mcwong

I need some help in verifying my status. I was born in Penang in 1956. Penang was a british colony before independence in 1957. My father was also born in Penang in 1924.

Am I entitled to right of abode (certificate of entitlement, etc) in the UK on 31 Dec 1983, under s.2 (1) (a) Immigration Act 1971 and CUKC by birth under under s.11(1) BNA 1981?


Any help is greatly appreciated.

references:-
http://www.ind.homeoffice.gov.uk/ind...ependence.html
6.5 Malaysia
6.5.1 The Federation of Malaya was formed on 31 August 1957 of 9 Malay States (Protected States) and the colonies of Penang and Malacca. British protected persons lost that status on independence but there was no provision for the loss of citizenship of the United Kingdom and Colonies.
6.5.2 North Borneo, Sarawak and Singapore joined with those states to form the Federation of Malaysia on 16 September 1963. The Malaysia Act withdrew citizenship of the United Kingdom and Colonies on basically normal grounds but did not affect existing citizens of the Federation.
6.5.3 Therefore there was no provision for loss of CUKC for people who acquired that status by their birth or connection with Penang and Malacca before 31 August 1957. A person born there or legally descended from a father born there may have had an automatic claim to citizenship of the United Kingdom and Colonies - now they are mainly British Overseas citizens.


Immigration & Nationality Directorate chapter 37 annexes B, C, D

Immigration & Nationality Directorate chapter 2 annexes E, D.

JAJ

The text in bold type should answer your question. British Overseas citizens. Not British citizens.

British Overseas citizens do not have the right to live in the UK.

The only way such a person might be a British citizen is if he or she acquired a UK Right of Abode before 1983, eg:
- parent or grandparent born (or possibly naturalised) there; or
- that person lived for 5 years in the UK prior to 1983; or
- if a woman, was married to a man with right of abode.

In itself, citizenship of the UK & Colonies did not carry with it a Right of Abode before 1983.

Malaysia is not keen on the idea of dual citizenship, so applying for a British Overseas passport would probably not be a good idea if you are a Malaysian citizen (most people in this situation are).

Jeremy

mcwong

thanks for the info...generally this applies to Malaysians, however only Penang & Malacca were british colonies and so a bit confusing. Those born in these 2 states (b4 independence) were cukc (and still are since this status was not affected by the independence act or officially renounced by the holder).

using annex C (attached) - was a cukc under s.4 BNA 1948
using annex D (attached) - s.2(1)(a) Immigration Act 1971. RIGHT OF ABODE ON 31 DECEMBER 1982.

37.2.1 Section 26 of the British Nationality Act 1981 explains which people born before 1 January 1983 acquired British Overseas citizenship automatically on that date.

37.2.2 Under s.26, a person automatically became a British Overseas citizen on 1 January 1983 if, immediately before that date, he or she:
* was a citizen of the United Kingdom and Colonies; and
* did not on that date become either:

i. a British citizen under s.11 of the British Nationality Act 1981 or s.1(1) of the British Nationality (Falkland Islands) Act 1983 (see Chapter 2); and/or

ii. a British Dependent Territories citizen under s.23 (see Chapter 22).

37.2.3 British Overseas citizenship is not transmissible, and the question of whether a person is such a citizen by descent or otherwise does not arise.

37.4.3 When citizenship of the United Kingdom and Colonies was derived from a connection with a former British overseas territory particular care should be taken to establish that the person concerned retained that status when the territory in question gained independence.

JAJ

It does not 'generally' apply to Malaysians. And people from Penang and Malacca are not CUKCs now (no-one has been a CUKC since 1.1.1983) but the Home Office has made it clear that most of these people are British Overseas citizens.

British Overseas citizens do not have the right to live in the UK.

Work out if you obtained a right of abode in Britain before 1983 and take things from there.

Jeremy

mcwong

Thanks Jeremy,

Just came across this recent article, can you shed some light on this.."A BOCP, given to those born in the Straits Settlement before independence, is equivalent to a permanent residence with a right of abode only in the United Kingdom."
Seems those born in the straits settlement before independence is automatically entitled to BOC password with right of abode (subject to work permit) and is quite different from acquiring british citizenship.
According to the court decision, Malaysian citizenship is not revoked.

Attachment is boc5.doc from The New Straits Times, Feb.22, 2005 issue. http://www.nst.com.my/Current_News/N.../pp_index_html

regds,
wong

JAJ

This is incorrect. A British Overseas citizen passport gives no right to permanent residence, or right of abode, in the United Kingdom.

Jeremy