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Senior Partner
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I Ramesh Vadgama have a sister in India and she got married

Customer Question

I Ramesh XXXXXXX have a sister in India and she got married as well since 1970 approx. hole family have been British citizen because we were born in Uganda at a time British were ruling so we were automatically became citizen and held British passport but never renewed now she traveled on Indian passport to UK with wrong information. now she applied for renewal for British passport they refused .Our ref : IND007093M Dear Mrs. XXXXXXX, This letter is regarding your application for a British Passport. From the information you have provided it would appear that you are not currently eligible forα a British passport. Although you acquired Citizen of United Kingdom and Colonies (CUKC) under section 12(2) of the British Nationality Art 1948, this does not confer the Right of Abode in UK. In addition, when you acquired citizenship of India, you had lost the state of CUKC and thus, not eligible for a British Overseas passport. Since 1 April 2008, both the FCO and the IPS have charged custmers for administering a passport application, rather than for issuing a passport. This means that fees for passport applications made in the UK and overseas are non-refundable in the event that the applic- ation is unsuccessful. It applies to all forms of British passport applications. There is no right to appeal against this decision. However, if you have concern as to theα way in which your case has been handled, then you should direct all correspondence, giving as much details as possible to:[email protected] Yours sincerely XXXXX XXXXX Passport Officer Regional Passport Processing Center, Hong Kong.

Submitted: 3 years ago.
Category: Law
Expert:  Senior Partner replied 3 years ago.

What do you want to know about this ? Are you asking if the decision is correct? Are you saying that your sister has been resident in India since 1970? When and where was she born please and when did she acquire indian citizenship?

Customer: replied 3 years ago.

My sister was born in Uganda in 1947 at a time my parents were British

Citizen she holds nationalities certificate she has a British passport which is not renewed since last expired ,

mean time she had to travel to UK by making a Indian passport with

wrong information like she was born in India because she had to travel to see my mother was not well because British passport was a long process ,she has been in India since 1962

 

 

 

Ramesh XXXXXXX ( Brother )

Expert:  Senior Partner replied 3 years ago.
Thanks You parents would have been British subjects all commonwealth citizens were at that point but on independence in 1962 most people became ugandan citizens. In any event it is correct that Citizenship of the UK and colonies acquired prior to the passing of the Nationality Act 1981 did not confer the right to British Citizenship unless the person had a right of abode here. your sister would not have done so. If she has in fact obtained an indian passport by fraud then it clearly does not help. What nationality do your parents now hold?
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13323
Experience: Solicitor with more than 30 years experience
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Customer: replied 3 years ago.

we left Uganda before independent my parents had British passport


my mother leaved in UK till she died in 2006 does my sister hold any chances at all


Ramesh


 

Expert:  Senior Partner replied 3 years ago.
Where did your parents go form Uganda? Where were they resident? Did your sister go with them? Did your parent shave ugandan citizenship or did they have British Citizenship.
Customer: replied 3 years ago.


As i have explained we all went to INDIA before independed we all held


British citizenship with british passport and we resident. so we had british citizen ship. rest of the family is holding british passport


Ramesh

Expert:  Senior Partner replied 3 years ago.
Ramesh
If you all went to india before independence you would have remained uk citizens at least until the point of acquiring indian citizenship but when the law changed under the 1981 act , you needed to have the right of abode in the uk to retain full British Citizenship. If you sister was not resident here it is unlikely she would have had that.

Your mother might have done by reason of residence here but that does not pass to your sister. I am sorry but I cannot see nay basis for challenging the refusal to issue a passport a a British Citizen.

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