No ROA Stamp on my father's passport, Can I claim a British passport through him?

[Maheen Siddiqui]

Hi, my (late) father born in India, entered in the UK in 1962 and held old blue passports as a British subject between the years 1971-1991. Subsequently in 1992, he got his Maroon passport clearly stating him as a British Citizen.

The problem is that I cannot find the Right of Abode stamp in his non-UK passport. He started his own company in 1968 (registered on gov.uk), so showing a work permit or National Insurance Number wouldn't be enough to prove he had the right of abode in the UK? He lived there for over 50 years

I'm born outside the UK in 1994 and applying for a British passport thru him.

[JAJ]

When in 1962 did he arrive in the U.K.? The Commonwealth Immigrants Act 1962 came into force in (as I understand) July 1962, so immigration control operated quite differently before and after that date.

Certain persons from former British India did not become Indian or Pakistan citizens in the post-independence period 1950-51 and retained British subject status without citizenship. Your father's old British passports should make this status clear. What exactly do they say for Nationality Status. Is it British Subject-Citizen of the U.K. & Colonies or just British Subject.

Others may comment further but if he was a British subject without citizenship (and not a Citizen of the U.K. and Colonies) then he would have had to naturalise or register as a U.K/British citizen at some stage in order to have a British citizen passport.

[Maheen Siddiqui]

Hi,

I'm from Pakistan and applying for British passport thru my deceased father. My father was registered under section 6(1) of the BNA 1948 and received his BC Passport in 1992 from providing evidence of settlement (5yrs in the UK) before 1983. This gave him ROA under section 2(1) (C) of the immigration act 1971.

I was born in 1994, parents were married, he became full British in 1992

I have his BC Passport and his Certificate of Registration. am I still eligible, provided the fact that I have his certificate of Registration (migrated from Pakistan in 60s) and not Naturalization??

[vinny]

Yes.

His British passort didn't confer his British citizenship. I think his registration and Section 11 did.

[vinny]

Posts merged.

[Maheen Siddiqui]

Yes.

His British passort didn't confer his British citizenship. I think his registration and Section 11 did.

Hi, thanks so much for replying. Can you please clarify a bit more?

I'm still confused with these laws. But if he wasn't British, then how come he was allowed to work and live in the UK? His company is registered and being run by his sons. I do not have any ROA document. I do not know his exact arrival date/year but he came between 1960-62 thru a ship. I only know his NI number, have his old British Subject CUKC passports and this Maroon passport stating him BC. He also had Pakistani passport issued in 1987.

Looking forward to your answer, pls do reply

[CR001]

Please do click on and read the links that vinny has provided, they explain what he is saying.

Yes (click).

His British passort didn't (click) confer his British citizenship. I think his registration (click) and Section 11 (click) did.