ILR (for over 18) Through British Citizen Mother

[Chiligee]

'Heard' Information:
Have heard that persons with a british citizen mother can apply for ILR or Citizenship. Heard this is possible for persons born between 1963 and 1981.

Question:
Does the above clause exist? / What is the exact clause?

My Information:
Mother is british citizen but was overseas british citizen before - in Kenya.

I am currently on a work permit valid till Feb 2008, when I qualify to apply for ILR, through working in the UK for 5 years.

Proven case:
Heard that a person in india has managed to get ILR / citizenship through the above information, though I dont have any contact with this person to verify exact application method.

Any advice would be greatly appreciated.

[John]

Hi, have a read of the BN13 Guidance Notes. Those might help you work out if you qualify.

What was your mother's UK status at the time you were born?

[ppron747]

There is a provision for registration as a British citizen, but from what you say, you don't appear to to qualify.

The full details are in Guide UKM, which you can see here on the IND website, but to boil it down, you need to be in a position whereby you would have been a citizen of the UK & Colonies by descent, with the right of abode in UK, if women had been able pass British nationality to their children before 1983.

You've said that your mother was a British Overseas citizen before she became a British citizen. If this is the case, then she did not have the right of abode in UK when you were born, and so wouldn't have been able to transmit the right of abode to you, even if she had been able to transmit citizenship of the UK & Colonies.

Your best bet, IMO, is to go for naturalisation once you qualify - this will in any case give you British citizenship otherwise than by descent, which means that you'll be able to pass BC on to your children born outside UK. The UKM provision confers BC by descent - not so flexible.

If you can get hold of more detail about the "proven case" you cite, I'd be interested.

[Chiligee]

Many thanks for 'airing' your views so quick.

I found this clause specifically:

Mother -Automatic claim if born after 01 January 1983 and mother born, registered or naturalised in the UK. If mother is a British citizen not by birth but by registration or naturalization in the UK only children born after the effective date of her registration will be eligible.

Before the introduction of the British Nationality Act 1981 (effective 01 January 1983) a female born in the UK could not automatically pass on citizenship to her children.

On 7 Feb 1979 the government announced that a new Nationality Act would be introduced on 01 Jan 1983 allowing all children born on or after this date to claim citizenship automatically from a mother born in the UK.

However, the Act would not be retroactive and children born before the effective date would not benefit. In the meantime, a mother could apply for any child who was still a minor (under 18) to be registered as a British citizen at the discretion of the Secretary of State.

Many British women resident overseas were unaware of the announcement in 1979 and missed the opportunity to apply for citizenship on behalf of their minor children. Consequently, an amendment to the British Nationality Act 1981 has now been put into effect allowing all persons who would have been under 18 on the date of the announcement (7 Feb 1979) to register now.

All those born overseas to a British mother between 7 February 1961 and 31 December 1982 are now eligible to register as British citizens retroactively. See British Citizenship for forms and fees.

Those persons not born between the relevant dates cannot apply for registration. But, a commonwealth citizen with a mother born in the UK may have the right of abode and can apply for a Certificate of Entitlement allowing entry into the UK for work and residence purposes. Information can be found on the Immigration/Visa pages of this web-site.

[Chiligee]

John,

Mother had an overseas british citizenship at the time of my birth - Jan 1979.

From my previous reply post, i got the information from:

http://www.britishhighcommission.gov.uk ... 9171564665

Will read the guidelines as you posted.

Many thanks

[Chiligee]

Paul,

You have a very VALID point:

You've said that your mother was a British Overseas citizen before she became a British citizen. If this is the case, then she did not have the right of abode in UK when you were born, and so wouldn't have been able to transmit the right of abode to you, even if she had been able to transmit citizenship of the UK & Colonies.

In my case, Mother was an overseas citizen from the very beginning and did not have right of abode at the time, untill very recently when all overseas citizenships were phased off and handed full citizenships(right of aboard).

I was in the hope that Overseas Citizen holder would be able to pass down citizenship but this may not be the case after all then.

THANK YOU

[ppron747]

Cheers, Chiligee!

For the record, the paragraph on the BHC website that says:

All those born overseas to a British mother between 7 February 1961 and 31 December 1982 are now eligible to register as British citizens retroactively. See British Citizenship for forms and fees.

is a gross over-simplification of the true position.

The provision most certainly doesn't apply to "All those born overseas to a British mother between 7 February 1961 and 31 December 1982..." It applies to people born between those dates who:

• would have been citizens of the UK & Colonies [CUKC) by descent if women had been able to transmit citizenship at the time, and
• if they had been a CUKC by descent, they would have had the right of abode in UK