JAJ

Was he born in Hong Kong? If so, he couldn't have been naturalised or registered as British in 1971, since he was already a Citizen of the United Kingdom and Colonies. The concept of British citizen versus British Dependent Territories citizen was only introduced in 1983.

Your father, if born in Hong Kong, would automatically have become a British citizen in 1983 if he lived for a period 5 years in the U.K. prior to 1983 and obtained settled status at the time.

kingddd

Yes JAJ he was born in Hong Kong too. My mother was born in HK as well.
He is old now and his memory is not reliable at all. In that case does it make me British by descent and therefore my child will need to go through the Visa route?

thanks

BritInParis

Submit a Subject Access Request to HMPO. They should be able to check your passport records and see exactly how and when you became British and whether you are British otherwise than by descent or not.

https://www.gov.uk/government/public...s-request-form

JAJ

It's already clear how he became British - we are told it is by section 3(1) registration in 1992. The Passport Office do not care if he is British by descent or not. So it's not clear how a Subject Access request would add anything that is not already known.

As far as I can tell, if his father was a Citizen of the U.K. & Colonies by birth, became a British citizen in 1983, and he was then registered under section 3(1), then he is British by descent. This may be an anomaly but appears to be how the British Nationality Act works. Section 14(1)(c)(ii) of the Act has the relevant wording.

37100

Even as British by decent, having lived in the UK for several years, doesn't if have the option to register his children?

HKG3

If kingddd is a British Citizen by descent and stayed in the United Kingdom for three years or more before the birth of the child, then the child can register as a British Citizen under section 3 (2) of the British Nationality Act 1981. Please see link below for the details -

https://www.gov.uk/government/public...tizen-form-mn1

kingddd

Thanks JAJ, BritInParis, HKG3.

I was under 18 when I become a British Citizen. My older bro also apply after I got my cert of registration and on his he got register as British Citizen under section 4 (2). He was 22 at the time. If I apply one year later that would make things a bit more simple.

I lived in England for 12 years before I work in HK. My kid was born long after I became British Citizen. It seem there is a few different way to apply so the info I got here save me a lot of time. I will look at the section 3 (2) and see if the works.

thanks again

BritInParis

It matters because he is attempting to obtain a British passport for his son which is obviously not possible if he is British by descent. We know he became a British citizen by S.3(1) registration which means he could be British otherwise than by descent or by descent depending on how his father became British. Since we are uncertain as to how his father became a British citizen then a SAR is a cheap and easy way of finding that out.

JAJ

Perhaps a Subject Access Request on the father's records might add value. But his own passport record will show simply that the passport was issued based on a section 3(1) registration certificate. Which we already know.

In any case, we also know the father was CUKC by birth and the British Nationality Act is worded in such a way that it doesn't really matter how the father became a British citizen in 1983, as long as he did become a British citizen on that date. If that's the case, then the son is British by descent.

The most productive line of inquiry would be to see if the father really did become a British citizen on 1.1.1983, or if he became British after that date.

JAJ

His old passport from the 1960s should say "Citizen of the United Kingdom and Colonies" for nationality status. Does it contain any U.K. immigration stamps? And in particular, when did your father start living in the U.K.?

He couldn't have been naturalised or registered as a Citizen of the United Kingdom and Colonies before 1983, because he already was one. But if he only started living in the U.K. in 1978 or later, he probably did not become a British citizen on 1.1.1983 and would have been naturalised or registered later on.

Do you have any of his British passports from the 1970s or 1980s?

kingddd

My dad has bad memory but I do know he worked in England long before 1978 and on his passport photo he became British on his 70s passport. He told me he became British in 1971 so he must have lived in England 5 years prior to that.

I can not insert the photo so I put them on drop box page for quick viewing.

https://www.dropbox.com/sh/wdd8s43f6...HMk5NyyOa?dl=0

kingddd

double check again JAJ was right. The 1960s passport did say Citizen of the United Kingdom and Colonies. Only on his 1990s passport it change to British Citizen

The 60s passport - British subject citizen of the United Kingdom and Colonies
The 70s passport - Citizen of the United Kingdom and Colonies
The 80s passport - British subject citizen of the United Kingdom and Colonies
The 90s passport - British citizen

JAJ

On the passports issued in the 1960s, 1970s and 1980s, is there any indication of a U.K. work permit stamp, or (on the later passports), Right of Abode in the United Kingdom?

And were these passports issued by the Passport Office in the United Kingdom, or by the British authorities in Hong Kong?

If your father entered the United Kingdom after 1962, he would likely have been subject to immigration control so there should be some evidence of that on the passport. Unless he established residence before immigration control was imposed.

HKG3

My observation on this matter - kingddd's father was given the Right of Abode in the United Kingdom on 29 October 1974. This stamp was added by the Passport Office in London in the 1970s British Passport.

The 1960s passport (numbered 35068) was issued in Hong Kong in 1961. Originally valid for five years, but the holder paid a fee of £1 to extend this passport for another five years.

The 1970s passport (N711409) was issued in Newport (Wales) in 1971 with the Right of Abode stamp added in 1974.

kingddd

Thanks HKG3 & JAJ.

If the Right of Abode in the United Kingdom on 29 October 1974.That was after I was born. Does that change anything? I have just been rejected for the Birth Birth Registration because of my Section 3(1) certificate. I thought my kid would not have a problem with the British birth certificate as that is not an automatic claim for British passport