BRP for u/15 children with grandfather in Crown Service.

[AshT3001]

I have been trying to ascertain whether my children qualify for British passports and would appreciate the input of any members who have more knowledge than I

3 children, all under 15. All born in South Africa.
Both parents British Passport holders by descent.
Both parents born in Rhodesia (1969 & 75) Father registered as British citizen in 1987 (too late - so NOT a Citizen of the UK & Colonies)
Paternal grandmother born in the UK.
Maternal grandfather born in the UK. I was born in Rhodesia in 1975 while he was a member of the Crown Service (BSAP - approx 1960-1980)

My two questions: does this make my children eligible for British Passports? Secondly, what proof of my father's Crown service do I provide? I have his long service medals with his name and number inscribed, and his Rhodesian passport naming his occupation as Government Employee, and a newer British Passport naming his occupation as Policeman.

[CR001]

Yours is slightly complex so suggest wait for user 'secret.simon' to respond as he is quite knowledgeable and eloquent in his responses.

As an aside, have either of you (the children's parents) ever lived in the UK for 3 years in the past?

[AshT3001]

Thank you. We have not stayed in the UK at all, but are planning to immigrate soon. All ready to apply for Indefinite Leave to Remain for our children, but would obviously prefer the BRP!

[CR001]

An application outside the UK for children is ILE (indefinite leave to enter) but they might only be issued with a 33 months visa, which would be extendable.

[secret.simon]

I doubt that service in the British South African Police would be treated as Crown Service, especially between 1965 & 1980. There was a similar question about service in the Royal Rhodesian Air Force a while ago, which has some relevant details.

Father registered as British citizen in 1987

Do you know under what section of the British Nationality Act 1981 was the father registered? And where was he registered (was he registered with the British High Commission in Pretoria or Harare or was he registered with the Home Office in London)? If he has got the registration certificate, it may state who it was issued by.

I agree with CR001 that the children should be eligible for ILE as both their parents are British citizens. Then, after staying in the UK with their parents for at least three years, the children have an entitlement (i.e. can not be refused) to register as British citizens under Section 3(5) of the British Nationality Act 1981. Their applications for registration must be made (and their three years of residence in the UK must conclude) before their 18th birthday.

[AshT3001]

Good morning,
He was registered by the Home Office in London. We've done all our research for ILE and are ready to apply, but someone said that our children should be eligible for BRP. Never read so many acts and clauses in my life since then! We have confirmed that BSAP is seen as Crown Service.

Xxxxcc have now said they won't do more for us without payment and we hadn't told them about the BSAP angle, without which they said our claim was unlikely (5-25%)

This from xxxxx Web link removed
"If the child's UK-born maternal grandfather was in Crown Service at the time of the mother's birth, the position will change here and your child may have a claim. Crown Service covers a wide range of work outside of the UK that includes (but is not limited to) the British Military, Overseas Civil Service, the Colonial Service and the Diplomatic Corp.

It also includes work in the Police and Defence forces, the BSAP in Rhodesia, Public Utilities (like power, water, gas, telecoms and mail), the Railways, The Australia, New Zealand and Malaya Defence Organisation, The NAAFI, The Red Cross, The YMCA and YWCA, The Church Army, the Seamans Missions; the Salvation Army, and any work with the domestic colonial government in the territory."

[secret.simon]

Firstly, BRP does not stand for a British Passport (which is what I think it appears to stand for, in your context), but for a Biometric Residence Permit, which is what a non-EEA citizen with leave to remain in the UK needs to demonstrate that leave. So, if your children were to be issued with ILE, I believe that they would be issued with a BRP, just not a British Passport.

We have confirmed that BSAP is seen as Crown Service.

How have you confirmed this?

[secret.simon]

We have confirmed that BSAP is seen as Crown Service.

I did some googling on this topic and have been able to find only one source that asserts that BSAP was Crown Service (technically, the source states that the BSAP was a Designated Service). That source is dated March 2017 and does not seem to have been published on updated on any UK Government website.

Franzman's at Page 314 seems to suggest that British passports issued to Rhodesian citizens between 1970 and 1980 were as prerogative British subjects, not as CUKCs.

[AshT3001]

The confirmation of BSAP constituting Crown Service was from the nationality advisors we had consulted, (actually the same ones who wrote your linked article) but dates might be important - none were mentioned. I have his Federation of Rhodesia and Nyasaland Residence Permit issued by the British Immigrants Selection Board in London in 1959 stating that his occupation shall be with the BSAP and he may only engage in a different occupation with their permission.

This info more just for interest's sake as we've decided to go the ILE route. It's far more expensive, but a sure thing as opposed to a possibility.

Apologies for using the incorrect acronym - I'm sure our children will be receiving their BRPs soon (and not their British passports!)

Thanks for taking the time to look into our situation.