This is a long shot

[ozbrit]

So i've been rejected for an unmarried partner visa (have posted about that in that section) and am trying to look at what options I have. My mother has told me that about over 30 or so years ago she married a guy in England and became a British citizen. She Has been living in Australia for about thirty years. She doesn't have a British passport but has the marriage certificate and the citizenship papers. Is there any possibilty I can get a British passport? I was born in 1982. I'm pretty sure I can't but thought I would ask anyway. Thanks for your time.

I hope I posted in the right section

[John]

I think you will be rather interested to read this UKBA webpage!

[ozbrit]

Thanks for that John! Looks like I can't get it afterall though... back to the bloody drawing board.

You will meet requirement 3 if:

â– your mother was, at the time of your birth, a citizen of the United Kingdom and Colonies by birth, legal adoption, naturalisation or registration (except registration on the basis of marriage on or after 28 October 1971 to a citizen of the United Kingdom and Colonies) in the UK, Channel Islands or Isle of Man; or
â– one of your mother's parents was a citizen of the United Kingdom and Colonies in the way mentioned above at the time of her birth; or
â– you were settled in the UK before 1983 and had at that time been resident there for the last five years or more; or
â– you are a woman who, before 1 January 1983, was or had been married to a man with the right of abode in the UK.

[JAJ]

You have her citizenship papers? What exactly does it say on her citizenship certificate?

In particular, under which section of the British Nationality Act 1948 was she registered? And on what date was she married?

[ozbrit]

So this is the info my mum sent me in a text..

It says Certificate of Registration As a Citizen of the United Kingdom and colonies dated 17 dec 1975.

Under British Nationality Acts.

Marriage was 23 June 1975

[JAJ]

What section of the Act? It should say on the certificate.

By the way, was your mother originally from Australia? Or did she become Australian later on?

[ozbrit]

Hi,


So I'm only able to speak to her on the phone at the moment.

She doesn't have her marriage certificate anymore but her citizenship certificate says

certificate of registration as a british citizen of the united kingdom and colonies

17th dec 1975

under british nationality acts

She says there is no date of any acts.

She is originally Australian, she went over and married someone, became a british citizen, then divorced at some point but she has always kept the british citizenship

[JAJ]

Hi,


So I'm only able to speak to her on the phone at the moment.

She doesn't have her marriage certificate anymore but her citizenship certificate says

certificate of registration as a british citizen of the united kingdom and colonies

17th dec 1975

under british nationality acts

She says there is no date of any acts.

She is originally Australian, she went over and married someone, became a british citizen, then divorced at some point but she has always kept the british citizenship

You need to see the certificate. Sorry - but this is important. If she was registered under section 6(2) of the British Nationality Act 1948 then you are out of luck. If she was registered under another section, one dealing with residence in the UK, you may be a British citizen.

Ask mother to scan and email, or fax, a copy to you.

Do you have any brothers or sisters born in 1983 or later? They may be able to claim British citizenship from your mother, even if you can't.

By the way, is your mother aware that she ceased to be an Australian citizen on 17 December 1975 (unless by some chance she was in Australia on that date) and she needs to apply for resumption in order to get her Australian citizenship back?

[ozbrit]

I'll have to wait until Monday for that I think.

She seems to think that is what it says.

She reckons I can because I'm born before 1983 but my siblings can't because they are born after.

I don't even know the process for this and how long it takes. I am in such a rush to get back overseas.

[JAJ]

I'll have to wait until Monday for that I think.

She seems to think that is what it says.

She reckons I can because I'm born before 1983 but my siblings can't because they are born after.

I don't even know the process for this and how long it takes. I am in such a rush to get back overseas.

Hi
You can't become a British citizen unless you meet the requirements for UKM registration. As as already been pointed out, if your mother was registered as British by marriage under section 6(2) of the 1948 Act, you would not have had a Right of Abode based on her had you been British before 1983, and hence you don't qualify.

If your mother was registered British some other way, you may qualify for UKM.

Otherwise you need to look at other options to live in Britain. SO ... not much more is going to happen until you see a copy of the certificate and report back.

Your post-1.1.83 siblings are in a different situation. If your mother's British husband was UK born (was he) then she became a British citizen otherwise than by descent on 1.1.83 and hence they would be British citizens by descent.

Is it clear that your mother seems to have lost her Australian citizenship in 1975 and is most likely an unlawful non-citizen in Australia? If she has an Australian passport it is invalid.

The good news is that she can resume her Australian citizenship, if she has not done so already, assuming she has a clean police record.

[ozbrit]

she just emailed it through... under 6(2) so that's not an option for me. I'll let my siblings know that they can look into it.

Thankyou very much for your help.

[JAJ]

she just emailed it through... under 6(2) so that's not an option for me. I'll let my siblings know that they can look into it.

Your siblings appear to be in the same situation as "dave21683":
http://www.immigrationboards.com/viewtopic.php?t=23300

You haven't said anything about a UK born grandparent, but if you have one, then you might still be eligible for registration under UKM.

Regarding your mother, to get her Australian citizenship back:
http://www.citizenship.gov.au/current/resumption/

Were any of your siblings born in Australia on or after 20 August 1986? If so, was the other parent (your father) an Australian citizen or permanent resident when they were born? As your mother wasn't Australian then it could have affected their status unless they can claim status from the father ... they would most probably have become Australian citizens on 10th birthday in any case, if living in Australia, but then need to get citizenship certificates evidencing this.

[OFCHARITY]

don't want to hijack this thread but I was a bit concerned to find out that registration on the basis of marriage affects a mother's ability to pass on citizenship. Is this only for children born before 1983? The reason I asked is that even though I stated on my naturalisation application that I was not applying on the basis of marriage to a citizen (my spouse was a citizen at the time, but I qualified in my own right and wanted to apply as such) my naturalisation certificate still shows section 6(2). I thought I'd not take it up with the HO since it probably makes no practical difference, but now this thread has got me wondering.

[JAJ]

don't want to hijack this thread but I was a bit concerned to find out that registration on the basis of marriage affects a mother's ability to pass on citizenship. Is this only for children born before 1983? The reason I asked is that even though I stated on my naturalisation application that I was not applying on the basis of marriage to a citizen (my spouse was a citizen at the time, but I qualified in my own right and wanted to apply as such) my naturalisation certificate still shows section 6(2). I thought I'd not take it up with the HO since it probably makes no practical difference, but now this thread has got me wondering.

There is a difference between naturalisation as a British citizen under section 6(2) of the British Nationality Act 1981 (in force since 1.1.83) and registration as a Citizen of the UK & Colonies under section 6(2) of the British Nationality Act 1948.

It's only a coincidence that the section numbers are the same.

[OFCHARITY]

Thanks for the clarification JAJ