How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Awan-Legal Your Own Question
Awan-Legal
Awan-Legal, Solicitor
Category: UK Immigration Law
Satisfied Customers: 128
Experience:  Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
60469748
Type Your UK Immigration Law Question Here...
Awan-Legal is online now
A new question is answered every 9 seconds

i was born in kenya, 1961, before independence, to british

Customer Question

i was born in kenya, 1961, before independence, to british parents at the time of my birth. I have my birth certificate to verify that, but, i keep getting told that i needed to have been 'registered' when i was born. Is a birth certificate a form of registration?And am i entitled to British Right of Abode, as i have a Kenyan Passport.
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Awan-Legal replied 5 years ago.

Awan-Legal : Hi
Awan-Legal : Did your parents have British passports at the time of your birth? Did you send these to the home office?
Awan-Legal : You may be eligible to register as a British citizen if:you were born before 1 January 1983; andyou would have become a citizen of the United Kingdom and Colonies by descent if women had been able to pass this citizenship on to their children in the same way as men at the time of your birth; andyou would have had the right of abode in the UK and have become a British citizen on 1 January 1983, if you had become a citizen of the United Kingdom and Colonies; andyou are of good character.It is important that you meet all of these requirements. You cannot register using form UKM unless you would automatically have become a British citizen on January 1983 if women had been able to pass citizenship on before that date. Many applications using form UKM fail because the applicant meets requirement 2 but not requirement 3.
Awan-Legal : Therefore as long as your mother was British at this date, you should be eligible to apply.
Awan-Legal : The fee is £80.
Awan-Legal : The second requirement basically dictates that your mother must have been born, registered or naturalized in the UK when you were born.
Awan-Legal : You will meet he third requirement if your mother was also a citizen of the CUKC (citizen of the uk and colonies) at the time of your birth by birth or registration/naturalisation.
Awan-Legal : If your mother was not a CUKC at the time of your birth, then you will still qualify under the third requirement if one of your grandparents were CUKCs by birth, registration or naturalisation at the date of your ''mother's" birth.
Awan-Legal : CUKC means a British subject in relation to a time before 1 January 1949.
Awan-Legal : Every person who, having been born in Kenya, is on 11th December. 1963 a citizen of the United Kingdom and Colonies or a British protected person shall become a citizen of Kenya on 12th December, 1963:Provided that a person shall not become a citizen of Kenya by virtue of this subsection if neither of his parents was born in Kenya.Every person who, having been born outside Kenya. is on 11th December, 1963 a citizen of the United Kingdom and Colonies or a British protected person shall, if his father becomes, or would but for his death have become, a citizen of Kenya by virtue of subsection (1). become a citizen of Kenya on 12th December. 1963.95. Commonwealth citizens
Awan-Legal : I hope that helps. Please click accept on my answer, thank you.
Awan-Legal : Ps that means you did not have to be registered as a British citizen by descent (through your parents status) if you meet the above requirements.
JACUSTOMER-efyld037- :

i meant at the time of my birth, my mother was a British overseas citizen, she has since naturalized. My father took the automatic kenyan citizenship, and obviously i had no choice to understand what was required at that time, and have been trying to get some light on this since 2000. And yes all passports were submited to the homeoffice with the applications.

Awan-Legal : As your mother was a British Overseas citizen and had CUKC, given that you were born in a British protectorate as Kenya became a British protectorate in 1890 and crown colony in 1920. It achieved independence in 1963
Awan-Legal : If your mother was born before 1/1/49 she would have been a British subject then. On 1/1/49 she would have additionally become a CUKC. Or if she was born after that, she would have been both from birth. Therefore, as she was a CUKC and a British subject at the date of your birth, whereby you were born before Kenya became independent you will qualify to apply on Form UKM without having to be registered as a CUKC whilst you were a minor.
Awan-Legal : British Overseas Citizen: it is for people who were born in a place that was part of the United Kingdom but they did not become citizens of that independent country, they were given this status because they do not have enough ties with the UK, and do not have the right of abode in the UK (e.g. Kenya)
Awan-Legal : She is therefore a British subject as above.
Awan-Legal : You can rely on the Following link to explain how you qualify to the home office:
Awan-Legal : http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/nationality/guide_ukm.pdf
Awan-Legal : You meet the NOTES A a and b as outlined above, as well as B (i) as your mother was a CUKC by birth at the date of your birth as above.
Awan-Legal : If you prefer, you could get an OISC representative or solicitor to assist you with the application and a legal letter to the Ukba explaining how you meet the requirements above. Alternatively, you can use the above information to explain how you meet the requirements.
Awan-Legal : Best of luck and please click accept on my answer, thank you.

Related UK Immigration Law Questions