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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
Satisfied Customers: 13325
Experience:  Solicitor
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My father was born in Quebec in 1914. When my sister was born

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My father was born in Quebec in 1914. When my sister was born in the US in 1941 he was still a British subject. Is my sister eligible to claim British Citizenship (apply for a UK Passport) by being British by decent? Also, I was born in 1944 in the US and by this time my father had been naturalized a US citizen. Would I too be able to apply for a British Passport? Our mother was a native born American. Thanks.

Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 6 years ago.
I assume your father was a canadian citizen even though he was british subject? Can you confirm?
Customer: replied 6 years ago.
My father left Canada when he was 10 years old and lived in the US. His citizenship was never really defined, however on his American naturalization papers dated April 16, 1942 it states "former nationality - Great Britain". Nothing is noted as to where he was born, just the fact that he was a national of 'Great Britain'. I do have a certified copy of his birth certificate that he was born in Trois Riviers, Quebec. His parents had been born in Sweden and emigrated to Canada 5 years before he was born.
Expert:  Senior Partner replied 6 years ago.
thanks for the additional information. I have done some research into this and I am afraid I do not think either you or your sister have any rights. Your father was a British Subject because he was born in a commonwealth country but he was not a UK Citizen. In 1948 when British Nationality Law changed he would have been entitled to become a Canadian Citizen and remain british subject but by that stag presumably he had already become a US citizen. there is a theoretical possibility that he might have remained a british subject as a stateless person if he failed to take commonwealth citizenship but any rights had would have been lost in 1983 when the Next nationality act was passed as you lose the rights of a british subject if you take another nationality. Additionally even if he could have passed the status of British subject to you or your sister you would have lost any rights under the 1983 as you acquired other citizenship.

Finally for what it is worth even if you were a british subject you could only apply to register as a citizen if you have lived here for 5 years which is pretty much the same as anyone else who can apply for naturalisation after that period.
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