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British citizenship - father renounced citizenship

Posted: Thu Jan 23, 2020 11:20 am
by redindian
Hello all

Would you good to get your thoughts on my below stated circumstance:

Until 1983, my father (now deceased) had a British Passport with "British Subject: Citizen of the United Kingdom and Colonies". However, in 1983 my father became "British Overseas Citizen". And further in 1987 there is a note in his British Passport "The Holder ceased to be a British Overseas Citizen by declaration of renunciation ..."

I was born in 1974 outside of UK and am an Australian Citizen, however interested in gaining British Citizenship. My father was married to my mother when I was born. And he was given British citizenship after applying for it in his own right, and not based on having a British parent.

Do above conditions qualify me for an automation citizenship under these rules .. https://www.gov.uk/apply-citizenship-br ... efore-1983, even though my father had renounced the citizenship in 1987?

Many thanks for your thoughts.

Qualify for an automatic British citizenship

Posted: Mon Jan 27, 2020 7:14 am
by redindian
Hello all,

Greatly appreciate if anyone can please shed some light.

My father (now deceased) was born in Aden Colony in 1938. He held a British Passport with "British Subject: Citizen of UK and Colonies". In 1983 that changed to "British Overseas Citizen". In 1987 is renounced his BOC and took up Indian Citizenship. I was born in 1974 in India and my father and mother were married at the time. Am I automatically a British Citizen?

I am wondering if I qualify for an automatic British citizenship as per https://www.gov.uk/apply-citizenship-br ... efore-1983?

Many thanks in advance!

Re: Qualify for an automatic British citizenship

Posted: Mon Jan 27, 2020 11:56 am
by secret.simon
redindian wrote:
Mon Jan 27, 2020 7:14 am
My father (now deceased) was born in Aden Colony in 1938. He held a British Passport with "British Subject: Citizen of UK and Colonies". In 1983 that changed to "British Overseas Citizen". In 1987 is renounced his BOC and took up Indian Citizenship. I was born in 1974 in India and my father and mother were married at the time. Am I automatically a British Citizen?
No.

As you mentioned above, your father was a CUKC (Citizen of the UK and Colonies)-by birth in Aden-till 1983. In 1983, the laws on nationality and citizenship were changed, so that only the CUKCs that were born in or who had parents or grandparents born in the UK became British citizens, while all other CUKCs became British Overseas Citizens.

You would have been a CUKC yourself by descent at birth as your father was a CUKC by birth in Aden. Assuming that you do not have a parent or grandparent born in the UK, you would also have become a British Overseas Citizen (BOC) in 1983 and you can apply for a BOC passport.

However, be aware that BOCs do not have the Right of Abode (the right to live and work in the UK) in the UK and require a visa or leave to enter and live in the UK, just like any other Commonwealth citizen.

Also keep in mind that BOC citizenship cannot be inherited and so any children born to you after 1983 will not be BOCs.

Re: Qualify for an automatic British citizenship

Posted: Mon Jan 27, 2020 9:30 pm
by redindian
Many thanks for your response Secret Simon.

I had an Indian Citizenship within a few years of my birth - I reckon I had an Indian passport by 1984. Can I still apply or a BOC? Thanks again.

Re: Qualify for an automatic British citizenship

Posted: Wed Jan 29, 2020 1:59 pm
by secret.simon
redindian wrote:
Mon Jan 27, 2020 9:30 pm
Many thanks for your response Secret Simon.

I had an Indian Citizenship within a few years of my birth - I reckon I had an Indian passport by 1984. Can I still apply or a BOC? Thanks again.
I believe that you should be fine in applying for a BOC passport, as you were born before 1983 to a CUKC parent. You will need your birth certificate, your father’s birth certificate from Aden and your parents’ marriage certificate.

Again, as mentioned above, you will not be able to use that passport to live and reside in the UK.