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Australian citizenship cancels British nationality!

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Australian citizenship cancels British nationality!

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Old Sep 2nd 2012 | 12:31 am
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Default Australian citizenship cancels British nationality!

Have just read a rather startling report in the British press regarding a man who, apparently, automatically lost his British nationality and right to remain when he became an Australian citizen.

I didn't think this happened?

The gentleman concerned is Professor John Tulloch, a now 70 year old man who was born in India to British parents whilst India was still part of the Empire.

It seems he spent most of his life in the UK then came to Australia, took citizenship and then lost his British nationality.

I was not aware taking Australian citizenship ever cancelled British nationality... and I find this concerning.
 
Old Sep 2nd 2012 | 12:35 am
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Default Re: Australian citizenship cancels British nationality!

Originally Posted by brissybee
Have just read a rather startling report in the British press regarding a man who, apparently, automatically lost his British nationality and right to remain when he became an Australian citizen.

I didn't think this happened?

The gentleman concerned is Professor John Tulloch, a now 70 year old man who was born in India to British parents whilst India was still part of the Empire.

It seems he spent most of his life in the UK then came to Australia, took citizenship and then lost his British nationality.

I was not aware taking Australian citizenship ever cancelled British nationality... and I find this concerning.
It most certainly does not cancel British citizenship. According to this

http://economictimes.indiatimes.com/...w/16208921.cms

The man you're referring to was not a British citizen, but a "British subject without citizenship" because he was born in India in 1942.

"Due to his being a 'British subject without citizenship', his acquisition of Australian citizenship automatically cancelled both his British nationality and his right to live in Britain."

He was never a full British citizen.
 
Old Sep 2nd 2012 | 12:43 am
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Default Re: Australian citizenship cancels British nationality!

Originally Posted by Zen10
It most certainly does not cancel British citizenship. According to this

http://economictimes.indiatimes.com/...w/16208921.cms

The man you're referring to was not a British citizen, but a "British subject without citizenship" because he was born in India in 1942.

"Due to his being a 'British subject without citizenship', his acquisition of Australian citizenship automatically cancelled both his British nationality and his right to live in Britain."

He was never a full British citizen.
The article I read said he lost his British nationality and right to remain in the UK when he took Australian citizenship.

I understand he was born in India (to British parents) but am not sure what the difference is between being a British national and a British citizen?

Regardless, it seems unjust that a man who has lived most of his life in a country (UK) and has both parents born in the UK could be stripped of the right to live there.
 
Old Sep 2nd 2012 | 12:49 am
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Default Re: Australian citizenship cancels British nationality!

Originally Posted by brissybee
The article I read said he lost his British nationality and right to remain in the UK when he took Australian citizenship.

I understand he was born in India (to British parents) but am not sure what the difference is between being a British national and a British citizen?

Regardless, it seems unjust that a man who has lived most of his life in a country (UK) and has both parents born in the UK could be stripped of the right to live there.
Well, the difference between the two has been highlighted by this case, and is to do with the right of abode in the United Kingdom. His right to live in the UK was dependent upon him not taking another citizenship out, I presume, so when he did that he lost his right to live there. It would be unjust, but I feel he could have researched this and made his status safe. What irritates me is that they're making it so bloody hard for him to sort something out and are basically just washing their hands of him.
 
Old Sep 2nd 2012 | 12:59 am
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Default Re: Australian citizenship cancels British nationality!

Originally Posted by Zen10
Well, the difference between the two has been highlighted by this case, and is to do with the right of abode in the United Kingdom. His right to live in the UK was dependent upon him not taking another citizenship out, I presume, so when he did that he lost his right to live there. It would be unjust, but I feel he could have researched this and made his status safe. What irritates me is that they're making it so bloody hard for him to sort something out and are basically just washing their hands of him.
This suggests to me that the immigration law could affect anyone who has moved from the UK (to Australia, for example) and had children outside of Britain?

Couldn't that also define Australian born children of British parents as British nationals who aren't actual British citizens? He has even been the holder of a British passport!

I wonder if this is new or something that has gone under the radar for a while?

Last edited by brissybee; Sep 2nd 2012 at 1:01 am.
 
Old Sep 2nd 2012 | 1:04 am
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Default Re: Australian citizenship cancels British nationality!

Originally Posted by brissybee
This suggests to me that the immigration law could affect anyone who has moved from the UK (to Australia, for example) and had children outside of Britain?

Couldn't that also define Australian born children of British parents as British nationals who aren't actual British citizens? He has even been the holder of a British passport!

I wonder if this is new or something that has gone under the radar for a while?
Somewhere in the Immi forum, if I can find them, there are posts from JAJ that have more details of loss of one or the other - from memory its something that happened a few years back when dual citizenship wasn't possible, and people that lost their British (or Aus) citizenship at the time could in some circumstances apply to get it back. Its several years ago now that it could happen.
Its not something likely to affect your family, your kids aren't "British subjects without citizenship"

Last edited by Pollyana; Sep 2nd 2012 at 1:08 am.
 
Old Sep 2nd 2012 | 1:11 am
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Default Re: Australian citizenship cancels British nationality!

Have a read of
http://www.ukba.homeoffice.gov.uk/br...itishsubjects/
 
Old Sep 2nd 2012 | 1:13 am
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Default Re: Australian citizenship cancels British nationality!

Originally Posted by Pollyana
Thanks, I will read up...

I'm guessing I'm also still allowed to be an Australian and a British citizen too. (Though if I had to choose... )

I do think it's very cruel what is happening to the Professor though.
 
Old Sep 2nd 2012 | 1:16 am
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Default Re: Australian citizenship cancels British nationality!

Originally Posted by brissybee
This suggests to me that the immigration law could affect anyone who has moved from the UK (to Australia, for example) and had children outside of Britain?

Couldn't that also define Australian born children of British parents as British nationals who aren't actual British citizens? He has even been the holder of a British passport!

I wonder if this is new or something that has gone under the radar for a while?
Like Pollyana says, most British people who have naturalised in Australia are full British citizens, and then retained their citizenship after acquiring Australian citizenship. The status of their children is (often) that they are British citizens by descent (so long as the parents meet certain requirements), which carries certain restrictions.

I agree, this certainly must affect lots of people, but I'm sure it's an established rule, and we're reading about it because this guy is educated and enraged at the same time.
 
Old Sep 2nd 2012 | 1:18 am
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Default Re: Australian citizenship cancels British nationality!

Originally Posted by brissybee
Thanks, I will read up...

I'm guessing I'm also still allowed to be an Australian and a British citizen too. (Though if I had to choose... )

I do think it's very cruel what is happening to the Professor though.
Yeah, it doesn't affect people like us - its an unusual situation and shows how important its is to check out the ramifications before taking out any other citizenship.
Reading citizenship threads on here is fascinating - there was a US one recently where someone thought they had to renounce British to serve in the US Army, and then they could just regain it afterwards - not quite that simple and is causing nightmares for the status of their child. We've also had Germns on the Aussie forum who have detailed how they have to get permission from germany before they can apply for dual citizenship as Aussies. Makes our situation seem so simple!
 
Old Sep 2nd 2012 | 1:19 am
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Default Re: Australian citizenship cancels British nationality!

Originally Posted by Zen10
Like Pollyana says, most British people who have naturalised in Australia are full British citizens, and then retained their citizenship after acquiring Australian citizenship. The status of their children is (often) that they are British citizens by descent (so long as the parents meet certain requirements), which carries certain restrictions.

I agree, this certainly must affect lots of people, but I'm sure it's an established rule, and we're reading about it because this guy is educated and enraged at the same time.
I guess you're right there - its probably happened to many others over the years but because this guy knows how to get his voice heard, its now in the public eye.
 
Old Sep 2nd 2012 | 7:27 am
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Default Re: Australian citizenship cancels British nationality!

A British citizen cannot loose their nationality unless under quite dramatic circumstances, but because there is the whole ex-Empire thing some people are not "full" British citizens. These are therefore not protected in the same way.
It was probably to do with giving them some kind of travel document when they didn't fit in otherwise. This is a very specific case quite rare nowadays I think, because it is all a result of the breaking up of the British Empire.
 
Old Sep 2nd 2012 | 8:37 am
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Default Re: Australian citizenship cancels British nationality!

Originally Posted by brissybee
The article I read said he lost his British nationality and right to remain in the UK when he took Australian citizenship.
British subject status does not automatically carry a Right of Abode in the United Kingdom.


I understand he was born in India (to British parents) but am not sure what the difference is between being a British national and a British citizen?
The biggest difference is that those who are not full British citizens do not automatically have the right to live in Britain.


Regardless, it seems unjust that a man who has lived most of his life in a country (UK) and has both parents born in the UK could be stripped of the right to live there.
Nowhere does it tell us where parents were born.

His father was probably also born in British India. If his father had been born in the United Kingdom then he would be a British citizen (if parents were married).

In 1949, the law generally ignored where the mother was born. However, subsequent changes to the law have given an opportunity to register as a British citizen by descent to those with a U.K. born mother. Not everyone who could benefit is aware of this, however.
 
Old Sep 2nd 2012 | 9:08 am
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Default Re: Australian citizenship cancels British nationality!

I was getting increasingly worried there till the last post, as I was born in Bahrain, but thankfully both my parents were born in the UK so I am a citizen. But I'll be checking my passport just in case, as I'm currently in the process of applying for Aussie citizenship.
 
Old Sep 2nd 2012 | 9:45 am
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Default Re: Australian citizenship cancels British nationality!

Originally Posted by carolinephillips
I was getting increasingly worried there till the last post, as I was born in Bahrain, but thankfully both my parents were born in the UK so I am a citizen. But I'll be checking my passport just in case, as I'm currently in the process of applying for Aussie citizenship.
Caroline, remember that Aussie citizenship confers a loss of part of the brain - also worth taking into account....if, like me, you didn't start with the full quota then you might end up entitled to a New Zealand passport...
 


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