Am I a British Citizen? - Complicated

[will240]

Just wondering if I'm eligible for a British passport. I have included some details below but if you know a better place to find the answer please let me know. Also I can provide more details if necessary.

Details

Me:

I was born in Australia in 1992 and currently hold an Australian passport.

Mother:

My mother was born in Trinidad in 1958 before it became Trinidad and Tobago and used to hold a British passport to the early 90's. She became an Australian citizen in 1986 and for a while held both a British and Australian passport.

Maternal grandparents:

They were both born in London, UK in 1920-1930.

Father/Paternal Grandparents:

Born in Australia with Australian passports.

[will240]

No one can help with this?

[hsmpengineer]

what was your mothers nationality when you were born?

[will240]

She had a British and Australian passport. But I don't know what type of British Citizen she was. The passport just says British Citizen for everyone regardless. I have been told the type of British Citizen is very important and have no idea how to find out.

[will240]

Unfortunately it seems no one here can help. Does anyone know anywhere I would be able to find the answer? I would be willing to pay to consult with an expert in this field.

[James_tl]

Maybe through UK Ancestry?

[JAJ]

Unfortunately it seems no one here can help. Does anyone know anywhere I would be able to find the answer? I would be willing to pay to consult with an expert in this field.

Contact the Law Society to find an accredited immigration solicitor.

HOWEVER, as far as I can see, your mother became a British citizen "by descent" on 1 January 1983, which means that she did not automatically pass on her British citizenship to you. (Before 1983, she was a U.K. & Colonies citizen by birth, so if you have siblings born before then, they could possibly be British).

Unless either your grandparents or parents were in U.K. recruited Crown Service then I am not sure what basis there is for you to claim British citizenship by descent.

You still appear to be eligible for an Ancestry Visa, which allows you to immigrate to the United Kingdom and become a naturalised British citizen in due course. Also, if on the other side of your family you happen to have an Irish born parent or grandparent, you could get Irish citizenship and use that to move to Britain.

I would still have a consultation with a solicitor to be sure.

[will240]

Thanks JAJ for your response. I have tried doing a little research myself. Am I right in saying that this may apply to me?

British Citizenship by Double Descent (CUKC Parent)

This is a particularly rare instance where a person born after 01.01.1983 can claim British Nationality from a UK-born grandparent. This requires the following set of circumstances:

• Candidate born after 01.01.1983
  
  A parent born in a place that formed part of the UK & Colonies on 01.01.1949
  
  The parent in question's mother and father were born in the United Kingdom (or, if the father was not, the father's father was born in the UK)

[will240]

Additional information:

Section 2(1) of the British Nationality Act (BNA) of 1981 states:

"A person born outside the UK after commencement (01.01.1983) shall be a British Citizen if, at the time of
his birth, his father or mother was a British Citizen otherwise than by descent".

Section 14 of the BNA 1981 defines who is a British Citizen by descent. This section uses the words "for the
purposes of this Act, a British Citizen is a British Citizen by descent if, and only if" (in other words, this list is
meant to be exhaustive):

He/she is a person a) born outside the UK before commencement, b) became a British Citizen on
commencement and c) immediately before commencement was a person who had the Right of Abode in the
UK by virtue ONLY of being a person who immediately before commencement had that right only by virtue
of Section 2(1)b or 2(1)b & 2(1)c of the Immigration Act 1971.

[JAJ]

He/she is a person a) born outside the UK before commencement, b) became a British Citizen on
commencement and c) immediately before commencement was a person who had the Right of Abode in the
UK by virtue ONLY of being a person who immediately before commencement had that right only by virtue
of Section 2(1)b or 2(1)b & 2(1)c of the Immigration Act 1971.

Download the Immigration Act 1971:
http://www.legislation.gov.uk/ukpga/197 ... 077_en.pdf

and you should see that your mother falls into section 2(1)(b) of the Act. Unless she could have claimed Right of Abode under another section (except section 2.1.c), then it seems she became a British citizen by descent.

But get advice from an immigration solicitor to be certain.