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Does the term CUKC apply, or has it ever applied, to Dominion citizens

Does the term CUKC apply, or has it ever applied, to Dominion citizens

Old Feb 12th 2024, 8:16 pm
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Default Does the term CUKC apply, or has it ever applied, to Dominion citizens

That's all I need to know. When researching British Nationality Acts the term comes up and sometimes seems to apply to Dominions (such as Canada) and other times it doesn't. And it confuses me no end.

Can anyone tell me please and can you give me references.

Thanks kindly.
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Old Feb 12th 2024, 10:39 pm
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Default Re: Does the term CUKC apply, or has it ever applied, to Dominion citizens

Originally Posted by LeftMyHeartInEngland
That's all I need to know. When researching British Nationality Acts the term comes up and sometimes seems to apply to Dominions (such as Canada) and other times it doesn't. And it confuses me no end.

Can anyone tell me please and can you give me references.

Thanks kindly.
In the absence of a response from anybody with more knowledge (who I'm sure will be along at some point), does this help? https://www.whatpassport.com/countri...Passport_(CUKC)
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Old Feb 12th 2024, 11:30 pm
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Default Re: Does the term CUKC apply, or has it ever applied, to Dominion citizens

Didn't help. "oops! page not found." Thank you anyway.
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Old Feb 13th 2024, 1:44 am
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Default Re: Does the term CUKC apply, or has it ever applied, to Dominion citizens

Originally Posted by LeftMyHeartInEngland
Didn't help. "oops! page not found." Thank you anyway.
Mmm, odd. It’s a Sable list of qualifying territories for CUKC status (Canada not among them by the way).

Last edited by christmasoompa; Feb 13th 2024 at 1:47 am.
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Old Feb 13th 2024, 2:19 am
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Default Re: Does the term CUKC apply, or has it ever applied, to Dominion citizens

Ah yes, I have read that. It's what confused me actually. Sable confuses me because in their youtube video with regard to British Citizenship by Double Descent, they use Canada as an example but when I go to the section he references, CUKC is the criteria. It seems to be a contradiction. CUKC does not apply to Dominions but it does??? Someone else referred me to a section that would seem to cover my situation and I go through the points that reference 'British subject' and it seems to be what I'm looking for, then suddenly there it is again, the dreaded CUKC. There has to be an answer...somewhere.

Am I a CUKC or am I not...that is the question.

Thanks for your help. it's very good of you to respond.
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Old Feb 13th 2024, 3:43 pm
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Default Re: Does the term CUKC apply, or has it ever applied, to Dominion citizens

The category of Citizen of the United Kingdom and Colonies was introduced by the British Nationality Act 1948 whilst the various Dominions introduced their own citizenship acts for the first time in the five years following the Second World War including Canada with the Canadian Citizenship Act 1946.

Prior to this there has been no distinction made between the various peoples of the British Empire as everyone was a British subject. Gradually the term British subject transitioned into what we would now call Commonwealth citizenship but it was no longer possible to be born or naturalised as solely a British subject.
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Old Feb 13th 2024, 6:34 pm
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Default Re: Does the term CUKC apply, or has it ever applied, to Dominion citizens

Thank you BritinParis. Got it now. Can I ask another question while I'm here. Something that really confuses me. Hope it's okay to put this question here. Confusion about being a British subject under 1943 Act but, apparently not under 1949 Act.

The 1914 British Nationality & Status of Aliens Act states:
Definition of a natural-born British subject
a) any person born within His Majesty's dominions and allegiance.
b) any person born outside....(required to be registered in a British Consulate)
Canada was within His Majesty's dominions.

The 1943 Act makes no changes with regard to people born within His Majesty's dominions but reiterates requirement for registration for people born outside.

The 1948 British Nationality Act states in section 17: Registration of births occurring before commencement of Act:
"Notwithstanding the repeal by this Act of the British Nationality and Status Act 1943, the birth of a person born before the date of commencement of this Act may be registered after that at a consulate of His Majesty as defined in that Act; and if the birth is registered in the circumstances specified in subsection (2) of section one of that Act, that person shall be deemed for the purpose of this Act to have been a British subject immediately before the commencement of this Act."

Subsection 2 of the 1943 Act is with reference to persons born outside of His Majesty's dominions, NOT those born within.
The 'circumstances specified' is that the registration be done within one year of the child's birth.

I was born in 1945 to my British subject mother married before 1949 to my British by Descent father (his father born in the UK). After having a status trace done, I was told I was ineligible to apply for citizenship through my mother under 4L a) historical legislative unfairness because I was born before 1949, that before 1949 fathers had the responsibility to register their child within one year after their birth.

This logic flies in the face of legislation in 1943. How can section 17 of the 1948 Act suddenly apply to children born within His Majesty's dominions when it didn't apply in 1943?? A child was automatically a British subject in 1943 and suddenly the father would have had to register a child he didn't have to register by law three years earlier.

This make no sense to me whatsoever.
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Old Feb 14th 2024, 4:44 pm
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Default Re: Does the term CUKC apply, or has it ever applied, to Dominion citizens

Well, it's been settled. It has been kindly and patiently explained to me why I am not eligible for British citizenship. Thankfully, the penny has finally dropped.

Within the explanation that I am not eligible for citizenship, the way home opened up. I was pointed to the Right of Abode.

By all accounts I am eligible for ROA and I am happy with that...in fact I am thrilled. Not citizenship but a very close second.

I'm over the moon.
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