British citizen by descent

[lidreamer]

Hi All:

This forum was recommended to me by an American that went through the process of naturaliztion in the UK. I am trying to find information, based on my circumstances if I am eligible for British citizenship and if I am, what applications/paperwork I would need to complete. I would like to be be able to get a British passport with the benefits of working and living there. I am hoping that I can get some advice from the forum.

Here are my details-

Me:
Born in Saint Kitts in 1961. Moved to US in 1966. Currently hold US passport and Saint Kitts passport.

My Mother-
Born in England- Stayed till age 19. married my father in Saint Kitts (Saint Christopher in Caribbean). Divorced in about 1964 then moved to the United States. Visited England once but never moved back. Became US citizen in approx. 1980. As far as I know she did not denounce her British Citizenship.

Father-
Born in Saint Kitts.

My Gandmother:
Born in England.

From my research I believe my application will be pretty straight forward as I believe that I am entitled “British Citizenship by decent” since my Mother was born in London.  My grandmother was also born in London.  If that is the case:

1) would I have to go through the registration process? (Guide UKM Registration as a British citizen – A guide for certain persons born before 1983 to British mothers)
2) or would I just have to fill out the paperwork to get a passport?
3) Would my children be entitled to British citizenship as well by double descendent or anything else (they were born in the US- all over 18)?

Am I missing any pertinent details. Thank you for reading this!

[CR001]

1) would I have to go through the registration process? (Guide UKM Registration as a British citizen – A guide for certain persons born before 1983 to British mothers)

You only have the option of registering on the UKM form. Alternatively, you would also qualify for a UK Ancestry visa as your grandmother was British born and you are from or were born in a commonwealth country.

2) or would I just have to fill out the paperwork to get a passport?

No, only a British citizen can apply for a British passport. You are not a British citizen yet.

3) Would my children be entitled to British citizenship as well by double descendent or anything else (they were born in the US- all over 18)?

No, you would not be able to apply for citizenship for your children. British Citizenship by descent only extends one generation down. There would have been away if they were younger than 18. Do they have St Kitts nationality or only US??

[lidreamer]

Thanks CR001! That was a quick response.

I would like to take advantage of a "Nationality checking service". Would I be able to engage one of them from the US? If not, are there any other options for getting the application checked before sending out?

You only have the option of registering on the UKM form. Alternatively, you would also qualify for a UK Ancestry visa as your grandmother was British born and you are from or were born in a commonwealth country.

Excellent. That confirms what I was thinking based on my research. I think I will follow through with the UKM form since it seems more permanent. Does my case seem pretty straightforward? Do you see any pitfalls or potential questions or shades in the various laws, (assuming my information is correct) that would prevent me from getting citizenship?

No, you would not be able to apply for citizenship for your children. British Citizenship by descent only extends one generation down. There would have been away if they were younger than 18. Do they have St Kitts nationality or only US??

My kids have citizenship in the US and Saint Kitts.

[CR001]

I would like to take advantage of a "Nationality checking service". Would I be able to engage one of them from the US? If not, are there any other options for getting the application checked before sending out?

NCS is only available for applications in the UK and if I am not mistaken, UKM is not one that they do. So postal option only. You are free to post your questions here for advice. You need to make sure that you have ALL the documents the form and guidance asks for.

Excellent. That confirms what I was thinking based on my research. I think I will follow through with the UKM form since it seems more permanent. Does my case seem pretty straightforward? Do you see any pitfalls or potential questions or shades in the various laws, (assuming my information is correct) that would prevent me from getting citizenship?

It isn't a case of straightforward or complex. For UKM, you either qualify or you don't. You need a British born mother and all the supporting documents. It only costs £80 for this application, which is only the ceremony fee. Whereas a normal naturalisation (like I and many of us do, costs £1236)

My kids have citizenship in the US and Saint Kitts.

Your children can then apply for a UK Ancestry visa based on their UK born grandmother (your mom) using the St Kitts nationality. This will allow them to live and work for 5 years in the UK after which they can apply for indefinite leave to remain and then 12 months after this apply for British citizenship.

[lidreamer]

Thank you Char! for the quick and detailed responses. I will begin the process and post any questions along the way.

[CR001]

You're welcome. Continue any questions in this topic as you go along.

If you have an UK Ancestry visa questions for your kids, please post these in the 'Immigration for Family' sub forum, link below.

http://www.immigrationboards.com/immigr ... y-members/

[lidreamer]

Starting to go through the UKM application after reading the UKM guide.

I am a little confused about the Biometric enrolment stuff.

The UKM guide states that "You must complete the biometric enrolment section of theapplication form. You will then be issued with an enrolment letter, instructing you to makean appointment at a designated Post Office to have your biometric details recorded.You will be charged an additional handling fee for this service, payable to the Post Office Ltd. You must pay the fee by cash or debit card when you attend your biometric
enrolment appointment."

Do I have to go over to England to get this done or is there something else that I can do?

[CR001]

Do I have to go over to England to get this done or is there something else that I can do?

There are specific UKVI approved places to have your biometrics (fingerprints and photo) enrolled in the US. The letter, when you get it, will explain the process.

See link below for additional information. It also contains a link to 'long waiting etc' which is mostly for applicants from the US (waiting time has become quicker though).

http://www.immigrationboards.com/britis ... 22210.html

[physicskate]

I last heard of someone applying via UKM from the USA sometime last year. At the time, there were no facilities in the USA to give biometrics for registration via UKM (which is RIDICULOUS as there are loads of UCSIS centres all over America...). I've heard of a couple people who went to Canada and one or two flew to the UK to give their fingerprints!

It might be an idea to check and see if applying in St Kitts would prove less problematic.

Have not heard any updates about these applications from the USA for at least 6 months, so not sure this is still a problem.

[a_powers]

They got the whole USA biometric thing worked out. You get an email to go to your nearest UCSIS center for picture and fingerprints. No more going to Canada!

[lidreamer]

Amazing Char. Thank you!

[physicskate]

They got the whole USA biometric thing worked out. You get an email to go to your nearest UCSIS center for picture and fingerprints. No more going to Canada!

That's good to hear - and thanks for the update!

[orojim]

Just to confirm: I have a UKM application pending and the USA biometrics process (mid-October 2016) was very convenient.

UKVI sent an email asking where in the USA I would like to give the biometric info. The mail included a link to the list of USCIS offices. I was instructed to choose one and relay that choice back to UKVI along with requested times. UKVI then made the appointment for me and emailed a bar-coded letter for me to present at the USCIS office.

My email exchange with UKVI took less than 48 hours. The appointment was made for ten days after that, a day that was my first choice. The appointment itself took about 15 minutes.

[MrSlyFox]

Hello,
Sorry to interrupt but from my understanding you should already be a British Citizen.

My logic is:
Before British Citizenship (as it is known today) people were Citizens of the United Kingdom and Colonies (CUKC). Now in 1983 when the British Nationality act came into existence people from colonies (Such as St. Kitts) became British Dependent territories citizens however if they held Right of Abode (i.e. from a parents birth in the UK) they also became British Citizens. When St Kitts became independent they lost British Dependent Territories citizenship but maintained British Citizenship if held.


British Nationality act 1981: Acquisition at commencement
11. Citizens of U.K. and Colonies who are to become British citizens at commencement.
(1)Subject to subsection (2), a person who immediately before commencement—
(a)was a citizen of the United Kingdom and Colonies; and
(b)had the right of abode in the United Kingdom under the M1Immigration Act 1971 as then in force.


See Section: 6.8:
https://www.gov.uk/government/uploads/s ... ndence.pdf


Which would mean you could just apply for a Passport (should only take six weeks at most) and save six months waiting for Registration as a British Citizen plus the Fees for the ceremony & biometrics

[physicskate]

Birth abroad to a British mother abroad before 1983 requires Registration... If the father was British, you would automatically be British by decent. Crazy.

https://www.gov.uk/register-british-cit ... ish-mother

[MrSlyFox]

Birth abroad to a British mother abroad before 1983 requires Registration... If the father was British, you would automatically be British by decent. Crazy.

https://www.gov.uk/register-british-cit ... ish-mother

Yes normally, However as the OP was a CUKC having Right of abode I do think he is already a British Citizen. Hence the guide for registration isn't for those already British Citizens (UKM). Most people would have to register I just think this is a rarity.

Even the Right of abode guidance states the same on page 4. the second dot point under "People who became British Citizens on 1st January 1983"

https://www.gov.uk/government/uploads/s ... t_2016.pdf