Hello,

I am hoping someone may help me as my case is quite similar. I am thinking of applying with Form UKF but I am not sure if I am eligible.

Some general facts:

• My parents never married
• I am Canadian, born in France in 1990

Facts about my father:

• He is a British citizen
• He was born in 1959 in Hong Kong
• He resided in the UK from 1975 to around 1985
• His old Citizen of United Kingdom and Colonies passport issued in 1982 states he had the right of abode in the UK.
• He changed his middle name about 15 years after I was born

Facts about my paternal grandfather:

• He was a British citizen
• He was born in 1936 in Hong Kong
• He resided in the UK for 10+ years starting around 1960

My questions:

• Did my father automatically become a British citizen on 1 January 1983, and is he a citizen by descent or otherwise than by descent?
• Does it matter how he obtained the right of abode in the UK--either passed down from my grandfather or by residing for 5 years in the UK?
• Assuming I am eligible to apply, is my father's name change going to be an issue?

Any insight on this matter would be greatly appreciated. Thank you.

I think I've figured it out (mostly). May a moderator please delete my post above? Thank you.

Following BritInParis' (cracking) advice, I requested data from HM Passport Office and received the reply yesterday.

It states that my father's ... If I am not mistaken, and given my background information (which is in another thread, sorry about that), this means that I am eligible to apply with form UKF.

It just seems too good to be true, and I'm looking for some reassurance. Have I missed something?

Thank you in advance!

At that time, all Hongkongers would’ve had the same status as Hong Kong was still a Crown colony. It was your father’s status on 1 January 1983 with the commencement of the British Nationality Act 1981 which is the key to unlock your potential entitlement to British citizenship.

As a CUKC with the Right of Abode your father would’ve become a British citizen on 1 January 1983. Whether or not he became a British citizen by descent or otherwise than by descent would depend on his claim to the Right of Abode. Do you know if his paternal grandfather - your great-grandfather - was born in the UK?

Thanks so much for replying, BIP! And thank you to whomever moved by posts into this thread. I must admit I'm a noob when it comes to forums.

Interesting. Does that mean HM Passport Office might have given me incorrect information about my father?

My paternal great grandfather was also born in Hong Kong, around 1906, and lived there his entire life.

To clarify, my paternal side is of Chinese ancestry. My grandfather and father were the first ones in their family to move to the UK for work and school, respectively.

I believe they both acquired the right of abode only by residing in the UK for a period longer than 5 years.

I'm quite certain, but not 100 % sure, that they never registered or naturalised in the UK. I've requested a search of the National Archives for certificates of registration but that came up empty.

I've asked my father about this but he doesn't remember how he became a British citizen.

Your father could very well have obtained the Right of Abode in the UK under Section 2(1)(c) of the Immigration Act 1971 through residing in the UK as a CUKC from 1975 to 1980. As a CUKC with the Right of Abode he then would have automatically become a British citizen on 1 January 1983. As it was automatic it would explain why your father is a little hazy on the details.

That being the case, we need to look at Section 14 of the British Nationality Act 1981 which defines who is a British citizen by descent, specifically Section 14(1)(b)(iii). As you can see Section 2(1)(c) is mentioned and - vitally - it would only make your father a British citizen by descent if he had derived his CUKC status via a parent or grandparent being born in the UK and Colonies under Section 2(1)(b). As he himself was born in Hong Kong then this doesn't apply and therefore your father became a British citizen otherwise than by descent in 1983 meaning you can apply now to be registered as a British citizen.

If your father changed his name after you were born then it's unlikely to be an issue as his name as it appears on both his birth certificate and your birth certificate should be the same.

Do you have - or plan to have - children of your own? If you do have children, are they still under 18?

BritInParis,

Thank you very much for the information.

No, I don't have any children, and don't plan to have any, but thank you.

I just have a couple of questions about the UKF application. I have searched all over but I'm still a bit uncertain.

1. Should I use my father's current name or birth name on the form? I have a copy of his deed poll.

2. My mother is Canadian (born in Canada) and recently became a British citizen by descent (she registered with Form UKM, I believe). Given this information, would submitting the following details about her be reasonable?

- Country of nationality - I have chosen "United Kingdom of Great Britain and Northern Ireland". I guess this is a better choice than "Canada".

- Have they always had the same nationality? - I have chosen "No", because she was Canadian at birth.

- How did she acquire her British nationality? - Out of the options of "Birth", "Ancestry", "Registration", or "Naturalisation", I have chosen "Registration". Should this be "Ancestry"? I am not sure.

3. Will my French birth certificate require a translation?

Many thanks in advance!

1. You should list your father's current name and provide his deed poll to link his current name to his birth name.

2. If your mother has received her registration certificate having attended her citizenship ceremony then yes, you should list her as being British now and Canadian previously, although she is now a dual citizen. 'Registration' is correct if she has a certificate of registration as a British citizen, having presumably registered under Section 4C.

3. Yes, any document not in English will need to be professionally translated.

Understood. Thanks very much, BritInParis!

With any luck I should be replying back next year as a citizen!