- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
Your mother's father would have acquired his Right of Abode under Section 2(1)(b) of the Immigration Act 1971 and therefore both he and his wife (your mother's father and mother's mother) would be defined as British citizens by descent in 1983 and hence neither of them would be unable to transmit citizenship to any children born abroad.Section 14 of the British Nationality Act 1981 wrote:Meaning of British citizen (by descent).(1)For the purposes of this Act a British citizen is a British citizen “by descent” if and only if—
- (b) Subject to subsection (2), he is a person born outside the United Kingdom before commencement who became a British citizen at commencement and immediately before commencement—
...
(iii)had the right of abode in the United Kingdom by virtue only of paragraph (b) of subsection (1) of section 2 of the Immigration Act 1971 as then in force (connection with United Kingdom through parent or grandparent), or by virtue only of that paragraph and paragraph (c) of that subsection (settlement in United Kingdom with five years’ ordinary residence there), or by virtue only of being or having been the wife of a person who immediately before commencement had that right by virtue only of the said paragraph (b) or the said paragraphs (b) and (c); or
Your mother's mother did acquire British citizenship by marriage. But because she acquired her British citizenship through marriage to a British citizen by descent, she got the same citizenship. Citizenship by marriage to a British citizen by descent gave her British citizenship by descent too.secret.simon wrote: ↑Mon Dec 11, 2017 7:37 amYour mother's mother would have acquired patriality (later called Right of Abode)-See Section 2(2)-when it was created in 1971 and therefore could have acquired British citizenship in 1983. But, she would have become a British citizen by descent herself.
The relevant law is Section 14 of the BNA 1981, which defines who a British citizen by descent is.
Your mother's father would have acquired his Right of Abode under Section 2(1)(b) of the Immigration Act 1971 and therefore both he and his wife (your mother's father and mother's mother) would be defined as British citizens by descent in 1983 and hence neither of them would be unable to transmit citizenship to any children born abroad.Meaning of British citizen (by descent).(1)For the purposes of this Act a British citizen is a British citizen “by descent” if and only if—
(b) Subject to subsection (2), he is a person born outside the United Kingdom before commencement who became a British citizen at commencement and immediately before commencement—
...
(iii)had the right of abode in the United Kingdom by virtue only of paragraph (b) of subsection (1) of section 2 of the Immigration Act 1971 as then in force (connection with United Kingdom through parent or grandparent), or by virtue only of that paragraph and paragraph (c) of that subsection (settlement in United Kingdom with five years’ ordinary residence there), or by virtue only of being or having been the wife of a person who immediately before commencement had that right by virtue only of the said paragraph (b) or the said paragraphs (b) and (c); or
This guy was supposedly an immigration lawyer or something who used to work for the home office...so, I don't know what to tell you. I'm just trying to do my research here.secret.simon wrote: ↑Thu Dec 14, 2017 3:11 amThe only way to acquire British citizenship otherwise tha by descent is either birth in the UK or registration or naturalisation with the UK authorities.
I think this is incorrect as she is not a commonwealth citizen.secret.simon wrote: ↑Tue Dec 12, 2017 5:53 pmShe is eligible to apply for an Ancestry work visa, because she has at least one grandparent born in the UK. She can apply for ILR and then naturalisation in the usual way. But she will have no shortcut to British citizenship.
Update.secret.simon wrote: ↑Mon Dec 11, 2017 7:37 amFirst things first. British nationality has evolved over time.
Quite correct. Good spot.
Thank you, vinny.
I have already initiated a search for this with the national archives regarding the citizenship of everyone involved because I don't have an otherwise definitive answer on the subject.secret.simon wrote: ↑Fri Jun 15, 2018 4:53 pmSo, essentially, your entire case revolves around whether your maternal grandfather registered your mother as a British citizen with the UK consulate within a year of her birth. If he did, you can apply on Form UKM. If he did not, there is not much you can do now.
I'm not sure the 1868 question is specifically addressed there, but it seems probable that the answer is that anyone born outside of the crown territories would not be a British subject.secret.simon wrote: ↑Fri Jun 15, 2018 5:49 pmYou are looking down a vanishingly small rabbit-hole and clutching at straws (I know I am wildly mixing my metaphors, but hey, it is Friday evening).
Have a read-through of the reading list below. I believe that the top two links should answer your queries about your maternal grandmother's status.
Where and when was she and her father born?
British Nationality: Summary
History of British Nationality Acts
British Nationality Act 1948 (as enacted)
Immigration Act 1971 (as enacted) - Pay particular attention to Section 2
British Nationality Act 1981
That gets me stuck in the same logic loop. If my mother was a CUKC at the time of my birth then I have the right of abode. But, her CUKC status is dependent upon UKM registration in the modern day. So, it's that chicken or the egg problem.luthersnowak wrote: ↑Fri Jun 22, 2018 5:10 pmI don't that much about Right of Abode, but this flow chart helps. It will direct you to which sections of the Nationality Acts apply to your circumstances.
https://assets.publishing.service.gov.u ... t-v1.0.pdf
I had a difficult time with that also. At the end of some of the criteria it says "in the UK". It was explained to me that those statements refer specifically to a person being born, adopted, registered, or naturalized within the UK and qualifying territories.Jaffa Cakes wrote: ↑Fri Jun 22, 2018 6:24 pmThat gets me stuck in the same logic loop. If my mother was a CUKC at the time of my birth then I have the right of abode. But, her CUKC status is dependent upon UKM registration in the modern day. So, it's that chicken or the egg problem.luthersnowak wrote: ↑Fri Jun 22, 2018 5:10 pmI don't that much about Right of Abode, but this flow chart helps. It will direct you to which sections of the Nationality Acts apply to your circumstances.
https://assets.publishing.service.gov.u ... t-v1.0.pdf