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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
Satisfied Customers: 13325
Experience:  Solicitor
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I am a Pakistani citizen (male) currently living in Manila

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I am a Pakistani citizen (male) currently living in Manila on a work visa. I am 38 years old, married and have two children aged 8 and 5. My mother, who passed away in 2009, was born in 1944 in Kenya and as a result was a British Subject/citizen. She was issued a British passport which remained valid until around 1975. She got married to my father ( a Pakistan citizen until today) around 1964 and this change in marital status was accordingly reflected in her passport. However, none of the children names were registered. I want to ask if the above situation can be of any help to me in seeking British immigration/citizenship.
Thank you for your question. Based upon what you say, your mother would have been a british subject as was every commonwealth and colony citizen at that time. She might also have been a citizen of the UK and Colonies However she would not have retained British Citizenship when the law was changed under the 1981 Nationality Act which gave British Citizenship only to persons who were then UK citizens and had the right of abode in the UK. That would not have applied to your mother if she had acquired Kenyan Citizenship by that time and even if she had not unless she had become resident in the UK.

Even if your mother had remained a British Citizen you could not acquire citizenship unless you were born here as citizenship by descent cannot pass more than one generation and she was not born here.

The fact that you have ancestry who were/are British Subject does not really give you any additional rights unless your parents or grandparents were born here.
Customer: replied 4 years ago.

Thanks. Can you please refer me to the relevant provisions in the UK Immigration law for my record.

The relevant provisions are contained in the Nationality Act 1981 s11 specifies who will have British Citizenship

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