Born to unmarried BOC ( British overseas citizen) mother

[ramli]

Hello all gurus and moderators,
yesterday i went to meet my solicitor regarding my flr fp application and i was shocked when he told me that you are british citizen by birth so i want to know that is this right??I born to unmarried british overseas citizen mother in india in 1990 than my mother got married to my biological father after 6 months of my birth.please advise me is this true that i can be a british citizen straight away.currently all of my family members are british citizen except me.i will be grateful if anyone can brief me about this

[secret.simon]

First tings first. A British Overseas Citizen is not the same as a British citizen. Being a BOC does not give you the right to live in the UK. So, even if you were a BOC by descent, you would still need a visa to live in the UK.

Did your British Overseas Citizen (BOC) mother have any other citizenship at any time in her life?

Where was your BOC mother born? How did she acquire the BOC citizenship?

What was the nationality of your father?

You said that the rest of your family are now British citizens. Did your mother register or naturalise as a British Citizen or is she still a BOC? If so, what visa/leave to remain is she on?

How long have you lived in the UK for already? And what visas have you been on while you have been in the UK?

[ramli]

First tings first. A British Overseas Citizen is not the same as a British citizen. Being a BOC does not give you the right to live in the UK. So, even if you were a BOC by descent, you would still need a visa to live in the UK.

Did your British Overseas Citizen (BOC) mother have any other citizenship at any time in her life?

Where was your BOC mother born? How did she acquire the BOC citizenship?

What was the nationality of your father?

You said that the rest of your family are now British citizens. Did your mother register or naturalise as a British Citizen or is she still a BOC? If so, what visa/leave to remain is she on?

How long have you lived in the UK for already? And what visas have you been on while you have been in the UK?

Thanks for reply secret saymond
no she is not Indian citizen at all as anyone cant hold dual nationality when she born.
my mother born in India to CUKC father.she came here as visitor than she apply for British passport in 2009 . (also she got letter from indian ambassy is saying she nevar been indian citizen )
my father was Indian national now British
she naturalize and get her British passport in 2009
i lived in the UK from 6 years .i came here to study in 2010 than i am trying to very my leave and my flr (fp) refused lastly with out side uk appeal right
If you want any other information you ask i will provide

[secret.simon]

Is your father named on your birth certificate?

What was the basis of your father's naturalisation?

Do you currently hold an Indian passport?

Do you have any siblings and if so, what are their nationalities?

You have very tenuous claim to a BOC status, verging on non-existent.

Firstly, BOC citizenship is not passed on from parent to child, except if the child is left stateless. Even then, it is not automatic. The parent would have had to register the birth with the British authorities for the child to get BOC status. If the parent has not done that while the child is a minor, the child does not get BOC status. (See Section 27 of the BNA 1981).

Secondly, by birth in India to an Indian parent in 1990, you automatically acquired Indian citizenship and hence were not stateless and thus could not acquire BOC status anyway.

In any case, BOC status would not give you the right to live in the UK. Only BOCs who do not hold and have not renounced any other nationality can register as British citizens. If you currently hold Indian citizenship, as I believe, then you are ineligible to apply for British citizenship under these provisions.

So, I fail to see how the solicitor that you spoke to advised you that you are British citizen by birth. However, I am not a lawyer. It may be best to take a printout of this thread and discuss it with him/her and update us on what s/he advises further.

[ramli]

Is your father named on your birth certificate?

What was the basis of your father's naturalisation?

Do you currently hold an Indian passport?

Do you have any siblings and if so, what are their nationalities?

You have very tenuous claim to a BOC status, verging on non-existent.

Firstly, BOC citizenship is not passed on from parent to child, except if the child is left stateless. Even then, it is not automatic. The parent would have had to register the birth with the British authorities for the child to get BOC status. If the parent has not done that while the child is a minor, the child does not get BOC status. (See Section 27 of the BNA 1981).

Secondly, by birth in India to an Indian parent in 1990, you automatically acquired Indian citizenship and hence were not stateless and thus could not acquire BOC status anyway.

In any case, BOC status would not give you the right to live in the UK. Only BOCs who do not hold and have not renounced any other nationality can register as British citizens. If you currently hold Indian citizenship, as I believe, then you are ineligible to apply for British citizenship under these provisions.

So, I fail to see how the solicitor that you spoke to advised you that you are British citizen by birth. However, I am not a lawyer. It may be best to take a printout of this thread and discuss it with him/her and update us on what s/he advises further.

Thanks for your reply.yes my father's name is on my birth certificate.

My father came here along with my 18 year brother on spouse visa than after he got ilr and after one year of ilr he become british.yes i got indian passport

I have only one younger brother and he got indefinite leave to remain.

[geriatrix]

Regarding FLR(FP) discussion, post in the existing topic, not here.