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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11510
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I would like to know if I am eligible for a British Passport

Resolved Question:

I would like to know if I am eligible for a British Passport with right of abode and access to the EEC.

Here are the facts. I am American (Born before 1983) My mother was born in Bermuda and holds a current British Overseas Territory passport. Previously, she held the old style dark blue British Passport (now expired) where she was labeled "British Subject: Citizen of the United Kingdom and Colonies". I am actually listed in her old passport as was done at the time for children. There is no mention of any restrictions in either of my mother's passports re right of abode.
If I am eligible please let me know the
following:
1)which type of passport/citizenship I should apply for
and
2) if my mother should wish to emigrate to the UK does she require any other type of British passport.
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  INC replied 2 years ago.

INC :

Please remember to RATE my answer by using the smiley faces OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE. If you seek clarification please ask.

INC :

Hi, British Nationality law is very complex and it is difficult to provide you with a definitive answer based on the information you have provided, however, I can provide you with some general guidance.

INC :

As your mother was born outside the United Kingdom before 1 January 1983, she became a British citizen if, immediately before that date, she was a citizen of the United Kingdom and Colonies and had the right of abode in the United Kingdom.

INC :

She may have attained citizenship of the United Kingdom and Colonies by descent from her father who had that citizenship, or because you was registered or naturalised as a citizen of the United Kingdom and Colonies.

INC :

If you mother has a passport issued before 1 January 1983 that describes her as a citizen of the United Kingdom and Colonies on page 1, she will almost certainly have become a British citizen on 1 January 1983 as long as page 5 says the 'Holder has the right of abode in the United Kingdom'.

INC :

Therefore, this would mean that your mother is a British Citizen and she would be entitled to come to the UK and settle.

INC :

With regard to your situation, what Nationality do you currently hold?

INC :

Have you ever had your own passport whilst younger?

INC :

Based on the information you have provided, you may have become a British Citizen at the time of your birth, as you were born before 1983; and; if your mother became a Citizen of the UK and its colonies.

INC :

If not, you may have the right of abode, if you were registered under the British Nationality Act (No. 2) 1964.

INC :

Right of abode does not mean you are a UK Citizen, unless you complete a period of 5 years residence in the UK.

INC :

I hope this hellps. If so, kindly click ACCEPT.

INC :

If I can assist further, please feel free to ask further questions.

INC :

Kind regards,

Customer:

Thank you for your reply. With respect to your questions, my mother obtained citizenship of the UK and colonies by birth (in Bermuda) to parents who were also citizens of the UK and colonies. Her old blue expired passport does not make any reference to right of abode (or lack thereof) and neither does her current British Overseas Territory Passport make any such reference. I have US citizenship and Bermuda Status (confirmed w certificate) by virtue of my mother. I did not hold a British Passport as a child. However, I was listed (Name, date of birth and sex) in my mother's old blue passport. Based on the information I have provided 1) Is my mother eligible to apply for a British Citizen passport, using her old blue passport as evidence of citizenship, 2) Am I eligible to apply for a British Passport and 3) If so, would I have to wait for my mother's status to be confirmed prior to applying. Thank you very much for your assistance.

INC :

Hi, In response to your questions: 1. I am of the opinion that your Mother may be a UK Citizen and therefore entitled to live in the UK. 2. You may be able to apply for Citizenship if you were registered but you should wait until you have first confirmed your mothers status.

INC :

I hope this helps. If so, kindly click ACCEPT.






If I can assist further, please feel free to ask further questions.







Kind regards,



INC, Solicitor-Advocate
Satisfied Customers: 11510
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
INC and 2 other UK Immigration Law Specialists are ready to help you

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LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)