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Vineet S
Vineet S,
Category: Law
Satisfied Customers: 11
Experience:  Freelance Solicitor at Self Employed
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I have a very quick question please...: Where are you? It

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hello, I have a very quick question please...My name is*****: Where are you? It matters because laws vary by location.
Customer: I'm in France at the moment... but I was born in South Africa
JA: What steps have you taken so far?
Customer: I'm still looking...and doing some research.... my grandfather was a member of the WelshFusiliers and was born in Lewisham
JA: Anything else you want the Lawyer to know before I connect you?
Customer: my father was born in Poona India but was a british citizen...

Hello Moriag , Welcome to JA

I am Vineet, UK Solicitor, I will be helping you with your query today

 

What is your question, please.

Customer: replied 6 days ago.
thank you, nice to meet you
Customer: replied 6 days ago.
I have a question about british citizenship..... I asked a Mr Philip Gamble for an opinion a while ago which said I didn't have a claim..., and then recently I read something on his website that is my situation exactly...and I just wanted to get a second opinion if I may..
.
Customer: replied 6 days ago.
"After 1948 and prior to 1983, British Citizenship could be passed two generations by Descent from a UK-born grandfather where the middle generation (the parent) was born in a British Protectorate. Almost a third of India was made up such territory before 31.12.1948. The key question will be in which state the parent's birth took place in - British India (which would negate a claim) or one of the Royal States (which would produce a claim).

This particular solution arises where:

  - the applicant was born between 01.01.1949 and 31.12.1982; (Applicant being me, Moraig Narraway - born in 1965)

  - the parent was born in a Royal State of India before its independence; AND (My father was born in the Princely State of Maharashtra, registed in Poona in 1933)

 - the relevant grandfather was born in the UK (my Grandfather was born in Lewisham in the UK, was a member of the welsh Fusiliers and then went to work in India for the British Army)

If the claim comes from the paternal grandfather, then the applicant is British by operation of law (i.e. automatically British), as long as the relevant family members were born legitimately. However, if the claims comes down from a maternal grandfather, then an application to register as a British citizen has to be made. This route through the mother has become available after recent anti-gender discrimination legislation was passed."
Customer: replied 6 days ago.
Is the above still true under British Law?

Hello Moraig, through research you have done and very interesting scenerio

 

British Nationality Act 1981 is the relevant piece of legislation here.

 

Did your father ever held a British travel document/ Passport? if yes any accompanying remarks on it - Right of abode

From the above information you have provided, the conclusion is your father is a British Citizen by descent.

and Section 2 of the Act says-

A British citizen by descent cannot automatically pass citizenship to a child born outside the UK. This is because of section 2 of the 1981 Act:

(1) A person born outside the United Kingdom and the qualifying territories after commencement shall be a British citizen if at the time of the birth his father or mother—

(a) is a British citizen otherwise than by descent…

Detailed definition of who is a British citizen by descent in SECTION 14 of the 1981 Act.

Based on the provided information, unfortunately, you don`t have a claim for a British Citizenship via the above route.

Customer: replied 6 days ago.
thank you - he has a full British Passport - no 'right of abode' or anything like that... he was sent back to the UK when he was 5.

Thanks for your answer.

So, as explained above your father is British by descent.

In your case This means that the first generation ( Your father) born abroad is born British, the second generation ( you) born abroad can become British by being registered .

Section 3(5) of the 1981 Act provides-

Legitimated children are entitled to registration as a British citizen under section 3(5) of the British Nationality Act 1981 if: • they were born outside the UK • at the time of the birth they had a parent who was a British citizen by descent • they are under the age of 18 when the application is made • the child and both of their parents were in the UK at the beginning of the 3 year period ending with the date of the application • the child and both of their parents have not been absent from the UK for more than 270 days in that 3 year period • the consent of both parents is given to the application • children aged 10 or over on the date of application are of good character

you have attained majority -over 18yrs of age

so, unfortunately, you can not claim British Citizenship via this route.

Feel free to get back to me if you have any other related queries.

If not, Kindly rate the answer given for your question using the stars button at the top of your screen. Thanks

Customer: replied 6 days ago.
thanks very much - I just thought being born in a Princely state might make a difference - but no worries... I'll pursue the french route....thanks for your help. have a great evening

All the best. and Enjoy your evening as well.

Kindly rate the answer. thanks again

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