Get UK Law Questions Answered by Verified Experts
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
Did you father register as a UK citizen?
Are you in the UK, if so for how long have you been in the UK?
Thanks for your questions.
Right. I'm afraid that I cannot see that you are eligible for UK citizenship. If you father did not register himself as a UK citizen during his lifetime then he cannot now pass that on to you by descent, he would have been able to claim himself as being a British Subject initially and then as a UK citizen after 5 years.
As you say you are not eligible to apply for ILR/naturalisation because of the 5 year threshold and the fact that your period of residency in the UK has now ceased and your mother does not hold UK citizenship which you can avail yourself of.
Sorry it could not be better news. You will have to apply as a Irish citizen, I would consider instructing a Canadian attorney to advise you in the preparation of your application and possibly to actually prepare the application on your behalf.
If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions. Kind regards,Tom
You mother would be entitled to be registered as a UK citizen and hold a UK passport because she is british by birth (otherwise than by descent)
The historic rules, sorry to say, were not very favourable towards women. She would have been entitled to regsiter herself as a UK citizen on the basis of being born in the UK/. However, women before the British Nationality Act 1981 could not pass their citizenship on in the same way men could.
A concession was made in the BNA 1981 in this regard for persons born to British Mother but this is only available to those persons having a right of above (which is linked primarily to being a commonwealth country) but this is not available to you because Ireland is not a commonwealth country.
In my experience there is little difference on the Canadain immigration authority's treatment of Irish citizens compared to UK citizens. It's more important that you come from either an English or French speaking country.
Thanks for your accept and very kind bonus.