IMMIGRATION CORNER - What are the specifics for UK citizenship?

 Dear Mr Bassie,

I have been informed that there are specific requirements that someone would need to meet for British citizenship if born before January 1, 1983. I am hoping that you would outline these for me.

- SF

Dear SF,

If a person is applying for citizenship and that person was born before January 1, 1983, he/she would have to meet certain requirements if the application is to be successful.

First, a person would be entitled to registration if, having been born before January 1, 1983, he/she would have become a citizen of the United Kingdom (UK) 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 that person's birth. Second, had that person become a citizen of the UK and colonies, he/she would then have had the right of abode in the UK; and third, if the secretary of state is satisfied that he/she is of good character.

A person who is seeking to be registered and was born before January 1, 1983, must meet all of those requirements set down by the UK authorities. You should be aware that the law has been written in this way so as to ensure that only those who would have become British citizens automatically on January 1, 1983, had women been able to pass on citizenship before that date, now have an opportunity to become British citizens by registration.

A significant amount of applications fail because the applicant meets the second of the above requirements, but not the third. In addition, there is no registration option for people who would have become British overseas citizens or British dependent territories citizens on January 1, 1983 had women been able to pass on citizenship before that date and who, as a result, might now be entitled to British citizenship under other provisions.

It should be noted that a person will meet the second requirement if, at the time of birth, his/her mother was born, adopted, naturalised or registered in the UK and colonies; or if he/she was a British subject before January 1, 1949 and was born in a British protectorate, protected state or UK trust territory.

In addition to this, the applicant's mother must have been, at the time of his/her birth, a citizen of the UK and colonies and the applicant was born, or his/her 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 the applicant was born in a non-commonwealth country and his/her birth was registered, within one year of its occurrence, at a British consulate; or the applicant's mother was in crown service under the UK government at the time of his/her birth; or if the applicant was 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. Just for completeness, it should be noted that this only applies if the applicant was born in Ceylon/Sri Lanka.

Mother as citizen

A person would also have been deemed to meet the requirement if his/her mother was, at the time of birth, a citizen of the UK and colonies by birth, legal adoption, naturalisation or registration in the UK, Channel Islands or Isle of Man; or if one of that person's mother's parents was a citizen of the UK and Colonies by birth, legal adoption, naturalisation or registration in the UK, Channel Islands or Isle of Man at the time of her birth. It should be noted that the definition of 'parent' here excludes the father, but includes the mother, of an illegitimate child.

Another way of meeting the criteria would be if one of the applicant's father's parents was a citizen of the UK and colonies by birth, legal adoption, naturalisation or registration in the UK, Channel Islands or Isle of Man at the time of his birth. Here, the definition of 'father' and 'parent' excludes the father of an illegitimate child.

Another acceptable scenario for the applicant would be if he/she was resident in the UK for a continuous period of five years before 1983 and had become settled in the UK by the end of that five-year period; or if the applicant is a woman who, before January 1, 1983, was or had been married to a man with the right of abode in the UK. It must be noted that registration does not include registration on the basis of a marriage on or after 28 October 1971 to a citizen of the UK and colonies.

On meeting the required criteria, the successful applicant will acquire British citizenship by descent. As a British citizen by descent, the successful applicant will not usually be able to pass on British citizenship to any child born outside British territory. It is advisable that, if the successful applicant is resident in the UK, he/she may wish to apply for naturalisation. This would then provide that person with British citizenship otherwise than by descent, which would mean that he/she could pass on that citizenship to any child born abroad to him/her after naturalisation.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, and a member of the Immigration Law Practitioners Association (UK). Email:lawbassie@yahoo.com.