ragazzospiaggia

Hello - I am wondering if anyone could provide guidance in following matter regarding if I am a British citizen by descent.
Father born in UK (1910), paternal grandparents both born in UK (1870)
Father (still British subject) marries US citizen in the USA in 1937
I am unsure if he may have acquired American nationality during the war before I was born (1955), and if this would deprive me of a claim.
However, even if he did become American, is my mother still a British subject by virtue of the marriage which took place before he may have became American? Could still I claim citizenship through her if my father lost his?

I am interpreting the acts this way

Nationality Act 1914: 10 (1)Subject to the provisions of this section, the wife of a British subject shall be deemed to be a British subject, and the wife of an alien shall be deemed to be an alien. AND (3)Where a man has, during the continuance of his marriage, ceased (whether before or after the commencement of this Act) to be a British subject, his wife shall not, by reason only of that fact, be deemed to have ceased to be a British subject unless, by reason of the acquisition by her husband of a new nationality, she also acquired that nationality.
My mother did not acquire a new nationality, since she was born American, so it appears she remains a British subject from this text?

This is where I'm running into some trouble.
Nationality Act 1948: s.12(5) seems inapplicable if my father lost his status as a natural born British subject.
But I think s.12(4) might apply: "A person who was a British subject immediately before the date of the commencement of this Act and does not become a citizen of the United Kingdom and Colonies by virtue of any of the foregoing provisions of this section shall on that date become such a citizen unless- (a) he is then a citizen of any country mentioned in sub- section (3) of section one of this Act under a citizenship law having effect in that country, or a citizen of Eire or fib) he is then potentially a citizen of any country mentioned in subsection (3) of section one of this Act"


Your thoughts and comments are much appreciated. Thanks so much for all your help.

BritInParis

I admire your thinking but you may be jumping the gun a little. Are you aware of your father ever naturalising as a US citizen? A US passport in his effects perhaps?

ragazzospiaggia

BritInParis

Can you provide me his full name and date of birth? I check for any pertinent records pertaining to his status. You can send via PM if you prefer.

ragazzospiaggia

Sure, thank you! I will PM you.

BritInParis

Okay, so your assumption about your father naturalising after being drafted into the US Army was correct. He became a US citizen on 11 May 1944 at Fort Knox, KY.

Under S.13 BNA 1914 he would have therefore ceased to be a British subject before you were born. You are correct however that your mother would have automatically become a British subject under S.10(1) BNA 1914 upon marrying your father in 1937.

The pertinent question is whether your mother lost her British subjecthood upon your father's naturalisation. S.10(3) BNA 1914 is relevant here:

This is an interesting one since your mother was already a US citizen at the time of your father's naturalisation. This would suggest that she wouldn't have lost her British subjecthood as she was a US citizen by birth, not by virtue of your father's naturalisation. As such your mother, ironically, would've continued to be a British subject as a result of her marriage to your father even though your father had ceased to be a British subject. That being the case your mother would've been a Citizen of the United Kingdom and Colonies (CUKC) under S.12(4) BNA 1948 at the time of your birth. British women could not pass on their citizenship at that time so this would've been irrelevant to you until the law was changed in April 2003 to allow retrospective registration as a British citizen under S.4C BNA 1983 in cases where the applicant would've become a British citizen automatically at birth had British women been able to pass on their citizenship to their children in the same way as British men had.

As such you should be eligible for registration as a British citizen using Form UKM.

ragazzospiaggia

Thank you so much again for your help BritInParis, this is greatly appreciated. The UKM form doesn't really mention this possibility and I guess I will have some difficulty proving right of abode but I will definitely proceed. Have a great weekend!

BritInParis

Don’t worry about Right of Abode; you’ll acquire that automatically upon becoming a British citizen.

ragazzospiaggia

thanks again for your help BritInParis. I've finally got the documents to apply so am sending it out. I am worried that "right of abode" might be an issue for my mother since none of the scenarios in s.2 of the 1971 Immigration Act do not seem to fit neatly with my situation nor do any of the flowcharts on the UKM guidance .... s. 2(b)(ii) of the 1971 Act particularly concerns me cause it seems to exclude my scenario, but i'm hoping that they will interpret the right of abode as flowing from the time of the marriage, regardless of whether or not he became a CUKC in 1948, but for reasons other than death. Fingers crossed!

BritInParis

This seems to be a sticking point for you - to be clear, you don’t currently have Right of Abode but it’s not required for registration under S.4C BNA 1981.

Best of luck with your application; come back and let us know how you get on.