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Question about otherwise than by descent guidance

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

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kingofwarsaw
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Joined: Mon Aug 04, 2025 5:19 pm
Australia

Question about otherwise than by descent guidance

Post by kingofwarsaw » Mon Aug 04, 2025 5:38 pm

Hi All!

I am struggling to interpret a part of the gov.uk guidance for pre-1983 births being citizens otherwise than by descent -- this paragraph, which lists people who are citizens by descent:

a person who was a CUKC who:

had the right of abode under section 2(1)(b) only of the Immigration Act 1971

had the right of abode under section 2(1)(b) only and section 2(1)(c) of the 1971 act

being a woman, had the right of abode only because she was, or had been, the wife of a man who had the right of abode under either section 2(1)(b) only or section 2(1)(b) only and section 2(1)(c) of the 1971 act


In the situation where a person was a CUKC by section 5 1948, but had ROA through 2(1)(b), 2(1)(d) and 2(2) of 1971, do they cumulatively add up to citizen otherwise than by descent, or does the provision for section 5 override all others?

Thanks for the analysis!

secret.simon
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Posts: 11516
Joined: Thu Feb 21, 2013 9:29 pm

Re: Question about otherwise than by descent guidance

Post by secret.simon » Tue Aug 05, 2025 8:47 am

A CUKC why acquired ROA by descent under the named provisions became a British citizen by descent on 1st January 1983.

Essentially, if the person acquired either CUKC status or RoA status by descent only, without any residence in the UK, they became a British citizen by descent on 1st January 1983.
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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