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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7503
Experience:  BA (Hons), PgDip, Practising Solicitor
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I was born in Australia in 1987, Read m

Customer Question

Hi! I was born in Australia in 1987, my father was born in Kenya in 1951 and holds a current UK passport. His mother was born in UK in1922. My mother was born in Rhodesia in1952 also holding a current UK passport. Her mother was born in UK in 1913. All parties were married before corresponding pregnancies.im hoping this makes me eligible for a British passport? Also does a rejected application damage future applications? Is there any waiting periods I should be aware of?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi
Thanks for your patience.
Do both of your parents hold uk passports? Ie not british subject passports?
Kind regards
Tom
Customer: replied 1 year ago.
They both hold UK passports. I'm looking at them now, I can't seem to tell if they are British subject passports etc but in passport type it has the letter P and code it says GBR.
Expert:  Thomas replied 1 year ago.
Hi
Thanks for your patience.
If the passports are red and not black and do not refer to being a "british subject", with the codes GBR and P then they are full UK citizens.
Howver, in both cases your parents would have received their citizenship by descent from their parents, unless your grandparenst were in crown services (ie working for the UK government) at the time of giving birth to your parents outside the UK.
This means that thye could not automatically pass on their citizenship to you.
The only way that they could have passed on their citizenship to you is if they applied to register you as a UK citizen under s3(2) of the British Nationality Act 1981:-
http://www.legislation.gov.uk/ukpga/1981/61
However, even if you were eligible for registration under this section and application would have to have been made before you became an adult at 18 years of age. If this was not done - and it does not sounds as if your parents did - then you cannot now register as a UK citizen.
I am sorry.
However, since your grandparents were born in the UK and you are a commonwealth (austrailian I presume) citizen you can apply for an Ancestry Visa (https://www.gov.uk/ancestry-visa/overview) in order to come to the uk and work. After 5 years you can apply for "indefinite leave to remain" and thereafter naturalisation as a uk citizen if you wish (https://www.gov.uk/becoming-a-british-citizen/check-if-you-can-apply)
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 1 year ago.
Hi, you made reference to s3 (2) of the 1981 Act, what about Sec 2 (1) 1981 sec 14 (ii)?
I understood that my parents got their UK passports in their own right considering Kenya and Rhodesia were British Colonies at that time.
Expert:  Thomas replied 1 year ago.
Hi
I will be able to answer at 10am
Kind regards
Tom
Customer: replied 1 year ago.

great thanks

Expert:  Thomas replied 1 year ago.
Hi
The British Nationality act does not apply to your parents in this way, because they were born before commencement of the Act
This means that the primary source of your parent's UK citizenship was "by descent" prior to the act.
Because you were born after commencement of the act, your citizenship is determined by it and the only way that you would have tbeen eligible is by registration when you were a minor. If this did not happen then you are not a UK citizen and cannot now register as such.
Should you wish to come to the UK to work and ultimately apply for citizenship after 5 years residence/ILR then an ancestry visa is the most viable option
I am sorry.
Tom
Customer: replied 1 year ago.
I just been on the phone to the UK.gov helpline and they say that my parents are British by birth since on their passports it has 'British Citizen' for nationality.
Thus making me British by descent.
Thank you for your effort but I would like a refund of my deposit since the information you supplied was incorrect.
Expert:  Thomas replied 1 year ago.
Hi,
Fine.
Tom

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