will need to have ILR for at leave a year before you can naturalise (unless you are married to a British Citizen).

BritInParis

Time spent in the UK doesn't count towards the five years required to be eligible for ILR.

That doesn't make much sense I'm afraid. Unless you have a UK-born parent or grandparent then it is unlikely you are eligible for British citizenship.

angie_329

Here is an article about the historical issues on BOC and Malaysians- they do not have the right to convert to BC, not having right of abode.

Malaysians left 'stateless' in UK after passport gamble backfires - Telegraph