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Hello Moriag , Welcome to JA
I am Vineet, UK Solicitor, I will be helping you with your query today
What is your question, please.
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.
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.
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