Can I get a passport through my mother?

[rea]

Hi,

I am wondering if I can get British Citizenship through my mother.

She was born in the UK in 1954, and then moved to India with her parents and got Indian citizenship. I was born in the US in 1984.

Any advice?

[Lucapooka]

Surely she would have renounced her British citizenship to become Indian?

[rea]

Surely she would have renounced her British citizenship to become Indian?

I think by default yes, but told me that she doesn't remember doing anything to renounce British citizenship.

Does this affect my chance anyway, I am not sure if she had to be a citizen at the time of my birth?

[Lucapooka]

I am not sure if she had to be a citizen at the time of my birth?

She would have needed to.

[rea]

Thank you for the advice, I was just unsure because they don't ask for any proof of this on the application for a new adult passport.

[ban.s]

If she didn't renounce her BC, then there is a remote possibility that she is still British (unknowingly) and her Indian citizenship is technically invalid.
when did she move to India?

[rea]

I believe she moved to India with her parents in 1954 or 1955?

[Jambo]

I don't know the rules in place in the 50's but today only adult (over 18) can renounce his British citizenship.

Did she ever had a British passport? Or was included in her mother (Indian?) passport when they left the UK?

What do mean she later got Indian citizenship? Are her parents Indian? Or did the whole family become Indian in a later stage?

[rea]

Thanks for the help.

I don't think she ever had a British passport, I believe she was included on her mother's when they left the UK. I think both her parents were Indian at that time - sorry, I meant she later got an Indian passport when she was 17.

This is so complicated! What is the consequence if I just submit an application and get rejected?

I am also going to have to apply for ILR by March if this doesn't work. I am married to a BC and I've been here for almost 2 years. I just thought the mother thing might be worth trying to save 900 GBP. I have her birth certificate from the UK, my birth certificate, and passports.

[Jambo]

I'm not expert on past nationality laws (JAJ is the guru on those matters) but from the sounds of it, your mother has always been British and assuming your parents were married when you were born, you are British also.

In complicated cases, it is best first to apply for Confirmation of British nationality status using form NS. Provide as much information as you can. If the HO confirms you are British, use that to apply for a passport.

[rea]

Many thanks for your help.

On the guidelines for the Confirmation of British nationality status, it says: "If the evidence is in the form of your, and a parent’s birth certificate you should consider applying for a British passport. Only if you do not have documentation acceptable to the passport authorities should you apply
for confirmation of nationality status."

I have these two birth certificates, so perhaps I can just apply?

Can someone give advice on this?

And also, my parents were married when I was born, but it seems you only need to prove this if you are applying through your father?

[Jambo]

You can try. Worst case, IPS will tell you to contact the HO to confirm your nationality.

You can also call IPS adviceline on 0300 222 0000 and ask for their advice.

You are right about the marriage. As you were born after 1983, this doesn't apply to you.

[ban.s]

I know few other cases where people moved from England to India soon after independence/early 50s - never had any British passport - subsequently never travelled outside india but were unknowingly british thoughout. Their children later received BC as they were born to british parents (based on the brith records of their parents).

[rea]

I know few other cases where people moved from England to India soon after independence/early 50s - never had any British passport - subsequently never travelled outside india but were unknowingly british thoughout. Their children later received BC as they were born to british parents (based on the brith records of their parents).

Thanks ban.s, I guess it's worth trying. I guess the difference with my mom is that she did travel outside India, but I think still worth trying!

[JAJ]

I would recommend form NS with full disclosure of the circumstances. If the mother did formally renounce her British citizenship then there should be a record of this on file at the Home Office.

Her parents could not have renounced British nationality on her behalf. She would have had to go to a British consulate and signed papers to do this.

If the Home Office approve the NS application, then apply for a British passport.

[rea]

Hi everyone, thanks for your help.

Just an update in case it helps someone else.

I sent in the application form for a new adult passport without the form NS, on the 24th of December and included my mother's birth certificate, my birth certificate and my US passport. I did note on the application form that my mother was an Indian citizen at the time of my birth.

I had my passport interview on the 7th of January and received my passport today on the 9th of January.

Thanks again.

[ban.s]

congrats.