Do I qualify for British Citizenship? (JA Parents, UK Cit)

[Busta2011]

Hello everyone, I was wondering if I qualify for British Citizenship based on my situation. It is as follows:

Myself:

- Born in Ontario, Canada. Canadian Citizen
- Naturalized US Citizen - currently residing in the USA.
- Never have resided in the UK.

Parents:

- Both born in Kingston, Jamaica
- Both are citizens of the UK, because of being born in Jamaica before the countries independence.
- Both parents have UK passports.
- Neither parent has resided in the UK
- My Grandfather and Grandmother were also both UK citizens, my grandfather was also a member of the British Navy.

Does this qualify me?

Thank you in advance.

[asp]

Have a look at http://www.ukba.homeoffice.gov.uk/sitec ... ide_ns.pdf

Your grandparents status and naval service aren't directly relevant but that of your parents is. You state that your parents have British passports, but not which type of British passport, nor when they were issued. I infer that you think they continued to be British after independence in 1962, but many people from Jamaica ceased to be CUKCs then and so are not British now.

If your parents have a British passport issued after 1983 that describes them as being a "British citizen" then you are probably British. If you are, then your own date of birth will be crucial in determining whether your own children will be British, as birth outside the UK after 1/1/83 would normally make you British by descent and unable to pass British nationality to any of your children born outside the UK.

If your parents' passports are older then it won't be so easy a question to answer, as you will first have to establish whether they were still British when the BNA came into force on 1/1/83.

[Busta2011]

Thank you very much for the helpful response and link asp.

To answer your questions:

- They did remain British citizens after Independence.
- Their passports are expired as of today, but were still active well into the late 80's early 90's. After that point they started to travel on their Canadian passports and did not renew, but I assume remained British citizens.
- I was born in 1978, so it is good news that if I am British, I can pass it along to my children.

[JAJ]

Thank you very much for the helpful response and link asp.

To answer your questions:

- They did remain British citizens after Independence.

On what basis did they remain British?

[Busta2011]

Thank you very much for the helpful response and link asp.

To answer your questions:

- They did remain British citizens after Independence.

On what basis did they remain British?

Just got the details from my parents. They applied for British Citizenship after Independence. Their passports both say "British Citizen". Their most recent passports were issued in 1988 and expired 1998, I assume they could renew at any time similar to any other nation (remain a citizen, but have passport lapse)

So I assume I would be able to apply for citizenship at any time based on this information. Should I apply for a passport immediately or are there additional steps before?

Also to expand on this, would my daughter (born this year) and wife also qualify?

Thank you again.

[avjones]

You'd need to know why they got citizenship after Jamaica's independence. It might well be because their parents, or one of them, was born in the UK. Most Jamaicans didn't get it, there must be a reason.

[newperson]

And even if (for the yet undisclosed reason) one or both of your parents are in fact British "otherwise than by descent"*, you would likely only be British "by descent". However, UK citizenship would not pass on further to your new daughter or, by association, to your wife. Both of them would have to apply for settlement visas to reside in the UK and would apply for citizenship through normal fee-paying channels after the appropriate residential period has elapsed.

Should you currently be British by descent and you now move to the UK, any subsequent children born there after your move will be British otherwise than by descent. Your present daughter, however, will need to go through the fee-liable registration/naturalisation** process.

In the more likely case that your parents are British by descent, the facts that neither of them has spent much time in the UK and that you are now over 18, block your claim to current British citizenship. You, as a Commonwealth citizen with (perhaps?) a UK-born*** grandparent would be able to apply for an Ancestry Visa with your wife and child as dependents, all of you paying fees for each application. After five years in the UK under current rules, you could then apply for Indefinite Leave to Remain, and after an additional year, citizenship.

* British "otherwise than by descent" = British by birth, adoption, naturalisation or registration in the UK. British "by descent" = British by birth overseas to a British citizen "otherwise than by descent"

**Children under 18 may be registered as British, a slightly easier process than naturalisation.

*** The UK-born grandparent which facilitiates an Ancestry Visa must be born in England, Scotland, Wales, Northern Ireland, Southern Ireland (pre-1922), the Channel Islands, the Isle of Man or onboard a ship registered in those jurisdictions. Birth in a British colony will not suffice.

ETI: grammatical correction (insertion of the word "if" in first sentence)

[Busta2011]

Sorry for being so vague in that last reply.

Neither of my parents were born in the UK nor any of my grandparents. My Grandfather on my fathers side was born in Jamaica but gained British citizenship through his mother and father whom were both born in the UK. My grandmother then became a British citizen because of marriage and then all the children (All 3 of my fathers siblings as well) applied for British citizenship through my grandfather (Jamaican born, but UK citizen)

So would I have any claim under these circumstances? Because the only UK born family members were my great grandparents, even though my grandparents and parents are all British citizens by decent.

[JAJ]

Sorry for being so vague in that last reply.

Neither of my parents were born in the UK nor any of my grandparents. My Grandfather on my fathers side was born in Jamaica but gained British citizenship through his mother and father whom were both born in the UK. My grandmother then became a British citizen because of marriage and then all the children (All 3 of my fathers siblings as well) applied for British citizenship through my grandfather (Jamaican born, but UK citizen)

So would I have any claim under these circumstances? Because the only UK born family members were my great grandparents, even though my grandparents and parents are all British citizens by decent.

Are you telling us that your paternal grandfather retained UK nationality on independence of Jamaica because his own father was born in the UK? That makes sense. In that case, your grandmother would have kept her UK nationality as well (provided she was married to your grandfather before independence).

Next question concerns your father. You don't tell us whether he was born before or after Jamaica independence. That makes a difference.

And none of this explains how your mother came to have a British passport.

Also, you say they "applied for British citizenship" - doesn't make any sense, because retention of UK nationality on Independence was an automatic process where it occurred. Some people who lost UK nationality at independence did formally reacquire it through Home Office registration (usually if living in the UK) but you don't tell us if this may or may not have applied.

So still a lot of missing and contradictory information, makes it unlikely you'll get meaningful assistance at this point.

[gb]

interesting...I have just applied under UKM which means I cannot pass citizenship on to my 19 year old son who is going to a UK university this September. I can however pass this on to my wife as she is a dependent?

My son's UK born grandparent was however born before 1922 in the UK, ....so can he then apply for an ancestry visa ?...and how long does this take to grant...1-3 months?

So with a bit of luck he can start in the UK under an ancestry visa and when he finishes his degree he could be quite far down the track to obtaining his UK citizenship in his own right ?

Am I right ? ...or is there a better way to do this ?

thanks

In the more likely case that your parents are British by descent, the facts that neither of them has spent much time in the UK and that you are now over 18, block your claim to current British citizenship. You, as a Commonwealth citizen with (perhaps?) a UK-born*** grandparent would be able to apply for an Ancestry Visa with your wife and child as dependents, all of you paying fees for each application. After five years in the UK under current rules, you could then apply for Indefinite Leave to Remain, and after an additional year, citizenship.

* British "otherwise than by descent" = British by birth, adoption, naturalisation or registration in the UK. British "by descent" = British by birth overseas to a British citizen "otherwise than by descent"

**Children under 18 may be registered as British, a slightly easier process than naturalisation.

*** The UK-born grandparent which facilitiates an Ancestry Visa must be born in England, Scotland, Wales, Northern Ireland, Southern Ireland (pre-1922), the Channel Islands, the Isle of Man or onboard a ship registered in those jurisdictions.