British Citizen with the Right of Abode on 1 January 1983

[echen]

Can anyone please help?

I am a South African who would like some clarity on whether I could have became British Citizens on 1 January 1983.

Is there anyone who thinks I may have become such, if:-

(My great-grand father born in England 1834 as natural-born British Subject)
My grand father was born 1882 in Natal colony as natural-born British Subject.
My father born 1916 in the (then) united Colony of the Union of South Africa as a natural-born British Subject

With the BNA1948 the Union was removed of it's colonial status and became a Crown Dominion but with it's own citizenship laws being enacted on 2.9.49.
Only in 1962 did the Union become totally independent and become the Republic of South Africa.

I was born 1956 (being after 1949 and before independence in 1962) as a British Subject & Commonwealth Citizen

Question is what citizenship did my father have on 1 Jan 1949?
Did he immediately become a CUKC as the Union Citizenship law only took effect on the 2 Sept 1949?
Then what happened when he automatically became a Union Citizen/Commonwealth Citizen, did he "loose" his CUKC status?

According to the BNA 1948

British subjects before commencement of Act becoming citizens of United Kingdom and Colonies:-
12.—(1) A person who was a British subject immediately before the date of the commencement of this Act shall on that date become a citizen of the United Kingdom and Colonies if he possesses any of the following qualifications, that is to say—

(a) that he was born within the territories comprised at the commencement of this Act (Canada, Australia, New Zealand, the Union of South Africa, Newfoundland, India, Pakistan, Southern Rhodesia and Ceylon) in the United Kingdom and Colonies, and would have been such a citizen if section four of this Act had been in force at the time of his birth;

It seems to me that since he was a natural-born British Subject as well as his father and grand father, then surely he should have become a CUKC and remained so, even though he later also became a Commonwealth Citizen?

And therefore he should have become a British Citizen with the Right of Abode on 1 January 1983.

He never obtained a British Passport, so I have no record of his status.

I never applied for a British Passport before 1962, (or thereafter) so have no idea what my status would have been had I done so. But it is my guess it would have been British Subject with Right of Abode (or whatever would have been the equivalent at the time) He for sure would have been able to enter the UK freely, and stay or work and the same for me for that matter up until 1962.

So need to know since he was originally before 1949 a British Subject (equivalent to today's British Citizen) did he "loose" this status when the Union of South Africa became a Dominion with its own citizenship laws on 2.9.49?

In 1910 the four British Colonies, namely, Colony of the Cape of Good Hope, Natal Colony, Orange River Colony & Transvaal Colony were united to form the Union of South Africa in 1910 according to the South African Act 1909 (which was a "united" colony until 1949 when it's status changed to that of a Dominion BNA1948)

The way I see it is that my father was a "British Citizen" (then natural-born British Subject) by birth and since they decided to change the terminology TWICE to firstly Citizen of the United Kingdom and Colonies and then to British Citizen, surely then my father should have become a CUKC on 1.1.1949 and thereafter a British Citizen on 1.1.1983, no questions asked.

(Or was all this "name changing" some kind of trick to hopefully loose some of the boogers along the way!)

Then where does that leave me? A British Citizen by decent?... or confused?

[OFCHARITY]

As far as I am aware and based on a conversation with someone at the Nationality Helpline, your father as a fomer British subject would have lost his British citizenship when the country of his birth became an independent state. If it was your grandfather who was born in Britain you might have stood a chance for an ancestry visa. But I am not sure you have any claim to British citizenship as it stands

[echen]

Hi OFCHARITY,
Thanks so much for your reply.

Sorry for the delay, but I received quite a bit of help from another website as well and have since worked out, with the help of the (UKBA flow charts) that my grand father would have become a CUKC on 1.1.1949 (because his father was born in England) and thus, but for his death would have become a British Citizen on 1.1.83 (by decent).

Although the question here is that he himself was born in an actual Colony and at the time of his birth was actually a natural-born British Subject, which at the time would have been the same as a British Citizen today, not so? So it seems that the BNA1948 changed his status to that of "by decent". I don't know how that can happen. I was under the impression that if one is born with a certain British nationality status then that it that, it can't be taken away from you. So the confusing part in the BNA1948 is that there is no reference to those who were born in former colonies like Natal Colony before it was incorporated into the Dominion of the Union of South Africa in 1910. (which did not become an "independent state/country" until 1962 - 2 years after his death)

Another thing is that at the time of my father's birth in 1916, the Union of South African had not yet had it's own citizenship laws, so he was also born a British Subject in the old form (as mentioned above). It was only in 1927 that a limited form of citizenship came into effect, which was Union National, which merely served to distinguish the various dominions from each other. Then with the BNA1948, all of a sudden my father looses his british "citizenship" status, just like that. I thought that Britain had no problem with dual citizenship. It is clear from BNA1948 that on 1.1.49 my father was a "potential citizen of the Union of SA" but the way I see it he was already a "British citizen" (then British Subject in old form) of the UK. So why did he not continue with dual citizenship?

I can understand if other (then) British Subjects, who had no British lineage, like the Dutch, French & other settlers and other aliens, lost their British nationality status, but not those who had direct linage back to the UK. This is what doesn't make sense to me.

South Africa only became independent in 1962 when it became a republic and left the commonwealth. Although in 1949 formulated it's own citizenship law.

So putting my father aside for the moment (who seems to have fallen through the cracks somehow) my latest question is.....

If my grand father according to the BNA1948 became a CUKC on 1.1.49 and but for his death a British Citizen with Right of Abode on 1.1.83 then could I get a (ancestry) British passport?

[fair4all]

This seems to be a common problem , claiming British citizenship by descent.
My mother was born in Australia in 1913 ( British Parents who were also married in the UK) she held a British Passport until her death, and was educated in the Uk and went to the Colonies after completing her tertiary qualifications.
My father (Dutch mother -German Father) was born in the British Cape Colony in 1909 , held a British Passport all his life and died as a British subject in the British Protectorate of Norther Rhodesia, when I was 7.
I was born in 1949 in Northern Rhodesia when it was a British Protectorate. I traveled on my own British passport. when I was 17 the British High commission refused to renew same as Northern Rhodesia became Zambia. Their reason being my parents were born at that time in their Colonies and not in the UK. I was out of the Country and Stateless when my policy expired. Zambia would not issue passports if you were not residing in the Country. Some of my European friends who were born there, discovered on returning there in the 1990's , that Zambia refused them Citizenship by birth rights, and they were oblidged to apply for visa's

Fortunatly, the South African Embassy assisted by granting me South African Citizenship by descent.
In 2004 I moved to England with my British partner on Ancestral visa (British grandparents) after 4 years when my visa expired I was already married to my British husband. at that time after 4 years you can remain in UK, and apply for Nationalisation.. I paid the GBP750 and applied, and it was turned down despite the fact that I was married to a British subject, as I had not worked, which was one of the conditions of the Visa. (note my age folks) .I was then told to apply for a 2 year spouse visa, which I obtained, we have since moved as My husband came to work on contract in Overseas, and now it appears I have lost my chance of British Citizenship, as we are not in the Country. What else is there to say? Think this sums up the British Foreign policy in a nut shell to all the descendents of their Citizens who served in their Colonies.

[akrobey]

Hi

Can anyone assist? I applied for an ancestral visa in 2001, this visa was granted, however I have reapplied outside the uk in June 2014, the visa was refused in July 2014 based on my fathers birth Certificate. The birth certificate was not a full certificate indicating my grand fathers details (He is a British Citizen). I have appealed via paper to the First Tier Tribunal. I posted the documents which was signed for on the 14t July by an A Rana. My visa was refused by an ECM in South Africa.

Will the ECM decide on the new documents that I have submitted (Full Birth Certificate), and if so, how long after the document was received do I have to wait for the outcome of the appeal. It is roughly 3 weeks after the documents were recieved and I still have not heared anything. I am sure once the new evidence has been viewed the Ancestral Visa will be granted. Just not sure what the time period will be for the paper process outside of the UK. This seems to be a very grey discussion area.

Any clarification on this would be appreciated.

Many Thanks!