Bornexpat

Hi, I am trying to establish why, after the British Nationality Act of 1981, as a previous British Subject of the United Kingdom and Colonies (CUKC) I was reclassified as a British Citizen by descent, rather than a British Citizen otherwise than by descent.
Born in a Protected State in 1956, of married, British born parents I had exactly the same status as my sister and brother born in the UK.
This status was established by my father, prior to my birth, who was assured by the Political Agent that I would have exactly the same rights and privileges as my siblings born in the UK.
If this had not been the case my mother would have returned to the UK for my birth.
My father was not in the armed forces at the time, but had previously served 7 years in the armed forces in WW 2, neither was he employed by the British Government as far as I can remember, but this was not an issue then.
In 1983 when the Nationality Act of 1981 came into force, I was unknowingly reclassified as British Citizen by descent. I was 27 years of age at the time. I did not realise I was to be treated any differently to my sister until I tried to obtain British nationality for my children and was refused.
My sister, UK born, now has the ability to pass her British nationality on, but I do not.
I would dearly love to pass my British Nationality to my 2 children, now adults.
Has anyone else had a similar problem and is there any solution?
I have been a British expat all my life in many countries.
Thank you.

JAJ

Sounds about right. Where someone connected with a colony or protectorate became a British citizen under the 1981 Act, they usually became British by descent.

Important to remember that advice given in 1956 cannot have anticipated later changes in the law.

What exactly did you do to apply for British citizenship for your children? And what ties do you have to the United Kingdom other than descent.

Read: http://britishexpats.com/wiki/Britis...hip_by_Descent

Presumably your children have the nationality of their birthplace and/or mother.

Bornexpat

Thank you, that was interesting to read.

I was also reading the following which is from the Home Office website:

2. Significance in British nationality law
2.1 As protectorates and Protected States were foreign soil, birth in such places
could not, in itself, confer British subject status or, after 1 January 1949, CUKC.
However, certain persons were, nevertheless, able to acquire different forms of
British nationality by virtue of their connection with a protectorate or Protected State.
2.3 Although birth in such places could not confer British subject status at common
law (as they were outside the Crown's dominions and allegiance), the practice was
that where the children of British subjects were born in protectorates or Protected
States, they would be treated as British subjects. This was not, strictly, acquisition by
descent, because the children would acquire British subject status even where the
parents' status was not transmissible. Nor was it simply acquisition by birth. Rather, it
was something of a hybrid: the parent's status compensated for the inadequacies of
the territory and vice versa.
2.4 Under the British Nationality and Status of Aliens Acts 1914-1943, persons
continued to be or become prerogative BPPs and, regarding British subject status,
the earlier practice was put on a statutory basis. Section 2 of the 1943 Act, which
was retrospective to all dates, provided that:
"Any person born, whether before or after the commencement of this Act, in a place
where by treaty, capitulation, grant, usage, sufferance, or other lawful means, His
Majesty was at the time of that person's birth exercising jurisdiction over British
subjects, shall, if at the time of his birth his father was a British subject, be deemed to
be and, in the case of a person born before the commencement of this Act, always to
have been, a natural-born British subject" (s.2(1)).
The section went on to provide that "any such person as aforesaid shall be deemed
to have been born within His Majesty's allegiance" (s.2(2)).

I feel that I was a designated, 'natural born British Subject', so this is why I was so concerned, in my late 20's that I had been made a British Citizen by descent instead of 'otherwise than by descent', which effectively denied me the opportunity my sister had of passing her nationality to her children.

So I was caught, in a grey area when the law changed in 1983 to my detriment. I am sure there must be other women in this situation.
Men born in the same situation/time as me would have been able to pass their nationality to their children prior to 1983, so it should not be an issue for them now.

Yes, I have tried with the Home Office previously to have my children registered as British Citizens, while we lived in the UK and they were under the age of 18. They did not meet the 3 year residency requirement so the application was unsuccessful.

I know there is a Bill before Parliament at the moment, The Borders,
Citizenship and Immigration Bill, (HL) 2008 - 09. I am not sure yet if this may offer any hope of having my status restored.

JAJ

Lots of Citizens of the UK & Colonies "otherwise than by descent" became British citizens "by descent" on 1 January 1983. It is not unusual.

Why do you say it made a distinction between men and women - that is wrong.


When were your children born? (you don't say).

How long did they live in the United Kingdom and when did they apply for registration?

What is their nationality and are they still living in the United Kingdom? Did you sponsor them for permanent resident status?

Did you read the wiki article and notice any other options?

Bornexpat

I think, according to the British Nationality Act of 1948, Section 5 - 1(a) a man born in a situation like mine would have been able to pass on his British Nationality.

My children were born in Australia, just on either side of the British Nationality Act of 1983 when women were first entitled to pass on nationality. The children grew up and went to schools outside Australia.

I don't want to give too many details as this is a public forum.

But the crux of all this, and anyone who may be in the same situation as me: In 1983 my status as a British Citizen was downgraded to, 'by descent'.
Therein lies the problem. In 1983 it removed me a generation to the equivalent of my brother and sister's children.

I was just hoping that someone may have been caught in very similar circumstances and had found a solution or had appealed and been successful.

Bornexpat

After 2 years with the children in the UK, the application to convert to citizenship from their ILR, was unsuccessful (1996/7).
We then moved, again!

quoll

If they went back to live in UK wouldnt they be able to get British Citizenship? Because of you they will get ILR and then it is their choice. My kids are in the same position - one can pass his citizenship down and the other cant - luck of the draw really but my granddaughter isnt really that disadvantaged as she can get ILR if she ever wants it.

JAJ

Yes, but only until 1 January 1983. Then he'd have become a British citizen by descent.

Your older child, born before 1983, may be eligible for registration as a British citizen under UKM.

Presumably your spouse isn't British, is that correct?

Do you still have the paperwork from their citizenship application in 1996/97?

Bornexpat

"Your older child, born before 1983, may be eligible for registration as a British citizen under UKM"

I am sincerely hoping that this is the case.

I was 6 and a half months pregnant with my younger child on the 1st of January 1983!??

My spouse is not British, but his grandmother was born in England and his mother was born in Australia before 1949. Interesting.

Do I still have the paperwork from my children's citizenship application in 1996/97?
Yes, I save everything!