caspar

Hi, so many informed people here I thought i'd ask the hive-mind, though this is a long shot. I am hoping to get british citizenship for my sister (born 1986 in australia)

I cannot find details of what exactly qualifies as crown service... In the 1981 british nationality act it says: "(a) Crown service under the government of the United Kingdom or of a qualifying territory"

My father was born in Australia 1948 while my grandfather (born in 1915 in london) was major in the australian army between 1940 and 1957 and was deployed with the british army in malaya at the time of my father's birth.

the act goes on to say that evidence of "(4) A certificate given by or on behalf of the Secretary of State that a person was at any time in Crown service under the government of the United Kingdom or that a person's recruitment for such service took place in the United Kingdom shall, for the purposes of this Act, be conclusive evidence of that fact."

i am wondering if this would allow my father to be british otherwise than by descent.

yours thoughts on this would be most helpful.

thanks

pennylessinindia

do try my recommend site www.immigrationboards.com
No financial interest just lots of knowledgeable folk

JAJ

I think you'll find that the definition of a "qualifying territory" comes from the British Overseas Territories Act 2002.

An Ancestry Visa looks like an option for your sister, however.

JAJ

Would be interesting to explore whether the grandfather might be considered to be in UK Crown Service, although there might be an issue with "recruitment in the United Kingdom".

caspar

the 1948 act says under S5(1)(c) so, for the 1948 act, recruited in the United Kingdom doesn't matter.

I am assuming here that "in the United Kingdom" refers to any service for the United Kingdom, not necessary physically present in the UK...

I read an old forum post here and am curious why he would be otherwise than by descent after 1983?

any ideas? thanks!

JAJ

The link does not work.

The "recruited in the United Kingdom" issue only came in in 1983, but it's relevant because it helps to determine some people as British "otherwise than by descent" since 1983.