nico122

I have a situation which I hope members can give me a little more insight about before I go ahead with submitting a nationality status application form.

The case revolves around my mum's nationality status.

The situation is a follows:

My mum was born in Cyprus in 1951. Cyprus at the time was a British colony. Her dad - also born in Cyprus - was in the employ of the RAF as an auxiliary police officer either just before or just after her birth. He also served in the Cyprus Regiment during the Second World War. Her mum was also Cypriot born. They were both born in 1910.

Long story short, her mum passed on in early (Feb) 1960 and so her dad left Cyprus with his two kids for the UK in the middle (June or July) of 1960 before Cyprus's independence in (Aug) 1960. Entered in his passport was my mum and her brother. The passport was a British passport issued by the local authorities in Cyprus.

They lived in the UK for approximately 2 or so years during which time her dad remarried. His second wife was also Cypriot born but had been living in the UK for around 15 years before she married. She was clearly a full British citizen according to current terminology.

They then left the UK for South Africa but this time the two children (my mum and her brother) were entered on their step-mothers passport and not their dad's. The passport was a British passport issued in the UK.

My mum has remained in South Africa ever since and has not travelled abroad. She therefore has no passport of her own and the only documents that attest to her nationality,place and date of birth are the passports that she was entered in namely her father's and her stepmother's. (We have in the meantime obtained a duplicate birth certificate from the current Cypriot authorities.)

Before her dad and stepmum passed on they were issued with British passports for the last time in 1977. Their nationality status in those passports was described as 'British subjects: Citizens of the UK and colonies'. Also indicated in their passports, on page 5 I think, was the term 'holder has right of abode'.

Thats the story then regarding her nationality background.

My questions therefore are:

1) What could her nationality status be based on the given information?

2)If she does qualify for British nationality which type of BN would she be most likely to get (British Citizen or British Overseas Citizen) and on what basis?

Note: She is able to acquire Cypriot citizenship but I would like her to maintain the historical link with the UK for sentimental reasons. I,incidently, am a British Citizen by naturalisation and am living in the UK. I would like to bring her over for a visit and hence would need to obtain a travel document for her.

Thanks to anyone that may be able to assist

JAJ

Normally you lost UK& Colonies citizenship at independence if you got the citizenship of the new country unless you:

- were born or naturalised in the UK or a place that remained a colony
- had a father or paternal grandfather meeting the first requirement
- were a woman married to a man who remained a CUKC

Normally, even those living in the UK at independence who became citizens of the new country lost their CUKC and only could get it back by registration/naturalisation with the Home Office.

There was, however, an exception for Cyprus, in that if you were ordinarily resident in the UK or a Commonwealth country on 14.8.1960 you kept your CUKC even if you became Cypriot.

See the documents "Independence" and "Exceptions to Loss" at:
http://www.ukba.homeoffice.gov.uk/si.../nisec2gensec/

So, at a minimum, if she can show she had established residence in the UK before independence, she would have kept her CUKC at independence. At a minimum that would mean she would be a British Overseas citizen.

However, to establish a claim of British citizenship, she additionally needs to show that she acquired a Right of Abode in the UK before 1983. In general for a CUKC this would come from:

- a UK born parent or grandparent (paternal or maternal);
- settlement in the UK for at least 5 years before 1983; or
- if a woman, marriage to a man with Right of Abode

nico122

Hi JAJ,

Thanks for the info. It does clarify the matter for me.

Just out of curiosity could you please give me your opinion on the following approaches:

1 - Could she claim British Citizenship by descent? This is because her father maintained his British citizenship right up to the time that he passed on. This was British subject:CUKC with right of abode. He would have become a British citizen if he did not pre-decease the 1 Jan 1983 start period.

2 - Does the fact that she had a step-mother that was a British Citizen (not UK born but established by residence & right of abode prior to 1983) and that my mum travelled on her passport to South Africa lend any support to a claim of British citizenship?

Thanks again

JAJ

If she was in her step-mother's UK passport it ought to mean she has British nationality (but people have been included in passports by mistake, so not definitive proof) but that doesn't necessarily imply anything other than British Overseas citizenship.

On what basis did her father gain Right of Abode in the United Kingdom?

The fact that father had ROA didn't automatically give her ROA, but the origin of father's ROA claim may also apply to her.

nico122

Hi JAJ

Thanks for the info.

Regarding her inclusion on her step-mum's passport my curiosity is that is she considered adopted by the step-parent if included on there or is it merely a form of guardianship? In any case I dont think it'll be of much weighting as citizenship by descent arises from the father.

Her dad's ROA stems from his residence in the UK. I believe this was from around 1957 or 1958 until they emigrated to South Africa - which totals to the 5 years needed to maintain British citizenship (and I guess why he maintained it). The children though were only brought to the UK later so they had been physically resident in the UK for less time than the father.

Does his service in the RAF have any weighting on the matter? Is this considered to be 'crown service'?

JAJ

The fact she was included in step-mother's passport merely suggests she was a Citizen of the UK & Colonies at the time and didn't lose it at independence. Which doesn't prove anything more than the fact she is probably a British Overseas citizen.

Adoption in the United Kingdom prior to 1983 does give rise to a claim of Right of Abode. However, even if she had been adopted by her step-mother in the UK, I am not sure if she would have fallen within the scope of Section 2 of the Immigration Act 1971 (read it yourself to see what it says).


There's a whole subset of cases where CUKC families on 1.1.83 were split up with the parents becoming British citizens and the children British Overseas citizens. The reason for this is that under the Immigration Act 1971, each person had to qualify for Right of Abode independently and while there was a provision that generally gave ROA to the wife of a man with ROA, there was nothing specifically that granted ROA to children of parents who had ROA.


Again - I don't see anything in the Immigration Act 1971 that would lead to this conclusion.

nico122

Hi JAJ,

Thanks for the information. I found it very informative and helpful.

JAJ

Don't just take my word for it. You can read the Immigration Act 1971 (as originally enacted at):
http://www.legislation.gov.uk/ukpga/...9710077_en.pdf

and the British Nationality Act 1981 at:
http://www.legislation.gov.uk/ukpga/...9810061_en.pdf

Assuming she was CUKC before 1983, then you look at s2 of the 1971 Act in full to see if she had Right of Abode. If yes, then in general, she would become a British citizen in 1983. And if she had any ties to the Sovereign Base Areas of Cyprus (or another territory), then a British overseas territories citizen. If neither applies, then a British Overseas citizen.

nico122

Hi JAJ

Thanks for the links.

I have read through the IMN Act and in terms of section 2 b she may qualify through adoption by a UK parent who qualified to be a British citizen through registration in the UK (her step-mum resided in the UK as a CUKC from 1947 to 1962 and maintained some links to the UK after 1962).

As I mentioned before, the test here is whether inclusion in her step-mum's passport counts as adoption. If this does count as adoption for the purposes of acquiring citizenship then she can get British citizenship in this way. (We do not have any records indicating that a formal adoption process took place then as is the case in contemporary situations)

If it does not count as adoption then in terms of the other provisions of the Act she only qualifies to be a BOC as she did not reside for a full 5 years in the UK prior to 1983 but had a sufficient link to a former colony.

JAJ

The two issues I see is that:
- if her step-mother is also Cypriot born and descended, then it seems to me that she was not a CUKC by "registration in the UK". She was CUKC by birth in Cyprus, irrespective of later UK residence.

- Having a child included on your passport does not create an adoptive relationship, although it might be evidence that an adoption did occur. But bear in mind that the standards in the past for including children on parents passports were often fairly casual. This is one of the reasons the practice was stopped.

nico122

Hi

Yes thanks for that.

The step-mother became a full British citizen as a result of her having ROA established through her period of residence in UK as a CUKC.

Yes that was my impression too regarding the inclusion of children in passports.

Have you any experience or knowledge as to how or where one could clarify such a situation? I imagine writing directly to the Home Office is the best approach.

JAJ

Based on the facts, if she wanted to prove she is a British Overseas citizen, the best way is to apply for a British passport.

If she wants to try to claim full British citizenship, then I would recommend a consultation with a good immigration solicitor in the UK to review her case and see if there is any possible pre-1983 Right of Abode claim. With a complex claim to British citizenship, you can apply directly to the Home Office on form NS for a status certificate which then can be used to get a British passport. They brought in form NS because the passport services have at times struggled to deal with complex citizenship cases.

If she wants to move to the UK, I would suggest a Cypriot passport may be a better option. She can become a British citizen by naturalisation once she has permanent residence (normally 5 years for EEA citizens) and meets the additional residential and other requirements in place at the time.

One advantage of being a British Overseas citizen is that she could apply for registration (as a British citizen) instead of naturalisation, if settled in the United Kingdom.
http://www.ukba.homeoffice.gov.uk/br...itishnational/

Otherwise, since Cyprus is a Commonwealth member, her Cyprus passport would give her full rights to vote, etc, in the United Kingdom once settled in the country.

One further thing to bear in mind. If she has to actually apply for Cyprus citizenship, rather than simply applying for a passport, then she needs to get the permission of the South African authorities if she wants to keep her South African citizenship (if she is South African) upon acquiring another. Otherwise she may lose it automatically.

And if it turns out that she is neither a South African citizen, nor Cypriot, nor any other nationality, she could apply for her British Overseas citizenship to be upgraded to full British citizenship:
http://www.ukba.homeoffice.gov.uk/br...ernationality/

nico122

Hi JAJ

Thanks again for the helpful advice.

I think the quickest and easiest approach would be to obtain a Cypriot passport. My understanding is that she only needs to present the Cypriot High Commission with her birth certificate and her father's UK passport to qualify. Also as you pointed out,it would be a travel document that would give her nearly as much rights in the UK as a British citizen.

She only wants to come over on a holiday and then return to SA.

Incidently,she doesn't have any citizenship at the moment as she never naturalised in SA nor did she travel since coming to SA on her step-mum's passport so never had the need to have a passport at anytime over the last nearly 40 years! (I cant believe it but yet there you are)

Thanks again for the helpful advice and time taken to help out