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Stuart J
Stuart J, Solicitor
Category: UK Immigration Law
Satisfied Customers: 22401
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I am 1948 born in Aden and I have a Aden Colony Birtish

Customer Question

Hello I am 1948 born in Aden and I have a Aden Colony Birtish Passport which expired and due to that time situation not renew, I want to renew the passport and get full UK citizenship, and do the same to my sons, so what is possible for it.
Submitted: 8 months ago.
Category: UK Immigration Law
Customer: replied 8 months ago.
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Expert:  Stuart J replied 8 months ago.

Good evening. Thank you for the question. It is my pleasure to assist you with this today.

This is the second time this questions cropped up in the last week.

If you are living in Yemen in 1968, shortly following independence then I’m afraid that you lost your British citizenship when the colony was granted independence. It wasn’t a case of not applying for it, you lost it automatically.

If you were however at that stage living in another colony which is still a British colony, then you may be able to get a British passport.

Of course if it’s not possible for you to do it, then it would not be possible for your sons either.

This question is not at all uncommon.

I am sorry, I appreciate that this is not the answer you wanted but nonetheless, does it answer the question? Can I answer any specific points arising from this?

Please do not forget to rate my answer service positively so that I get credit from my time today. You will get the impression the thread closes but it does not, it does remain open if you want to follow any points. Thank you. Kind regards

Customer: replied 8 months ago.
but I have not hold a Yemeni Nationality till date and I have an official Letter from the Ministry of Interior Affairs, Immigration Department that I have never hold a Yemeni Passport nor A Yemeni Nationality till date, which I can send it to you to see that and it can be legalized by the ministry of foreign affairs if needed and can help me for my request
Expert:  Stuart J replied 8 months ago.

I’m afraid that it doesn’t matter that you have never held a Yemeni passport, if you are resident in Yemeni born in Yemeni, then you automatically become a Yemeni national as far as the British are concerned. It is not a case of you not accepting yet Yemeni nationality it is a case that you lost British nationality so it doesn’t matter whether the Ministry of interior affairs or immigration Department say that you are Yemeni or not. You are not British and have not been since independence..

If you want British nationality afraid that you’re going to have to apply for a visa on one of the usual grounds and live in the country and then ultimately apply for indefinite leave to remain. There is no way of just getting a British passport the way you are looking to do it. I’m sorry, I know it’s not the answer you wanted but it really is that simple (or difficult as the case may be)

Customer: replied 8 months ago.
I am thankful for your answer, but sir as I born in 1948 where the British was ruling here and I have a UK passport which expired and I never held nor Yemeni Passport nor Yemeni Residence, so how I become Yemeni even that I am not even Yemeni origin, as I am Indian Origin and my Father also held a Indian Empire UK Passport and I wish if you can see the attached files, so I do not think, that I considered Yemeni if I never applied for Yemeni Residence and my passport not canceled till date.Kindly I request you to have a look for the documents and waiting for your reply.
Expert:  Stuart J replied 8 months ago.

I have just found something which may help you but I want to do a bit more research. Give me about half an hour please.

Customer: replied 8 months ago.
Sir take your full time as I am waited all this period because the UK embassy in Yemen gave us negative reply and hope here, whereas others having less then my documents obtained the Passport and traveled to UK since 1999, so if you can give me a hope that will be too great for me.Thanks a lot and waiting
Expert:  Stuart J replied 8 months ago.

After doing a lot of research (I have spent over an hour on this) I have come to the conclusion that it’s a possibility. It’s a slim possibility but nonetheless a possibility. However if you’ve been already told by the British Embassy in Yemen I don’t think it’s looking good but, you will get a definitive answer if you telephone the number at the bottom of this thread which I have posted below.

You could be eligible for British citizenship if you were:

· Born to a parent who was born in the UK before 1983.

· Born before 1983 to a parent who was born after 1949 – as long as that parent a) was a British Citizen, or b) had a parent born in the UK.

· Born after 1948, and your parents were married before 1949 and your paternal grandfather was born in the UK.

And you have not got Yemeni citizenship and you have the documentation that you do have that confirms that.

Those born in the Aden Colony would have held Citizen of the United Kingdom and Colonies (CUKC) status. This status would have been lost if the new Yemen constitution granted nationality. If not As in your case) , then British Overseas Citizen (BOC) status would have been achieved and, in some cases, this can be upgraded to full British Nationality.

Ordinarily, you could have made an application online here and have the matter decided by the Passport Agency. However, presumably because of the recommendation that no one travels to Yemen at the moment and any political unrest, you cannot currently apply online. I don’t know why that is other than as I have said.

Http://www.fco.gov.uk/en/travel-and-living-abroad/passports1/passports-a-to-z/b-topics/blue-passport

You can contact the UK Visa and Immigration who will give you a definitive answer which I think is going to be more accurate than the British Embassy in Yemen although I doubt very much that the British Embassy in Yemen have not had this question before and don’t know the answer but, it does depend who you spoken to.

You will get the definitive answer here.

*****@******.***
Telephone: 0300(###) ###-####
Monday to Thursday, 9am to 5pm
Friday, 9am to 4:30pm

I am offline now until tomorrow. Please dont forget to use the rating service so that I get credit for my time. The thread does stay open, even after rating

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