Father born in Mozambique 1929 - British Other Than By Birth?
#17
#18
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Re: Father born in Mozambique 1929 - British Other Than By Birth?
Hi BritInParis, sorry for delay in replying, locked myself out of BritishExpats on my phone. I was born in South Africa in 1968. My Grandfather (fathers father) was employed by a British company as part of the British infrastructure development in Mozambique. In those days I believe the Companies were part of the British Government but I am not sure if they would be regarded as Crown. The Uncle was chief engineer on the Royal Yacht etc but not relevant. My Grandmother, mother's mother was secretary on the British railways in Southern Rhodesia, but again I don't think regarded as Crown. Thanks again
#19
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Re: Father born in Mozambique 1929 - British Other Than By Birth?
Rhodesia Railways was not Crown Service. i am sure.
I am surprised at the number of people i come across inquiring about citizenship and nationality issues after several generations in Central Africa. Nationality Law is certainly complex.
I am surprised at the number of people i come across inquiring about citizenship and nationality issues after several generations in Central Africa. Nationality Law is certainly complex.
Last edited by scot47; Jul 30th 2020 at 4:24 pm.
#20
Re: Father born in Mozambique 1929 - British Other Than By Birth?
People in "the colonies" used to think of themselves as being British even if they had several generations of ancestors born locally/ outside the UK. Certainly many of the residents of what is now the US whose traced their ancestry to the UK considered themselves to be British right up to the declaration of independence. So I am not, in the least bit surprised to learn that people who have not integrated into the local population in former colonies are now trying to "reclaim" their ancestral British nationality.
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Re: Father born in Mozambique 1929 - British Other Than By Birth?
People in "the colonies" used to think of themselves as being British even if they had several generations of ancestors born locally/ outside the UK. Certainly many of the residents of what is now the US whose traced their ancestry to the UK considered themselves to be British right up to the declaration of independence. So I am not, in the least bit surprised to learn that people who have not integrated into the local population in former colonies are now trying to "reclaim" their ancestral British nationality.
#22
Re: Father born in Mozambique 1929 - British Other Than By Birth?
Pulaski, that's a massive generlisation verging on being offensive! We live in a completely multicultural world. Britain was built on the back of Empire, exploitation of the colonies. I have been very fortunate to be able to build myself a multicultural lifestyle of benefit to me and the people around me.This is not the place for me to correct your opinions on nationality and identity. Regards
The third sentence was about myself and my perception, based in part on a steady stream of questions on BE from people who predominanlty are resident in East or Southern Africa who are trying to reclaim ancestral British nationality. there clearly "want out" of the country/ region where they live. I am not aware of the reason for that, and that information is not usually shared - not ever that I know of.
My perception, both personal and vicariously though personal reports and news reports from various countries, that there are many people, who do not have the multicultural mindset that you would like to think they have. In extreme cases this extends to entire regions/ countries that demonize immigrants and various minorities. I could point to various countries over the past 30 years that have engaged in some form of "ethnic cleansing", but to this specific discussion I would point to Idi Amin forcing most of the Indian population of Uganda to flee, and more recently the "land reform" in Zimbabwe that stripped the white farmers of their land. You can disagree with this perception if you wish (which IMO would mean that you are dilusional), but I don't think that it can be "corrected".
Last edited by Pulaski; Aug 4th 2020 at 4:06 pm.
#23
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Re: Father born in Mozambique 1929 - British Other Than By Birth?
I made two statements, two sentences, that are objectively true, historic facts. ([1] "People in "the colonies" used to think of themselves as being British", and [2] "Certainly many of the residents of what is now the US whose traced their ancestry to the UK considered themselves to be British ....."
The third sentence was about myself and my perception, based in part on a steady stream of questions on BE from people who predominanlty are resident in East or Southern Africa who are trying to reclaim ancestral British nationality. there clearly "want out" of the country/ region where they live. I am not aware of the reason for that, and that information is not usually shared - not ever that I know of.
My perception, both personal and vicariously though personal reports and news reports from various countries, that there are many people, who do not have the multicultural mindset that you would like to think they have. In extreme cases this extends to entire regions/ countries that demonize immigrants and various minorities. I could point to various countries over the past 30 years that have engaged in some form of "ethnic cleansing", but to this specific discussion I would point to Idi Amin forcing most of the Indian population of Uganda to flee, and more recently the "land reform" in Zimbabwe that stripped the white farmers of their land. You can disagree with this perception if you wish (which IMO would mean that you are dilusional), but I don't think that it can be "corrected".
The third sentence was about myself and my perception, based in part on a steady stream of questions on BE from people who predominanlty are resident in East or Southern Africa who are trying to reclaim ancestral British nationality. there clearly "want out" of the country/ region where they live. I am not aware of the reason for that, and that information is not usually shared - not ever that I know of.
My perception, both personal and vicariously though personal reports and news reports from various countries, that there are many people, who do not have the multicultural mindset that you would like to think they have. In extreme cases this extends to entire regions/ countries that demonize immigrants and various minorities. I could point to various countries over the past 30 years that have engaged in some form of "ethnic cleansing", but to this specific discussion I would point to Idi Amin forcing most of the Indian population of Uganda to flee, and more recently the "land reform" in Zimbabwe that stripped the white farmers of their land. You can disagree with this perception if you wish (which IMO would mean that you are dilusional), but I don't think that it can be "corrected".
Back to the point of this thread is for advice on my Official British Nationality. Politics and Entitlement is something their are endless other threads for.
#24
Re: Father born in Mozambique 1929 - British Other Than By Birth?
Putting your mother to one side - we would need to clarify exactly what happened to her British citizenship before we could explore that as an option - I think you potentially have a claim to British citizenship via your father. In order to have become a British citizen at the commencement of the British Nationality Act 1981 on 1 January 1983 you need have been both a Citizen of the United Kingdom and Colonies and held Right of Abode in the United Kingdom under the Immigration Act 1971.
It appears you would've been born a CUKC by descent via S.5(1)(a) of the British Nationality Act 1948 as South Africa was considered a foreign country where the UK exercised extra-territorial jurisdiction for nationality purposes between 31 May 1961, when South Africa left the Commonwealth, and 1 January 1983 when the BNA 1948 was replaced by the BNA 1981.
https://www.legislation.gov.uk/ukpga...-12/56/enacted
You should have also gained Right of Abode via your UK-born grandfather as per S.2(1)(b)(ii) IA 1971:
https://www.legislation.gov.uk/ukpga...tion/2/enacted
It appears you would've been born a CUKC by descent via S.5(1)(a) of the British Nationality Act 1948 as South Africa was considered a foreign country where the UK exercised extra-territorial jurisdiction for nationality purposes between 31 May 1961, when South Africa left the Commonwealth, and 1 January 1983 when the BNA 1948 was replaced by the BNA 1981.
5 Citizenship by descent
(1) Subject to the provisions of this section, a person born after the commencement of this Act shall be a citizen of the United Kingdom and Colonies by descent if his father is a citizen of the United Kingdom and Colonies at the time of the birth:
Provided that if the father of such a person is a citizen of the United Kingdom and Colonies by descent only, that person shall not be a citizen of the United Kingdom and Colonies by virtue of this section unless—
(a) that person is born or his father was born in a protectorate, protected state, mandated territory or trust territory or any place in a foreign country where by treaty, capitulation, grant, usage, sufferance, or other lawful means, His Majesty then has or had jurisdiction over British subjects
(1) Subject to the provisions of this section, a person born after the commencement of this Act shall be a citizen of the United Kingdom and Colonies by descent if his father is a citizen of the United Kingdom and Colonies at the time of the birth:
Provided that if the father of such a person is a citizen of the United Kingdom and Colonies by descent only, that person shall not be a citizen of the United Kingdom and Colonies by virtue of this section unless—
(a) that person is born or his father was born in a protectorate, protected state, mandated territory or trust territory or any place in a foreign country where by treaty, capitulation, grant, usage, sufferance, or other lawful means, His Majesty then has or had jurisdiction over British subjects
You should have also gained Right of Abode via your UK-born grandfather as per S.2(1)(b)(ii) IA 1971:
2 Statement of right of abode, and related amendments as to citizenship by registration
(1) A person is under this Act to have the right of abode in the United Kingdom if—
...
(b) he is a citizen of the United Kingdom and Colonies born to or legally adopted by a parent who had that citizenship at the time of the birth or adoption, and the parent either—
...
(ii) had been born to or legally adopted by a parent who at the time of that birth or adoption so had it
(1) A person is under this Act to have the right of abode in the United Kingdom if—
...
(b) he is a citizen of the United Kingdom and Colonies born to or legally adopted by a parent who had that citizenship at the time of the birth or adoption, and the parent either—
...
(ii) had been born to or legally adopted by a parent who at the time of that birth or adoption so had it