Am I British by Descent or British Otherwise Than by Descent
Jun 26th 2013, 1:31 pm
#1
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Joined: Jun 2013
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Am I British by Descent or British Otherwise Than by Descent
Hi all,
I'm new here, so bear with me.
My father was born in Kenya in 1962. He left Kenya with his family about two to three years after birth, moving to south Africa.
His mother was born in London in 1936, and his father was born in Kenya in 1936.
I'm not sure if he was registered or not, but all his passports (the first that I've found is from 1970) say that he is a British Subject, Citizen of the UK and Colonies, until his new passports issued after 1981 that say he is a British Citizen.
I would like to know if he is British by descent or British otherwise than by descent.
Finding this out has been very difficult. Since I was born in the UK I have British citizenship, but my other siblings were born in South Africa. My brother is under 18 so can still apply to be registered if my father is British by descent, but my sisters are just over 18, so could only apply if dad is British otherwise than by descent.
We have spent so much money on lawyers, but they all say different things. Some have said that Dad can't pass it on at all, others have said it can be done.
I am at the end of my thread here.
Since dad was born in Kenya before it became independent I think my grandparents (who are both dead) must have registered him before they left.
So if he is British through being born in a colony, can he pass this on to his children? He is currently living in the UK and has married a British woman.
Any help would be so appreciated
I'm new here, so bear with me.
My father was born in Kenya in 1962. He left Kenya with his family about two to three years after birth, moving to south Africa.
His mother was born in London in 1936, and his father was born in Kenya in 1936.
I'm not sure if he was registered or not, but all his passports (the first that I've found is from 1970) say that he is a British Subject, Citizen of the UK and Colonies, until his new passports issued after 1981 that say he is a British Citizen.
I would like to know if he is British by descent or British otherwise than by descent.
Finding this out has been very difficult. Since I was born in the UK I have British citizenship, but my other siblings were born in South Africa. My brother is under 18 so can still apply to be registered if my father is British by descent, but my sisters are just over 18, so could only apply if dad is British otherwise than by descent.We have spent so much money on lawyers, but they all say different things. Some have said that Dad can't pass it on at all, others have said it can be done.
I am at the end of my thread here.
Since dad was born in Kenya before it became independent I think my grandparents (who are both dead) must have registered him before they left.
So if he is British through being born in a colony, can he pass this on to his children? He is currently living in the UK and has married a British woman.
Any help would be so appreciated
Jun 26th 2013, 10:09 pm
#2
Joined: Feb 2012
Location: Not in Paris
Posts: 18,194
Re: Am I British by Descent or British Otherwise Than by Descent
You say you have spent a lot of money on lawyers trying to have this question answered. Have your siblings tried applying for British passports yet?
Jun 27th 2013, 12:16 am
#3
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Re: Am I British by Descent or British Otherwise Than by Descent
They haven't. From what I've seen online most people are saying that it will be rejected because you have to be born in the UK to be british otherwise than by descent.
Jun 27th 2013, 12:52 am
#4
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 52,448
Re: Am I British by Descent or British Otherwise Than by Descent
There was another thread very recently, within the past few weeks, where someone reported that Kenya was a special case, unlike other British colonies, and that people born there before independence were British citizens who could pass on citizenship to their children, who would be "British by descent". Have a look for the recent thread, but I think I have the details right.
Jun 27th 2013, 12:37 pm
#5
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Joined: Sep 2010
Posts: 361
Re: Am I British by Descent or British Otherwise Than by Descent
There was another thread very recently, within the past few weeks, where someone reported that Kenya was a special case, unlike other British colonies, and that people born there before independence were British citizens who could pass on citizenship to their children, who would be "British by descent". Have a look for the recent thread, but I think I have the details right.
http://britishexpats.com/forum/showthread.php?t=799455
Good luck Gwyneth.
Jun 27th 2013, 1:13 pm
#6
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Joined: Jun 2013
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Re: Am I British by Descent or British Otherwise Than by Descent
Yes, thank guys.
It seems like my problem has a solution it looks like he is entitled to it, but I need a specific lawyer who knows this type of law to prove it. I'll post again when Ive managed to organize the finances for it. But it looks positive 
It seems like my problem has a solution
it looks like he is entitled to it, but I need a specific lawyer who knows this type of law to prove it. I'll post again when Ive managed to organize the finances for it. But it looks positive
Jun 27th 2013, 1:18 pm
#7
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Joined: Sep 2010
Posts: 361
Re: Am I British by Descent or British Otherwise Than by Descent
Jun 27th 2013, 1:26 pm
#8
Joined: Feb 2012
Location: Not in Paris
Posts: 18,194
Re: Am I British by Descent or British Otherwise Than by Descent
I wouldn't bother with lawyers - make an application to the UK Border Agency yourself for confirmation of British nationality.
http://www.ukba.homeoffice.gov.uk/si...nationality/ns
http://www.ukba.homeoffice.gov.uk/si...nationality/ns
Jun 27th 2013, 4:06 pm
#9
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Joined: Jun 2013
Posts: 9
Re: Am I British by Descent or British Otherwise Than by Descent
I wouldn't bother with lawyers - make an application to the UK Border Agency yourself for confirmation of British nationality.
http://www.ukba.homeoffice.gov.uk/si...nationality/ns
http://www.ukba.homeoffice.gov.uk/si...nationality/ns
