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-   -   Is my friend a Brit? (https://britishexpats.com/forum/usa-57/my-friend-brit-820596/)

mmhendrie Jan 6th 2014 8:51 pm

Is my friend a Brit?
 
Hi, was hoping for some help here as I know there's a reasonable amount of expertise on the subject of citizenship.

My friend is a canadian, born in canada. His dad is canadian, but his mother is British from Yorkshire. However, she moved to canada when she was just 8yrs old.

My friend has canadian citizenship, but we're wondering if he also has british through his mother. I've looked around, and I find text that seems to indicate if he was born after 1981-83 (not sure which), he is considered "British by descent" - but he was not, he was born in the 1970s, and I can't seem to find anything positive or negative in that regard.

Does anyone know, and can point me to the relative law?
thanks,
Matt

civilservant Jan 6th 2014 9:05 pm

Re: Is my friend a Brit?
 
Prior to 1983 children born outside of the UK to British mothers but foreign fathers did not have a claim to British citizenship. That right was only passed through British fathers. At least that is my understanding.

Markie Jan 6th 2014 9:07 pm

Re: Is my friend a Brit?
 

Originally Posted by mmhendrie (Post 11066176)
Hi, was hoping for some help here as I know there's a reasonable amount of expertise on the subject of citizenship.

My friend is a canadian, born in canada. His dad is canadian, but his mother is British from Yorkshire. However, she moved to canada when she was just 8yrs old.

My friend has canadian citizenship, but we're wondering if he also has british through his mother. I've looked around, and I find text that seems to indicate if he was born after 1981-83 (not sure which), he is considered "British by descent" - but he was not, he was born in the 1970s, and I can't seem to find anything positive or negative in that regard.

Does anyone know, and can point me to the relative law?
thanks,
Matt

No, you have to be born after 1983, but there is a path to British citizenship available to him.

kins Jan 6th 2014 11:02 pm

Re: Is my friend a Brit?
 

Originally Posted by civilservant (Post 11066196)
Prior to 1983 children born outside of the UK to British mothers but foreign fathers did not have a claim to British citizenship. That right was only passed through British fathers. At least that is my understanding.

But the law has been updated since so that people born before 1983 can claim their UK citizenship. My SIL did it a few years ago - she was born in 1966 in New York to an American father and British mother.
http://www.ukba.homeoffice.gov.uk/br...britishmother/

mmhendrie Jan 6th 2014 11:05 pm

Re: Is my friend a Brit?
 
ahh very good - thanks for the web link, that seems to address the situation specifically - although I'm pretty sure he fails on #4 ;)

-Matt

kins Jan 6th 2014 11:10 pm

Re: Is my friend a Brit?
 

Originally Posted by mmhendrie (Post 11066313)
ahh very good - thanks for the web link, that seems to address the situation specifically - although I'm pretty sure he fails on #4 ;)

-Matt

Always tricky, that one :)

Markie Jan 7th 2014 12:09 pm

Re: Is my friend a Brit?
 

Originally Posted by mmhendrie (Post 11066313)
ahh very good - thanks for the web link, that seems to address the situation specifically - although I'm pretty sure he fails on #4 ;)

-Matt

The good character requirement? Remember that convictions may not necessarily disqualify him. I think it just generally depends on what they think and how minor they are. For example, I don't think getting busted for pot 20 years ago is too likely to disqualify him today.

BritInParis Jan 7th 2014 8:23 pm

Re: Is my friend a Brit?
 
Your friend will need to do a Section 4C registration. kins has already kindly posted the link. He'll need to send an application and £90 to Liverpool, twiddle his thumbs for a bit and then pop down to his local British consulate to swear allegiance to the Queen - not too much of a stretch since she's already his Queen - and he's British.

As for good character, unless he's spent time in prison or committed acts of terror, he should be good to go :)


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