caspar

Hi,

I've been doing some research into eligibilty to apply for citizenship by UKM as I was born before 1983.

My mother was married in mid-70s. My father is a citizen by descent. I'm looking for the legislation that says I am not eligible, though hoping to find otherwise.

The 2002 act says I can become a citizen if I would have been eligible under the 1948 act section 5. As far as I can tell, this is not limited by the provisions of 6(2) of the same act, essentially because it pertains only to women.

Obviously, my mother became a british citizen by descent in 1983, thanks to 14(1)(b)(iv), meaning anyone born after 1983 is not eligible. Prior to this however she was a british citizen who could have, sexism removed, transmitted citizenship.

Is this correct??? Or is there another provision in the 1948 act that identifies a person registered by marriage as being unable pass on citizenship? I wonder for example, if the roles were reversed. A commonwealth man marries a woman british by descent. What status would he have attained? And therefore what could be passed to me.

Thanks!

JAJ

You say your father was British by descent, so that must mean you have a British born grandparent?

In that case, you might be in luck. Your mother was registered as a British citizen (although she became British by descent in 1983, she was a UK & Colonies citizen otherwise than by descent before 1983) so you meet the second requirement to become a British citizen under UKM.

The THIRD requirement often is what causes people problems. You would have to have had a Right of Abode in the UK under the pre-1983 legislation (if you had been a CUKC at the time) in order to be eligible for UKM. As it appears your mother was married after 28 October 1971 you couldn't have got Right of Abode from her, but you could get it from one of your paternal grandparents if they were UK born.

In other words, the parental link for CUKC, and the link for Right of Abode, don't have to come from the same source.

http://www.ukba.homeoffice.gov.uk/si.../guide_ukm.pdf

caspar

Hi Jaj,

Thanks for the quick reply!

I do have a grandparent who is a citizen by birth in the united kingdom. Which is great for the ROA requirement.

I am happy to hear you confirm my reading of this policy. The UKM guide you link worries me because towards the end, under 7. Notes it says:
My reading of the law is that this only applies to Right of Abode, which I can acquire via a grandparent. If this is true, why mention it twice? At this point in the guide and also above, following the Right of Abode section where it says:
If it were not for this I would be certain I am eligible. Do you have any insights?

JAJ

As far as I can tell, it means that your mother did not get ROA based on her registration as a CUKC. She got ROA because she was a female CUKC married to a CUKC with ROA.

That does not alter the fact that had women been able to pass on CUKC on the same basis as men, you would have acquired CUKC by descent (it was possible to acquire CUKC by registration outside the United Kingdom, eg in a colony or protectorate).

So you meet the second requirement for UKM based on your mother, but not the third. However, your grandparent gives you the necessary ROA link.

Ultimately it's up to you - you won't really know unless and until you apply ...

caspar

thanks for the follow-up! fingers crossed!