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Entitlement via descent?

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

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bathanza
Senior Member
Posts: 708
Joined: Sat Oct 15, 2016 6:56 pm
Location: London
United Kingdom

Entitlement via descent?

Post by bathanza » Sat Sep 07, 2019 4:42 pm

Some news here

I just found out my husbands grandfather had British citizenship via naturalisation.

I do not know the dates yet, but my late father in law was born pre 1982 and by definition would have been British by descent of his father?

Would my husband be able to claim British Citizenship through his father/grandfather if this was proven?

Will get more dates and proof and as such my head is spinning with questions

Any help would be amazing.

Husband's timeline - overstayer 11 yrs
08/16 - FLR (FP) Partner, refused 02/18, 03/18 - JR permission refused with merit
08/18 - FLR FP (Partner) PSC - Approved
07/20 - FLR FP to FLR M Switch - Approved, 03/23 FLR M Ext Approved.

secret.simon
Moderator
Posts: 11583
Joined: Thu Feb 21, 2013 9:29 pm

Re: Entitlement via descent?

Post by secret.simon » Sun Sep 08, 2019 7:32 am

Where and by whom was he naturalised?

If the naturalisation took place in the UK, there may be possibilities. If the naturalisation took place in a former British colony and/or by the authority of three governor of a British colony (i.e. not the authority of the Home Secretary), then that may not be much use.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

bathanza
Senior Member
Posts: 708
Joined: Sat Oct 15, 2016 6:56 pm
Location: London
United Kingdom

Re: Entitlement via descent?

Post by bathanza » Sun Sep 08, 2019 9:03 pm

Naturalised in the UK. London

Not sure about by whom. Will try to obtain copies and update.

Husband's timeline - overstayer 11 yrs
08/16 - FLR (FP) Partner, refused 02/18, 03/18 - JR permission refused with merit
08/18 - FLR FP (Partner) PSC - Approved
07/20 - FLR FP to FLR M Switch - Approved, 03/23 FLR M Ext Approved.

bathanza
Senior Member
Posts: 708
Joined: Sat Oct 15, 2016 6:56 pm
Location: London
United Kingdom

Re: Entitlement via descent?

Post by bathanza » Sun Sep 08, 2019 9:24 pm

We are talking about citizenship obtained back in the 40s.

His relatives are not sure on the specifics but someone will know. It is possible the grandmother obtained citizenship too.

Will update once again

Husband's timeline - overstayer 11 yrs
08/16 - FLR (FP) Partner, refused 02/18, 03/18 - JR permission refused with merit
08/18 - FLR FP (Partner) PSC - Approved
07/20 - FLR FP to FLR M Switch - Approved, 03/23 FLR M Ext Approved.

secret.simon
Moderator
Posts: 11583
Joined: Thu Feb 21, 2013 9:29 pm

Re: Entitlement via descent?

Post by secret.simon » Mon Sep 09, 2019 11:30 pm

The specifics will matter, a lot. And you (not the Home Office) will need to prove the specifics, in case you try to claim citizenship through ancestry.

In simple terms, if the grandfather in question was naturalised or registered as a CUKC (Citizen of the United Kingdom and Colonies) in a colony and not the United Kingdom itself, then they would most likely have become a British Overseas Citizen when the nationality laws changed in 1983. That nationality would not give the right to reside in the UK and would not be passed on to their children.

To assist you further wiit this query, we wuuld need to know when and where the grandfather in question acquired his CUKC, when and where the father was born and when and where was the son born?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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