madlyhs

Please forgive me for the long post but i wanted to give a clear picture for my unique case!

Both of my parents were born in British India father in 1918 ,and mother in 1925.

I manged to find their passports which says British Subject Citizen of the United Kingdom & Colonies

I was born in 1953 in Pakistan and we were first living in India , in 1956 we moved to Kuwait due to my father work . I'm still living in Kuwait.


Both of my parents are dead so i don't have any records or information about my grandparents .

As a child i was first added to my father passport but after his death i was then added to my mother passport. I believe being included in either parent passport was the norm in the old days.

My sisters already have British passports as they were born in Kuwait before independence from Britain . Anyway I remained in my mothers passport till 1971 (18 years old ).


In 1971 i did try to get my own British passport but was declined ,and told to go and get a Pakistani passport since i was born in Pakistan .

Pakistan embassy declined stating I'm British not Pakistani .

I then decided to try Indian Embassy since my father was born in India . Again the Indian embassy declined stating my father is British not Indian.


I simply gave up on the matter , and In 1975 After marrying a Filipino I got a Filipino passport.

We are no longer married and after remarrying another man renewing the Filipino passport became a nightmare .

After 42 years of holding the Filipino passport there is a strong possibility it will be withdrawn so the passport nightmare is back to haunt me

If that happens i will be without any form of identification basically i will be stateless.

Kuwait will never give me a passport regardless of how long i have lived in their country .


to summaries ....Pakistan Embassy says I'm not Pakistani I'm British .... Indian Embassy says I'm not Indian I'm British ... British Embassy says I'm not British!

What the hell.... Did I come from Out-space!!!!

I'm almost 64 years old and I'm too old for this B.S

Can anyone please point me in the right direction on how to get my British passport ?

Thank you in advance

BritInParis

Your parents' passports stating they are CUKCs - when were these issued and when did they expire? On what basis did your parents have a claim to British citizenship? Did they have any connection to the UK beyond being born in British India? Where they born in what is now India or Pakistan?

quiltman

Wow! Can understand your frustration. BIP - he says his parents were born in British India , presumbably whilst still under British Rule. Does this change anything?

madlyhs

The passports i have were issued as follows :-

Mother 10-April 1961 expired in 10-April 1966 and was extended until 10-April 1971.

My father 09-March 1961 expired 09-March 1966.

I'm sure my parents had other passports before 1961 and after 1971 but i don't have them.


About the basis my parents claim to British passports I'm embarrassed to say i honestly don't know/remember ... sign of old age However, in my father death certificate under claim to CUKCs it mention under section 12(2) of BN act 1948 . Moreover ; I found out that my grandfather was born in Mauritius it was written in my father death certificate

Regarding connections to UK ... In my mother and father passports the country of residence is UK it was changed from Kuwait to UK in 8 Dec 1962.

Both my parents were born in what was British India . As you know India gained Independence in 1947 and Pakistan was created/gained Independence in 1947.

Hope my answers help.

Thank you

BritInParis

'British India' covers what is now India, Pakistan, Bangladesh and Burma. Each have very different citizenship laws which will affect the OP's situation.

Section 12(2) was a transitional provision within the British Nationality Act 1948 when it came into force on 1 January 1949. It determined which British subject became CUKCs.

The foregoing subsection states:

If your grandfather was born in Mauritius, which remained a British colony until 1968, then your father would have become a CUKC by descent with the commencement of the BNA 1948. As a CUKC by descent your father wouldn't necessarily automatically pass on his British citizenship to you. The commencement of the British Nationality Act 1981 also complicates things. You may be eligible for a form of British nationality even if it's not British citizenship.

Given the complexities of your situation I would make an application to the Home Office for confirmation of British nationality status using Form NS and send all the documents, including your parents' passports, you have with a covering letter explaining the situation as best you can. The fee is £198 but it should confirm your entitlement to a British passport if you are eligible.

madlyhs

[QUOTE
If your grandfather was born in Mauritius, which remained a British colony until 1968, then your father would have become a CUKC by descent with the commencement of the BNA 1948. As a CUKC by descent your father wouldn't necessarily automatically pass on his British citizenship to you. The commencement of the British Nationality Act 1981 also complicates things. You may be eligible for a form of British nationality even if it's not British citizenship.
[/QUOTE]

First thank you for all the info ... My question is does the 1948 law apply even if my father was born in 1918 and I'm assuming my grandfather was born in 1890 plus prior to such laws? Also my father died 15- March 1964 does the law still apply ?

I only need a passport i'm happily living in Kuwait ,and i have no plans to return to UK.

scot47

I hope you get something sorted. This post brings home the complexities of decolonisation and partition of the Raj, seen from the perspective of one family.

Pulaski

I see it more as a symptom of the conflict between jus soli and jus sanguinis - depending on the nationality of your parents and where you are born, some end up with two nationalities, and some with none.

BritInParis

The OP messaged me scans of both her father's British consular death certificate and a letter from the British vice-consul in Kuwait to the OP's mother concerning the citizenship status of herself and her siblings (some are British citizens, some are not depending on their place of birth).

If the OP was born in Pakistan then she should be eligible for a Pakistani passport as Pakistani nationality law operates on a jus soli basis so any one born in Pakistan after 13 April 1951 is considered a Pakistani citizen save the normal exemptions for children of enemy forces or diplomats. Dual citizenship is not permitted with certain exemptions including being a female married to a non-Pakistani national so the acquisition of Philippine citizenship should not have affected the OP's Pakistani citizenship.

madlyhs

Thank you for taking the time to read, and study my case i really appreciate it . I just want to add a small note.

For three years from 1971 to 1974 I was repeatedly visiting :-

1- Pakistan embassy because I was born there.
2- Indian embassy because my father and mother were born there.
3- British embassy because my father and mother British .

Sadly all 3 embassies declined my application for a passport in writing!!

For some reason Pakistan embassy did not apply a Jus soli basis even I was born in Pakistan after 13 April 1951 and that was before I married a philppino !
Thank you all for your help and support I appreciate it

I believe my only course of action is to go thru a legal office/layer in order to try and obtain a British passport Do you recommend anyone ?

TIA

Pulaski

My reading and understand of BiP's very thorough post #9, I'd that your primary, and possibly only, claim is to a Pakistani passport.

quiltman

Maybe i'm misunderstanding something here. If the OP has Philippine citizenship then surely she is no longer stateless and can get a Filipino passport? I missed where she said she had aquired Filipino citizenship - perhaps only in her PM to you?

inggris

Have you recently approached the relevant embassies or you still rely on the information you got informed between 1971 and 1974?

Pulaski

Post #1, Para 11. ..... It appears that she lost/loses her right to a Philippines passport when
she divorced (?) her filipino husband and/or remarried a non-filipino.

quiltman

My sorry! did not scroll back and re read OPs original. Have slapped my wrists!