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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7473
Experience:  UK Lawyer holding practising certficate for England & Wales.
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How can i get my sisters British Citizenship confirmed. She

Customer Question

How can i get my sisters British Citizenship confirmed. She was born in South Africa and was on My mothers British passport. Sister born in 1954 and lived in England from 1957 to 1970.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
Where and when was your mother born please and how did she get UK citizenship?
Kind regards
Tomt
Customer: replied 2 years ago.

My Mother was born in Luton Bedfordshire England. 02/06/1929. My mother has now died 23/11/2011. My mother married a S.African man who she later divorced after seperation. My mother returned home to England with 3 children on her British Passport. in 1957. It is complicated and family history is painful. My mother went through another marriage and that also failed but she married and lived happily after those unhappy relationships. My sister remained in England finnishing her Schooling in Falmouth and worked in Penryn but was unhappy and wanted to return to her S.African fathers family which she did in 1972 i think. She has remained there since and had very little contact with her british family in England. She returned to England on 2 occassions but returned back to S.Africa. She has now returned on June 2014 and i as her elder brother am trying to find out how to get confirmation of her British Citizenship. Her Visa Expires on December 6th 2014. She does not now want to return to S.Africa and i am trying to fill in a Form UKM as Mother was British. Do not have Mothers Passport showing us 3 children but i do have my Mothers Birth certificate and her last 2 British Passports. Have been told that if i can submit my Sisters UKM application she can remain in England but if i can get proof of her British Citizenship i can cancel UKM and apply for her British Passport. My sister is now 60 years old and i am 62.

Expert:  Thomas replied 2 years ago.
Okay.
Thanks. What nationality was the father of your sister please?
Was the father of your sister married to your mother?
Tom
Customer: replied 2 years ago.

My Mother was married to a S.African and my sister was his daughter.

regards Marcus

Expert:  Thomas replied 2 years ago.
Hi Marcus
Thank you for your question and patience, I’m Tom and I’ll try to help you.
She is no automatically eligible for UK citizenship because mothers were not permitted to pass on their citizenship historically in the same way that fathers were. So unless your mother already registered here as a UK citizen then she would not yet be a UK citizen.
This means that she would have to apply for registration if she is eligible.
You have correctly identified the Form by which she would apply to be registered. This is the form avialble to children of mothers who were not able to pass on their citizenship and the guide to making such an application is contained here:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/279420/Guide_UKM_January_2014.pdf
The documentation commonly required is contained at page 12 of the above guidance. If you have your mother’s previous two expired passports then you will have to send this. Obviously you will also need your sister’s birth certificate showing that your mother was her parent. Obviously, if your mother’s name as listed on your sister’s birth certificate is different to her passport then you will have to show the applicable marriage certificate for your mother to demonstrate that your mother is the same person as named on the birth certificate.
If your sister currently only has leave to remain until the 6th December then the application will not be decided until this time. I note that you have not said that you have got your sister’s birth certificate and presume that you will not be able to get it in time, so although I appreciate that she may not want to return to SA it would probably be in her best future interests to do so. The reason is because if her application fails for some reason then she will be an overstayer which would mean likely mean that her future applications for visas to come her would likely be refused.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom

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