Claim to citizenship

[acecobra]

Hi,
For the past ten years ive been trying to gain citizenship through my fater with no avail.
I applied at 16 but got denied( forgot the reason)
Back story
My father was born in Kamapla,Uganda in 1956 to non-uk born parents (grandfather was in the british army)
his family moved to Kenya In 1957
Then they left east africa in 1970 or 1971 after the death of my paternal grandfater , from what he told me that he and older brother had to travel on their mothers passport.
Both my paternal grandparents held british passports with the cukc stamps on them
1983 or 84 my dad applied for his first passport, told me that he took his birth certificate and his mothers passport.
I have no idea how he gained his citizenship
His current passport says british citizen
I was born in 1991 in pakistan and move to the us when i was 3 months old
my mother is pakistani and had the indefinate stay for the uk stamp on her passort
parents where married in 1985 in the uk
thnaks !

[noajthan]

See https://www.gov.uk/government/publicati ... us-form-ns

[secret.simon]

My father was born in Kamapla,Uganda in 1956 to non-uk born parents (grandfather was in the british army)

Does the reference to "grandfather" refer to your father's grandfather or to your grandfather? Where were your father's father and grandfather born? Do you have documentation of the relevant grandfather's army service (that may be necessary) or at least details such as regiment, etc (regimental museums could provide valuable help to families of former soldiers)?

His current passport says british citizen

Can I get you to double check that it says "British citizen" and not "British Overseas citizen" or any other different wording? The wording is crucial.

Your father was born a CUKC by descent (Uganda was not a colony, but a protectorate and your father acquired his citizenship through descent from his father, not from birth in Uganda) and both the British Nationality Act 1981 and British Nationality Act 1948 do not allow either CUKCs or British citizens by descent to pass on their citizenships to their children born outside the UK. As you were born in Pakistan, your CUKC/British citizen by descent parent can not pass on his citizenship to you.

As you are not a minor (under 18 years of age), you can not be registered as a British citizen either.

Further reading:
Brithis Nationality: summary

The British Nationality Acts

[acecobra]

My great grandfather was born in India as well as my grandfather. I do not posses anything that says my grandfather was in the British army, I am currently reaching out to my fathers other siblings for it.
Yes my fathers passport says British Citizen and not over seas.
My father just told me today that he had his first passport made in 1983 or 84, he had to take his birth certificate and his mothers passport ( assuming they needed it for entry varfication).

[acecobra]

And grandfather is the original message was my grandfather

[secret.simon]

My great grandfather was born in India as well as my grandfather. I do not posses anything that says my grandfather was in the British army, I am currently reaching out to my fathers other siblings for it.

It sounds to me that your grandfather may have been naturalised as a CUKC (quite likely for his service in the British Army).

But even assuming that to be the case, your father would not be able to pass on British citizenship to you as he himself was born by descent.

The only two ways that you could have claimed citizenship in these specific circumstances would be if
a) You were born in the UK
b) You were registered as a British citizen by your father before you turned 18.

As neither is the case, to the best of my understanding, you do not have a claim to British citizenship.

[acecobra]

Yes he was, his passport says cukc.(grandfather)
So how did my dad go from cukc to British Citizen?
Would it have made any difference if he live in a colony ?
He lived in Kenya from 1957-1971 (born in 1956)

[secret.simon]

So how did my dad go from cukc to British Citizen?

The British Nationality Act 1981 reclassified British nationality. So, only CUKCs with connection to the UK (not colonies) through a parent/grandparent or by being born in the UK (not colonies) were British citizens, with all others being reclassified as either British Overseas Territories Citizens (BOTC) or British Overseas Citizens. That is why my earlier question to you. British Overseas citizens do not have the right to live in the UK or in the EU.

Would it have made any difference if he live in a colony ?
He lived in Kenya from 1957-1971 (born in 1956)

It may have made a difference if he was born in a colony. Where he lived after that would have made less of a difference. And in this case, it makes no difference where he lived after birth.

It is often place of birth that makes a huge difference when it comes to claiming citizenship. Both the US and Pakistan allow all children born in the country to claim citizenship. The UK by contrast only allows that privilege if the child is born in the UK and at least one parent is a British citizen or settled in the UK (has ILR) at the time of birth.

If you were born in the UK, you would have been a British citizen by birth and have been able to pass it on to your own children anywhere in the world.

If...

[acecobra]

Well that's a huge disappoinent, I was hoping he was naturalised or something.
My mom did have the indefinate stay on her passport but she hadn't lived in the uk for 2 years when I was born. So the next question is can I get an indefinate stay stamp on my US passport and try to settle there and then get naturalised ?

[secret.simon]

Well that's a huge disappoinent, I was hoping he was naturalised or something.

It seems that it is your grandfather who was naturalised. British citizenship can only be passed on one generation outside the UK.

If you wish to investigate UK naturalisation in the past, you can contact the National Archives.

My mom did have the indefinate stay on her passport but she hadn't lived in the uk for 2 years when I was born. So the next question is can I get an indefinate stay stamp on my US passport and try to settle there and then get naturalised ?

ILR is acquired in your own right and can not be inherited. You would have to acquire ILR in your own right by working your way through the relevant work/spouse route. You could also apply for an Ancestry visa that would lead up to ILR status in five years if you can prove that any one of your grandparents was born in the UK (born in, not citizen of).

In any case, ILR is lost if the person has not been resident in the UK for two years. So there is a good chance that your mother lost her ILR status years ago anyway.

[vinny]

When was your father born?
Was your grandfather in the British Crown service when your father was born?

[secret.simon]

When was your father born?
Was your grandfather in the British Crown service when your father was born?

Father born in 1956 in Kampala, Uganda (protectorate, not colony).
Grandfather in the British Army (so could be considered in Crown Service). It also sounds like the grandfather may have been naturalised a CUKC due to service in the British Army.

[vinny]

See also 20.2.5, etc., and examples.

[secret.simon]

Vinny, would I be correct in saying that the exclusion of Section 14(2) would only apply if the grandfather was recruited into the British Army in the United Kingdom and not in any colony?

Acecobra, it seems that the circumstances of your grandfather's Army service may offer a sliver of hope. Where was your grandfather recruited into the British Army?

[acecobra]

Vinny, would I be correct in saying that the exclusion of Section 14(2) would only apply if the grandfather was recruited into the British Army in the United Kingdom and not in any colony?

Acecobra, it seems that the circumstances of your grandfather's Army service may offer a sliver of hope. Where was your grandfather recruited into the British Army?

I have no idea, assuming BR India

[acecobra]

[/quote]

Then they left east africa in 1970 or 1971 after the death of my paternal grandfater , from what he told me that he and older brother had to travel on their mothers passport

I don't know if it makes a difference but when they left Kenya they moved to The U.K., my dad remained there from 1971 to 1987