Immigrationboards.com

Before I send in a C1 application, I thought I’d post here and see if I’d be wasting the $200+ dollars to apply.

I was born in Canada post-1983, and my father currently holds a British passport that states “British Citizenâ€

A lot of questions.

1. Where in Kenya was your father born? The Colony or the Protectorate?

2. Where were your father's parents and grandparents born?

Here are some pointers:

- If your father was a British protected person at birth, and got a CUKC passport in Uganda, then assuming neither passport was issued by mistake he must have been naturalised as a CUKC in either Kenya Uganda.

- If your father became a British citizen, there must have been some record of how this occurred on your passport file. Between 1962 and 1968 those holding CUKC passports issued by High Commissions were exempt from immigration control. So if if your father migrated to the United Kingdom before 1968 and lived in the UK for 5 years, he would have got Right of Abode sometime before 1983 and as a CUKC + ROA would have become a British citizen on 1.1.83. (however whether he became a BC by descent or otherwise depends on ancestral links to the UK).

JAJ wrote:A lot of questions.

1. Where in Kenya was your father born? The Colony or the Protectorate?

2. Where were your father's parents and grandparents born?

Here are some pointers:

- If your father was a British protected person at birth, and got a CUKC passport in Uganda, then assuming neither passport was issued by mistake he must have been naturalised as a CUKC in either Kenya Uganda.

- If your father became a British citizen, there must have been some record of how this occurred on your passport file. Between 1962 and 1968 those holding CUKC passports issued by High Commissions were exempt from immigration control. So if if your father migrated to the United Kingdom before 1968 and lived in the UK for 5 years, he would have got Right of Abode sometime before 1983 and as a CUKC + ROA would have become a British citizen on 1.1.83. (however whether he became a BC by descent or otherwise depends on ancestral links to the UK).

Thanks for your help, JAJ.

He was born in Eldoret, which I believe was part of the Colony; He landed in London in 1966 and was there until 1975, and went back a few times after that for shorter periods. His parents/grandparents were born in India, and both parents also were CUKC's (I believe at the time of his birth).

Based on what you're saying, he was naturalized as a CUKC but not as a British Citizen... which would mean he became a citizen by descent... If I'm understanding all of this correctly?

torontoguy26 wrote: He was born in Eldoret, which I believe was part of the Colony; He landed in London in 1966 and was there until 1975, and went back a few times after that for shorter periods. His parents/grandparents were born in India, and both parents also were CUKC's (I believe at the time of his birth).

Based on what you're saying, he was naturalized as a CUKC but not as a British Citizen... which would mean he became a citizen by descent... If I'm understanding all of this correctly?

Eldoret was definitely part of the Colony (Mombasa and the coastal strip were the Protectorate) so he was a CUKC by birth. He couldn't have been naturalised as a CUKC in Kenya before independence because he already was one.

So I have no idea why his birth certificate would say British protected person if he was born in the Colony.

Anyway, it seems he was a CUKC by birth and if neither parent was born in Kenya he didn't become a Kenya citizen at independence so he kept CUKC.

Then he arrived in London in 1966 on his CUKC passport (he arrived two years before immigration control was imposed on CUKCs in his category) and then when the Immigration Act 1971 came into force in 1.1.73 he got Right of Abode based on his settlement (with permanent permission to remain) for 5+ years in the UK.

When he left the UK in 1975, he lost neither his CUKC status nor his Right of Abode.

Accordingly he became a British citizen on 1.1.1983, explained by his BC passport.

So then the question is was he a British citizen by descent or otherwise. Clearly he was a CUKC by birth, which is the first check. Then, his sole basis for ROA was his 5 years in the UK before 1983 - so he became a British citizen otherwise than by descent.

This is important, because if he had had a UK born parent or grandparent, his ROA claim would have been based partially on UK descent, and then he would have become a British citizen by descent on 1.1.1983.

So the documentation needed to prove your claim to British citizenship are:

- your father's Kenya birth certificate;
- birth certificates (or other such birth evidence that exists) of his parents and grandparents;
- his British citizen passport;
- your Canadian birth certificate showing parent's names;
- your parent's marriage certificate (yes, your parents need to be married otherwise you've no claim).
- plus good proof of ID that shows you are the same person as your birth certificate (copy of Canadian passport, drivers licence, etc).

What would concern me more is having to deal with the British Embassy in Washington DC. Service standards for British passports outside the UK are not good (applications sent back on a whim, sometimes arbitrarily, documents lost, long processing delays, etc). Also, they are usually insistent on original documentation and you don't want to send that away as if it's lost, you may never be able to prove your status.

For complex claims to British nationality, it may be better to apply for a Right of Abode stamp in your Canadian passport, as this is less arbitrary.

Alternatively - especially if you want to take a vacation in the UK - you could possibly bring your paperwork to the UK and apply for a nationality status certificate at the Home Office. You could then use that certificate to obtain a British passport back in Canada.

JAJ, thank you for the time you took to answer my questions!

A couple of things... I misread my father's Kenyan birth certificate, and 'British Protected Person' is referring to both his parents' status. So I guess that clears up the confusion about that.

I don't really have any kind of birth documentation for his parents issued prior to this, however. My father's mother had a British Overseas Citizen passport, if that helps. There's no documentation for his father at all, however, as he passed away 30+ years ago and paperwork was kind of non-existent. The only reference on any document to his nationality is on my father's birth certificate.

Also, I have a sister that was born in Canada in 1981. Would she also be able to claim nationality based on the dates above? Or is this all applicable only after 1.1.83?

Thanks again for all your help JAJ!

If your father and mother are ethnically Indian (are they?) then it is unlikely that there is any UK ancestry involved, which means you are most likely a British citizen.

My feeling is that with such a complex case, it might be better to go for a Right of Abode stamp than a British passport. You can get a British passport later, if you wish.

Your sister is out of luck unfortunately ... as she didn't have Right of Abode in her own right before 1.1.83, she appears to be a British Overseas citizen rather than a British citizen.

If your father and mother are ethnically Indian (are they?) then it is unlikely that there is any UK ancestry involved, which means you are most likely a British citizen.

My feeling is that with such a complex case, it might be better to go for a Right of Abode stamp than a British passport. You can get a British passport later, if you wish.

Your sister is out of luck unfortunately ... as she didn't have Right of Abode in her own right before 1.1.83, she appears to be a British Overseas citizen rather than a British citizen.

Thanks again for all the information. You are correct, my parents are ethnically Indian. I'm actually planning on visiting London in the fall, so perhaps that would be a good time to take the original documents with me and either apply for the ROA stamp or confirmation of nationality in lieu of the passport.

They will probably want to see originals either way, so the easiest option could be an application for Right of Abode to the British High Commission in Ottawa.

What documents would be impossible to replace if lost? Could your father get a duplicate of his Kenyan birth certificate? Where was he married?, etc?

You might have to send copies and offer to come up to Ottawa with originals.