British citizen otherwise than be descent?

[caspar]

Hi,

I have asked another question in another thread, but I wanted to ask this separate question here. My apologies if this is not the done thing.

Grandfather is Born in England around turn of the century. Father is born in Australia in 1948. Sister is born in Australia in 1986.

Is my father a citizen by descent or otherwise?

My reading of the 1981 act, section 14 is that his circumstance is not mentioned, thereby making him a citizen otherwise than by descent, because he was born prior to 1 january 1949 and therefore he was a british subject not by virtuate of 1948 section 5, but virtue of 1914 section 1. how does a "natural born british subject" translate into the 1981 law?

My father has had a british passport since his early twenties. Does this mean he gave up aussie citizenship? Could the 1971 legislation have an effect here?

Thanks!

[vinny]

Chapter 20: British citizenship "by descent" and "otherwise than by descent"

[caspar]

thanks for the reply, i have read that and all the relevant guidance documents and legislation i can find.

i can't see how the 1981 legislation classifies people who were subjects born overseas who became citizens of a commonwealth country in 1949 and then took up british citizenship again.

my father was not a citizen under s.5 of the 1948 act. his circumstance is not listed, as far as i can tell...

i would really appreciate any guidance that could be given as to where this is specified. Thanks!

his first british passport, issued in 1973, says "british subject: citizen of the united kingdom and colonies".

i have found the following document that seems to apply. please correct my understanding. http://www.ukba.homeoffice.gov.uk/sitec ... ide_ns.pdf

From 1949 onwards, when those CUKCs connected to newly emerging independent states became citizens of those countries on independence, they automatically lost their citizenship of the UK & colonies unless they benefited from a specified exception. Exceptions would apply where there was a secondary claim to citizenship of the UK & Colonies, usually through the male line going back two generations.

Which would appear to apply for my father.

The question remains, in my mind anyway, where it is defined in legislation that he is british "by descent".

[caspar]

i cannot say for sure, because it is impossible to tell how he was recognised as a CUKC without getting a determination from the home office, but i think i have found the relevant legislation...

from the 1948 act:
12(2)

A person who was a British subject immediately before the date of the commencement of this Act shall on that date become a citizen of the United Kingdom and Colonies if at the time of his birth his father was a British subject and possessed any of the qualifications specified in the last foregoing subsection.

and 12(8 )

A male person who becomes a citizen of the United Kingdom and Colonies by virtue only of subsection (2), (4) or (6) of this section shall be deemed for the purposes of the proviso to subsection (1) of section five of this Act to be a citizen of the United Kingdom and Colonies by descent only.

I *think* that that is how he is a CUKC.

Does anyone think it worth investigting?

It is only odd because he has had an Australian passport since the early seventies as well. My understanding is that he could not have been both...

[vinny]

Chapter 2: Automatic acquisition - persons born before 1 January 1983
Dual citizenship

[caspar]

the replies are appreciated. they helped me to continue searching for the confirmation i was looking for.

though the australian government websites are not helpful for anything but current births and naturalisations, i can confirm from reading that my father was a british citizen by descent according to the legislation and was held as an exception to allow dual citizenship.

glad we cleared that up!