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British citizen other than by descent? Kenya/Wales/NZ

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

gemcee
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Australia

Re: British citizen other than by descent? Kenya/Wales/NZ

Post by gemcee » Mon Oct 15, 2018 9:44 am

Hi kiwirobnz, sorry for resurrecting an old thread. I was wondering whether you're still around and whether I could please ask some advice re your situation?

I suspect it's similar to my husband's father's situation and we are trying to prove he is a British citizen other than by descent so that my husband can get a British passport.

I'd really appreciate a reply if you're still around.

Thanks!

kiwirobnz
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Posts: 22
Joined: Mon Aug 26, 2013 4:56 am
New Zealand

Re: British citizen other than by descent? Kenya/Wales/NZ

Post by kiwirobnz » Mon Oct 15, 2018 9:50 am

Yes I am around. Try private messaging me. I am in NZ so working on that time zone.

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CR001
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Re: British citizen other than by descent? Kenya/Wales/NZ

Post by CR001 » Mon Oct 15, 2018 9:54 am

kiwirobnz wrote:
Mon Oct 15, 2018 9:50 am
Yes I am around. Try private messaging me. I am in NZ so working on that time zone.
The user 'gemcee' does not have private message privilege yet.

Please post in public so that all may benefit.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

kiwirobnz
Newly Registered
Posts: 22
Joined: Mon Aug 26, 2013 4:56 am
New Zealand

Re: British citizen other than by descent? Kenya/Wales/NZ

Post by kiwirobnz » Mon Oct 15, 2018 9:56 am

OK. We used a particular immigration consultant ... but I know I'm not allowed to say who, which is why I thought a PM would be better.

gemcee
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Posts: 2
Joined: Mon Oct 15, 2018 2:37 am
Australia

Re: British citizen other than by descent? Kenya/Wales/NZ

Post by gemcee » Mon Oct 15, 2018 10:06 am

Hi! Sorry I can't private message at this stage. Not sure if I need to post more?!

I'm in Perth, so a few hours behind you :)

I have been researching my husband's father's situation. It's a little different to your husband's but I'm wondering whether the same things may apply. I'll write out the key points and what I think is correct:

1. He was born in 1947 in Singapore - his paternal grandfather was born in England.

2. In 1948, he became a Citizen by birth - because the 1948 act was retrospective for British subjects.

3. In the 1950s he moved to Australia and in 1967 he was given a CUKC passport.

4. When the 1971 immigration act came into effect, he had right of abode due to Section 2(1)(b)(ii).

5. The 1981 act revised the 1971 act and he now has right of abode due to 2(1)(a) based on that table you mentioned - https://www.gov.uk/government/publicati ... -abode-roa

6. Therefore, he is a BC other than by descent (based on Section 14).

I'm struggling to get my head around point 5.

I know your husband's parents were born in the UK, but it seems that s.2(1)(b)(i) [parent] and s.2(1)(b)(ii) [grandparent] were both turned into S.2(1)(a).

Is this the same reasoning you applied?

Thanks so much!

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