illicteye

Hi

I have followed the site for a few years and finally joined yesterday. I have been trying to work out how to do a Forum posting, this seemed the only way I could do one. (I am not very good at Technology)

I am trying to clarify my UK status before the end of the year. My 91 Year old father living in the UK, was born in Mozambique to a British father and Portuguese mother. His parents have a British marriage certificate. My parents have a British marriage certificate from Southern Rhodesia. My father has only ever had a British birth certificate and in 2002 he tried to apply for a Mozambique birth certificate and was told his birth was only registered as British. I asked the Home Office to clarify his birth status and they say he is British by descent! There is a Forum posting here from 2017 which is now closed. Where a gentleman with my exact situation was trying to get his children registered as British. His father like mine was born in Mozambique, but his father was recorded as British Other Than By Descent. I am going to have to care for my father here in the UK, so want to make sure I have the legal right to remain. The best route for me being to try to get a British passport via my father. To do that I have to prove he is British Other Than by Descent. With Brexit looming this is becoming an important issue.

If anyone has any thoughts and knowledge I would be incredibly Grateful, Thank you

BritInParis

What exactly does your father's birth certificate say? Likewise, exactly what did the HO say?

Pulaski

I am intrigued by the possible relevance of this snippet you dropped in right at the end of your post. ..... Do you have a European passport? Are you currently living in the UK, or are you able to settle in the UK before end of 2020?

illicteye

Hi BritInParis - I followed a link in 2017 with 'Maxxine' whose situation was very similar to mine, his father was born in Mozambique, he was also born in Mozambique except he had a British passport! My father's birth certificate says 'Births within the District of the British Consul General at Lourenco Marques. The HO says "BC Sec 12(2) BNA 48 - Section 12(2) of the British Nationality Act of 1948 relates to an individual who gains their British Citizenship from birth, by descent. In your case that would be because your father was born in the UK" I was born in South Africa. I really appreciate your input!

illicteye

Hi Pulaski - yes I have a European passport and live in the UK for over 5 years. I work in South Africa and travel a lot. I would prefer to have UK citizenship rather than do the EU Settlement Scheme. Ultimately I am having to spend most of my time in the UK caring for my father who lives with me.

BritInParis

When and where was your mother born? What nationality is she? What year did your parents marry?

Pulaski

But if you have been living in the UK for "over 5 years" you may already be eligible to naturalize as a British citizen based on residence in the UK, though this may be impacted by how long you spend outside the UK woking in SA and traveling.

illicteye

Hi BritInParis my parents married in 1960 in Southern Rhodesia. My oldest brother was born in Northern Rhodesia (Zambia) he has a British passport. My mother was born in South Africa in 1939 adopted, lived her life in Southern Rhodesia. She had a British passport from her adopted mother. In about 1975+ she tried to register me at the British Consul. There was an issue so I believe she 'relinquished' her British citizenship as a result. She passed away in 2002. So effectively both my parents were British when I was born. Really appreciate your input, Thanks

illicteye

Hi Pulaski, yes the way things are currently the number of days outside the UK is potentially an issue. Although because of Corvid movement restrictions, this year there has been hardly any travel. Ironically my great uncle on my mothers side was a CBE and my Aunts husband on my fathers side a UN Ambassador for the UK.

illicteye

Talking with my father again, he says he has only ever had a British birth certificate. He believes he is British by Birth as he only ever had a British birth certificate. Does anyone think it worth my while to employ a immigration lawyer to investigate this further?

BritInParis

Can you give us the countries of birth of your four grandparents?

spouse of scouse

In my opinion no, it wouldn't be worth it. You'll get all the information you need from Brit in Paris, his knowledge is extensive, trustworthy, and very fortunately for BE members, he does this on a voluntary basis

illicteye

Hi BritInParis My father's father was born in the UK and his mother Mozambique. My mothers parents were both born in the UK. I have been struggling to find details of my mothers family details and will have to do a search through UK data records. They emigrated to Zimbabwe in the late 1800's. My Great grandfather was sent to South Africa to fight in the Boer war and ended up staying there. Thank you again for your incredible input!!

illicteye

Thank you for input, it is much appreciated. I hope the 'scouse' still has their accent? Best ever!

spouse of scouse

Yep, and after 28 years in Australia the quick wit has survived too