SAJAX

Hi

I'm wondering if anyone could possibly help. I am trying to find out if I am eligible for British citizenship via UKM.

-Grandfather born in UK 1918
-Drafted to RAF and based in South Africa during the war 1939-1945
-Met my grandmother, married and gave birth to my mother in 1942 in Cape Town
-My mother was registered as a British citizen at birth and has a British birth certificate and passport.
-When the war ended they went back to the UK in 1945.
-My Grandfather left the RAF in 1945 and a few years later they emigrated to SA
My mother is not sure when exactly they moved back to SA and my Grandparents have since died.

I have 3 brothers, 2 have lived there and obtained passports and my youngest brother was granted a passport automatically before he was 18 (think it was due to my Grandfather being a British national). My mother didn't realise she had to apply for all of us before 18. I was 22 at the time so didn't qualify.

I'm the only one in my family without one and it would make it so much easier when traveling to see my family in the UK as the visa fees are rather expensive.

Can anyone advise me please.
Thank you so much
Jacki

BritInParis

Given that your grandfather was in Crown service at the time your mother was born it should follow that you should be able to now register under S.4C as a British citizen. Ensure that you mention this on the application form. It's free to apply - the only cost is £80 for the citizenship ceremony itself - so you wouldn't be losing out financially by making an application.

I'm intrigued that your youngest brother received his British passport 'automatically'. I suspect he would've had to register by his 18th birthday.

SAJAX

Thanks for your reply BritInParis..

I have been getting conflicting arguments and have also found people who have received British citizenship with less heritage than I have. Yes my youngest brother was the only one under 18 when my Mother decided to apply for us so he has had his for years. I went to a law firm in SA and the response I got today was they reckon that my mothers citizenship is via descent, s.5c That a person born to a parent in crown service is by descent only. They reckon that even though my mother was born in a UK colony at the time of her birth, she would have been reclassified as a citizen of the UK and Colonies by descent by virtue of section 12 of the British nationality act 1948. Not sure how to respond to them.. As far as I can see I fit the criteria, but they are disputing that I do. I cant understand how it could change if my Mother was born in 1942 when it was still a UK colony.. surely that should stand.

BritInParis

I would apply to UKBA and let them make the decision. You've nothing to lose. If your brother received his citizenship then I can't see why you wouldn't.

JAJ

I wonder if the younger brother in this situation was born in 1983 or later, since (it appears) that the mother would have been classified as a British citizen otherwise than by descent, due to Crown Service, since 1.1.1983.

South Africa in 1942 was not a colony - it was a Dominion, and this means that the mother would have been a Citizen of the U.K. & Colonies (CUKC) by descent from 1949.

Unlike the British Nationality Act 1981, the British Nationality Act 1948 did not give full protection to those born to parents in Crown Service. It provided that if a parent was CUKC by descent, but in Crown Service, then citizenship could be passed on. However the child was still a CUKC by descent so the next generation could be impacted. Whereas the 1981 Act basically put anyone born to a British parent in U.K. recruited Crown Service on a par for nationality purposes with someone born in the United Kingdom itself.

Since the mother was (it seems) a CUKC by descent prior to 1983, or would have been so treated if male, I am not sure how a section 4C application could succeed. Also, South African citizenship would be lost unless an application for retention was granted beforehand.

However, if an application is made and granted in good faith, citizenship obtained thereunder would be valid. On the other hand if it were to fail, would it leave a mark on someone's U.K. immigration record?

The Ancestry Visa, based on the grandfather's U.K. birthplace, appears to provide a feasible immigration option to the United Kingdom, if this is desired. There is no guarantee this visa option will remain open indefinitely.

It would also be worth verifying where in the U.K. the grandfather was born - if it happens to be Northern Ireland, or what's now the Republic of Ireland - then registration as an Irish citizen is an option.