First adult UK passport rejected, needs help

Old May 12th 2022, 12:51 pm
  #16  
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Default Re: First adult UK passport rejected, needs help

Originally Posted by ColinY View Post
I researched about this, I was born in China in 1977, China is ETJ COUNTRY, so I'm CUKC by descent by BNA1948 5(1)a.This has been confirmed in HMPO documents.

extra-territorialjurisdiction.pdf
1.2 There were also many foreign states and territories in which such jurisdiction was
exercised but which were not under British protection, e.g.:
Albania
Algeria
Bulgaria
China
1.5 Under the British Nationality Act 1948, the relevance was that a child, born after the commencement of the Act, whose father was a CUKC by descent, will nevertheless have become a CUKC if the child or the father was born in a foreign territory in which the Crown exercised extra-territorial jurisdiction over British subjects (s.5(1)(a)).
There was no ETJ in China in 1977 when you were born so this does not apply to you. The Crown exercised extra-territorial jurisdiction over British subjects in China from 26 June 1858 to 19 May 1943.

Your father was born in a Crown Dominion (Burma), which was not a foreign territory where the Crown exercised ETJ so the clause applying to the parent would also not apply.

To move forward with an application you would need:
Proof from the Burma Gazette of the naturalisations. This could support an application for BOC.
A change to British nationality law that would allow you to move forward. I do not believe that the latest changes, which take effect later this year, will help you. You would need something that changed the effect of 12(8) of BNA 1948 that would have made you a CUKC by descent under 5(1) BNA 1948. This would, however, only lead to BOC.
Some other change that led to British citizenship.

British nationality law is complex and can seem unfair. I had a close connection to the UK (paternal grandparents born in UK, father born in a territory the UK administered) and it took me years to have enough evidence for a successful claim.

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