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British Citizenship Eligibility

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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Marie75
Newly Registered
Posts: 2
Joined: Mon Mar 14, 2016 1:09 pm

British Citizenship Eligibility

Post by Marie75 » Mon Mar 14, 2016 1:35 pm

Hello,

I've been thinking of applying for a british citizenship for long and I hope somebody can give me firm informations and instructions as how to proceed in my tricky case ;-)

Many thanks in advance!

My mother was born british in England (1944) to a british dad born oversea (himself from a british-belgian couple) and a belgian born mother who became british by an oversea marriage.
she then went to live in Belgium, opted for belgian nationality because she wanted to teach small children and it was then an obligation to be belgian to do so then she married my belgian dad and stayed in Belgium where I was born (1975)
Now, she'd like to recover her british citizenship but she doesn't know if it' s possible for her to do that? and if yes, how? We always felt more Brits than Belgian.

I also wanted to know if I too would be entitled to proceed for a BC ? Would I have to wait for my mum to recover hers? and if yes, what would be the right or best one? Citizenship by simple or double descent ? Would one of the two gives my overseas-born minor children the possibility to become citizen as well now or later ? a lot of questions you see and I can't get no one on the phone nor email at the UK Citizenship website.

I must admit I feel completely lost in all the procedures/costs etc. and would love to be advised on my rather special case ;)

Many many thanks!

Marie

Richard W
- thin ice -
Posts: 1947
Joined: Wed Oct 17, 2012 4:25 am
Location: Stevenage
England

Re: British Citizenship Eligibility

Post by Richard W » Mon Mar 14, 2016 6:58 pm

Marie75 wrote:she then went to live in Belgium, opted for belgian nationality because she wanted to teach small children and it was then an obligation to be belgian to do so then she married my belgian dad and stayed in Belgium where I was born (1975)
Now, she'd like to recover her british citizenship but she doesn't know if it' s possible for her to do that? and if yes, how? We always felt more Brits than Belgian.
If she didn't formally renounce her British nationality (as opposed to promising to renounce it), she is still British.
Marie75 wrote:I also wanted to know if I too would be entitled to proceed for a BC ? Would I have to wait for my mum to recover hers? and if yes, what would be the right or best one? Citizenship by simple or double descent ? Would one of the two gives my overseas-born minor children the possibility to become citizen as well now or later ? a lot of questions you see and I can't get no one on the phone nor email at the UK Citizenship website.
If your mother is still British, and you are of good character, you can register as of right as British using form UKM, for you are the child of a British mother who was yourself born before 1983. Your children may be registered as British at discretion. Where do they live now, and, if in the UK, what is their father's immigration status?

If your mother did renounce, she can ask to be registered as British using form RS1. The Home Office may refuse. I think the key requirement is to show that she had to renounce British citizenship to become Belgian. The connection to the UK will be her being born there, and that makes her parentage irrelevant. Unfortunately, her resuming British citizenship would not make you British, or give you a right to apply for registration as British.

Marie75
Newly Registered
Posts: 2
Joined: Mon Mar 14, 2016 1:09 pm

Re: British Citizenship Eligibility

Post by Marie75 » Tue Mar 15, 2016 9:27 am

Dear Richard,

Many thanks for your quick and complete answer as well as your help !

My mother did formally renounce to her citizenship ( there's a court document giving her belgian nationality that states it) so I guess she must proceed with the RS1 form.

Is there no possibility at all, apart from my mum case, for me to register as a British Citizen or ask for my cas to be reviewed by the HO?

(My children are born in Belgium from a too Belgian dad, they don't have any other nationality so I guess they don't qualify at all unfortunately)

Many thanks again!

Best Regards

Marie

Richard W
- thin ice -
Posts: 1947
Joined: Wed Oct 17, 2012 4:25 am
Location: Stevenage
England

Re: British Citizenship Eligibility

Post by Richard W » Tue Mar 15, 2016 6:00 pm

Marie75 wrote:My mother did formally renounce to her citizenship ( there's a court document giving her belgian nationality that states it) so I guess she must proceed with the RS1 form.

Is there no possibility at all, apart from my mum case, for me to register as a British Citizen or ask for my cas to be reviewed by the HO?
As far as I am aware, your only way of becoming British is to naturalise. From what you have said, your only likely route is to settle on British territory. I suppose there's a small possibility that your mother's renunciation wasn't completed, or rather was reversed because she didn't notify the British authorities that she had become Belgian, but I think it unlikely. This would have happened in accordance with Section 2(1) of the British Nationality Act 1964.

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