UKM - help-advice please

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lhelena

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UKM - help-advice please
« on: January 02, 2016, 06:50:36 PM »
As stated in the guide UKM, the requirements are:

1. you were born before 1 January 1983; and

I was born in 1978.

2. you would have become a citizen of the United Kingdom and Colonies by descent if women had been able to pass on citizenship to their children in the same way as men at the time of your birth; and
 
You will meet this requirement if at the time of your birth:
(a) your mother was:
• born, adopted, naturalised or registered in the United Kingdom and Colonies; or
• a British subject before 1 January 1949 and was born in a British protectorate, protected state or United Kingdom trust territory; or
(b) your mother was, at the time of your birth, a citizen of the United Kingdom and Colonies and:
(i) you were born, or your mother was born, in a British protectorate, protected state, mandated territory or trust territory or in any foreign place in which British subjects came under British extraterritorial jurisdiction; or
(ii) you were born in a non-Commonwealth country and your birth was registered, within one year of its occurrence, at a British consulate; or
(iii) your mother was in Crown service under the United Kingdom government at the time of your birth; or
(iv) you were born in a Commonwealth country whose citizenship law had been the subject of an order under section 32(8) of the British Nationality Act 1948, but did not become a citizen of that country at birth. NB – This only applies if you were born in Ceylon/Sri Lanka.

My mother, at the time of my birth, was registered in the United Kingdom and Colonies and was been her whole life British.

3. you have right of abode which you acquired because:
(i) your mother was, at the time of your birth, a citizen of the United Kingdom and Colonies by birth, legal adoption, naturalisation or registration* in the United Kingdom, Channel Islands or Isle of Man; or
(ii) one of your mother’s parents (the definition of “parent” here excludes the father, but includes the mother, of an illegitimate child) was a citizen of the United Kingdom and Colonies by birth, legal adoption, naturalisation or registration* in the United Kingdom, Channel Islands or Isle of Man at the time of her birth; or
(iii) one of your father’s parents (the definition of “father” and “parent” excludes the father of an illegitimate child) was a citizen of the United Kingdom and Colonies by birth, legal adoption, naturalisation or registration* in the United Kingdom, Channel Islands or Isle of Man at the time of his birth; or
(iv) you were resident in the United Kingdom for a continuous period of 5 years before1983 and had become settled in the United Kingdom by the end of that 5 year period; or
(v) you are a woman who, before 1 January 1983, was or had been married to a man with the right of abode in the United Kingdom. *Please note - registration does not include registration on the basis of a marriage on or after 28 October 1971 to a citizen of the United Kingdom and Colonies and

I have right of abode because my mother was, at the time of my birth, a citizen of the United Kingdom and Colonies and also both of my mother’s parents were citizens of the United Kingdom and Colonies by birth.

4. the Secretary of State is satisfied that you are of good character.

I am of good character.

They refused my application saying that my mother was born outside the UK and colonies.

sent a complaint saying:
I understand that you are refusing my application on the grounds that my mother was born outside the United Kingdom and Colonies, where in fact in 1943 Rawal Pindi (when & where she was born) was part of India and therefore part of the British Colonial Empire; and this was due to my grandfather being under the Military Crown Service.

and got this answer:
I can confirm that although Rawal Pindi was part of the Crowns Dominions in 1943, it was part of an independent country from 1 January 1949, so your mother did not have this status to pass on at the time of your birth.

but she has always been British as well as her parents

can somebody pls explain to me since i meet all four requirements as stated in the ukm form, why refused British citizen?

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Riley Haas

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Re: UKM - help-advice please
« Reply #1 on: January 04, 2016, 10:01:19 AM »
Hi there,
When UK colonies became independent, most UK colonial citizens became citizens of the new country and lost UK citizenship. So, in your case, your mother is assumed by the UK authorities to have become an Indian citizen and lost her UK citizenship.
The onus is on you to prove to the UK authorities that this did not happen (if, indeed, it did not happen).
If your mother was supposed to lose her UK citizenship and did not, applying for your own UK citizenship could, in theory, jeopardize your mother's UK citizenship.
So...
Do you know the specific British nationality (it would be on the passport, if she has one) your mother held prior to Indian independence?
Where was your mother living at the time of Indian independence?
These are the two most crucial questions I believe.

Hope this helps.

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lhelena

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Re: UKM - help-advice please
« Reply #2 on: January 05, 2016, 02:42:23 AM »
Hi,
Thanks for your reply.
My was born in a British Colony (India) due to the fact her father was in Crown service under the United Kingdom government (British Army), and all her family tree has been British for many generations (both parents British). So when she was born she was a British subject, today her passport says British citizen. My mother's citizenship is not jeopardised, both her parents were British. In 1945 they returned to the UK.

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Riley Haas

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Re: UKM - help-advice please
« Reply #3 on: January 05, 2016, 08:59:41 AM »
Okay, so the confusion lies in the belief that your mom was a British Overseas Citizen and not a British Citizen.
You need to prove to the UK authorities that they are mistaken. What you need:
  • your mother's long-form birth certificate, showing her place of birth and her parentage
  • your mother's passport which clearly states her British nationality on the front
  • your long-form birth certificate showing your parentage
  • your parent's marriage certificate
I suspect you submitted most of these with your initial application. If you submitted all of this stuff, it will be more complicated to prove your mother's British citizenship, if they didn't accept the above evidence. I am thinking you might need to petition the UK government for records about your mother's return to the UK, or something like that.

Hope this helps.

 

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