Ontarian

I’m helping my wife with her UK citizenship application under Form UKM, and have a few questions that I'd appreciate getting cleared up. I’m a British citizen by birth, living in Canada since 1990 (just FYI, and not relevant to her application.)

My wife was born before 1983 (1966) in Canada to a British mother (born UK 1936, migrated to Canada c. 1960) and a Hungarian father (migrated to Canada 1956). As I understand it, this should make for a straightforward application under Form UKM — am I correct?

However I see a few possible complications, some of which might be based on reading the Form and Guide too literally. I’d appreciate any clarification/reassurance that folks can offer on these points:

1. The eligibility criteria listed in the Guide (p. 5 and elsewhere) include: “your mother was, at the time of your birth, a citizen of the United Kingdom and Colonies….” When I look up this designation (CUKC) it appears to have a very specific meaning — according to Wikipedia: “From 1 January 1949, when the British Nationality Act 1948 came into force, every person who was a British subject by virtue of a connection with the United Kingdom or one of her Crown colonies (i.e. not the Dominions) became a Citizen of the United Kingdom and Colonies (CUKC).” But this description doesn’t fit my wife’s mother: she was a citizen of the UK, by birth, pure and simple. Is the guide saying something different, or am I just over-analyzing?

2. The list of documents to submit includes:
- mother’s full birth certificate (> got) AND EITHER
- her certificate of naturalization or registration as a CUKC (that term again) (> doesn’t apply to her, as described above) OR
- papers showing her legal adoption (doesn’t apply) OR
- her expired CUKC passport (don’t have; she is deceased and hadn’t had a UK passport in at least 30 years).
So we seem to be short one required document — how to proceed here?
(Not to mention that pesky CUKC business again.)

3. My wife’s mother changed her name at some point after coming to Canada. I don’t believe there are any Canadian documents that we need to submit, so this shouldn’t be an issue, but just in case here are the details: She was born (let’s say) Jane Ann Doe and changed her name to Anne (with an added E) Jane Doe. As far as we know this was not a legal name change, just a change of use, though her Canadian documents including passport all use the second version. Any likely problems here?

4. Applicants’ documents to submit include “your passport” — meaning in this case my wife’s Canadian passport? She is understandably not eager to send this across the ocean and be without it for an extended period. Is a “certified copy” likely to be acceptable? I’ve seen posts o the forum that say no and others that say yes — so I’d appreciate knowing the level of certainty in the response. And if yes, how is this copy “certified” — by a lawyer, notary public, etc.?

Many thanks for all input. I truly appreciate the knowledge I've gained from the forum already, not least from BritInParis.

BritInParis

You're over-analysing. Her birth in the UK is her connection to the UK so when she ceased to be a British subject in 1949 she automatically became a Citizen of the United Kingdom and Colonies.

You can't provide what you don't have but it isn't necessarily a showstopper. Do you have any other expired passports belonging to her, e.g. Canadian?

Not unless your mother-in-law's name on your wife's birth certificate doesn't match her own full UK birth certificate.

You can try a certified copy and include a note staying your wife needs to retain it for frequent travel but be prepared to submit the original if it is requested. Getting the copy certified by a solicitor or public notary is a good idea if you want to go that route.

You are welcome.

Ontarian

Thank you for the quick response, BIP.

Yes, we have my mother-in-law's most recent Canadian passport, but it includes the changed version of her name (and her married versus original surname), so doesn't tally with her birth certificate. So better to send that and raise a red flag, or not send any passport, I wonder? My gut says don't send any and append an explanatory note to the form.

Good point. Well, it turns out that my wife only has a "short form" Ontario birth certificate, which doesn't list parental info. So she'll have to apply for the full, long form version, and see what it says. Fingers crossed.

Thanks. I saw that you had offered this advice to others. Is it anecdotal/intuitive, or are you aware of it having worked?

BritInParis

You could do that or send in the Canadian passport and marriage certificate with a note covering the change of forenames. If it's a relatively minor reordering then it's unlikely to cause too much difficulty whereas no passport at all might.

That's fairly standard for North America where jus soli citizenship is the norm. You'll also need your mother-in-law's full UK birth certificate as well.

It has worked in the past but it will really depend on the individual case officer. As such it's unpredictable to say whether it will work or not.

Ontarian

Thank you. Yes, the Cdn passport + marriage certificate to show the name change is a good idea.

I'll post an update when things move along.