trinbrit

Hey guys can someone help with a question?

My wifes mom and dad both passed away a few years ago (my wife is an only child).... Her grandfather had a british passoprt now her mother never applied for citizen by descent. So my question is would my wife be able to apply for CBD. Now I know it is by one generation ie father to son now she was born before 1st jan 1983, could it poss be passed from her grand father to her?...

deng890

Probably not.


Even if we assume that your wife's mother is a British citizen by descent (CBD), things get very complicated when a CBD tries to pass on citizenship to another CBD, complications involving UK ties, residency requirements and mandatory registration as a minor. Simply stated, if your wife's mother never lived in the UK and your wife is over 18, then there's really no chance she can apply to become a British Citizen by descent.

I'm by no means an expert in British Nationality law, so I would get this checked out independently, but I wouldn't get your hopes up. Sorry.

JAJ

The information in post #2 is generally correct, however there MIGHT be some additional scope to make a citizenship claim because Trinidad was a British colony before August 31, 1962.

In other words, if the grandfather was born in the UK (and was married to the grandmother), and mother was born in Trinidad before independence, there might be scope for the wife to apply for registration as a British citizen by descent under the UKM provisions.

It probably doesn't work for those born in 1983 or later, but can work for those born before 1983.

trinbrit

Well i am a bit disheartened right now as i got a call yesterday from someone who was clearly not british who was doing the passports,lovely lady though and said i didnt have a claim even though i have lived in the UK for many years. I have an indifinte stay stamp in my PP,my father was born in a colony and had a british not colony passport which my brother and i were on,My uncle just retired as a squadron leader in the RAF my father is a vetran (RAF) who fought in war for the kingdom even their deceased brother was in the RAF I have a NIS number i went to kindergarten,high school and college in the UK and then lived and worked in the UK for many years and now to be told that i dont have a claim is abit disheartening.I have more union jacks in my house than curtains,the least to say i love britain.
However she did say to send the other documents which i have done but she hasnt told me if she recieved them yet....so pls pls dean can you help my dad is getting old and just recovered from prostate cancer so i would be making alot of trips to visit with him i mean he is on the mend now but you know how these things go. have a great day people.

trinbrit

So i dont even want to put my wife through this as yet because she doesnt handle stress too well lol.

JAJ

If you have lived in the UK for many years, then why on earth haven't you become naturalised British?

Secondly, regarding your wife, you haven't answered where her grandfather was born. You don't have to answer anything of course, but you cannot expect any meaningful comments if you don't respond to relevant questions.

In fact there are so many gaps in your information it's impossible to do anything other than speculate on what claim to citizenship you might be. If you want some guidance then you need to tell us where ALL your parents and grandparents, and your father's grandparents were born. In addition, if you and/or your father became settled in the United Kingdom before 1983, give the details of when.

trinbrit

Sorry JAJ it is abit scattered
can i send you the info privately? or do suggest that i post it on the wall?

deng890

Rule #1 is to never 100% trust what someone at the embassy/ government office tells you, they can be wrong, especially with a case that seems a little more complex such as yours. Unlike a solicitor they are under no obligation to give you correct information specific to your case. Get some independent advice, JAJ seems pretty knowledgeable so there's your starting point!

JAJ

I do not answer private messages, normally. Post it here.

trinbrit

Ok JAJ here goes it is kinda long.

My Father was born in st.Vincent (a colony then)under the crown,he then moved to the UK when he was about 15 i think,he was born in 1940 he then went to the UK to follow his brother in the RAF where he severed for many years and even stationed in the Philippines. my uncle stayed on and recently retired at the rank of squadron leader and was even medal-ed By Her Majesty QE. that i know has no relevance prob but am just stating it.

I arrived in the UK on my fathers British passport we ( my twin brother and myself ) i must have been a year old or younger (we were born in Trinidad and i believe my mom had a British passport as well as my mom was born here when it was also a colony), i was on my fathers British passport until 1986.

we left the UK to return to Trinidad in 1976 as a family. we stayed here till 1985/86 when i returned to the UK with my dad,i at the time even still being on my dads BPP i had my own TTPP which is what i entered the UK on. I started school and did all the procedures to have myself organized in the UK i.e through the home office,i was given a stamp prob the third stamp that stated.....Given leave to remain in the UK for an indefinite period. That was in DEC 15th 1989. i lived there for many years i went to high school and college and worked for years i have my NIS number and even got my very first driving license there i also got my motor bike and tracked vehicle etc.

I came back to Trinidad i think in 97 (don't have my pp in hand as im typing this at work) to start a job in the media where i am am still employed,i have been back twice since,my father still lives in the UK.and he is a citizen. so where i know the im law is complicated the lady told me i don't have a claim to a BPP but why don't i apply for a settlement visa?? she had asked me to scan and forward to her some other documents which i did but did not email to me to say she received
she in fact called now i am not saying that she didn't receive them and not being predigest or anything but i had difficulty understanding the person and her accent as she wasn't British (assuming based on accent) so of course i am a bit worried that it wasnt just pushed aside esp after spending 200 quid,
after being told by the care line that sure you qualify and this is what you need to send as i would always call to get all the info before i send important documents and money?? im a radio journalist so i do my home work.
so i have to sit here and kiss my 200 quid goodbye? pls advise somebody am i ever gonna have my dream of looking after my dad in his twilight years and to work for the bbc??

scrubbedexpat099

You have a job lined up with the BBC?

I know they are cutting back.

So you abandoned your ILR so that bit is not relevant.

candy wy.

Unless I am missing it you have not mentioned your year of birth in here....

sir_eccles

My understanding is that citizenship in relation to British colonies gets very complicated very quickly.

trinbrit

Not abandon just didn't know at the time and no just hoping to work there one day

trinbrit

Oh trust me it does!