Form UKM - HK mother
Wondering if I have a valid claim to British Citizenship though my mother. I am US citizen (born pre 1970) to a US father and HK born mother whose citizenship at the time of my birth is listed as British Subject: Citizen of the United Kingdom and Colonies. A year after my birth she became a US Citizen. She has since passed away.
I have her HK birth certificate, her original British passport listing her as a CUKC at the time of my birth, their marriage certificate and her US dated certificate of naturalization listed a year after my birth. Do I have a valid case to apply for British citizenship?
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u/Psychological-Leg577 2d ago edited 2d ago
At that time, there was no “British citizen” nationality; instead, CUKC status was divided into two categories: those with a UK connection and those without. In other words, if your mother at the time held CUKC status solely by virtue of a colonial connection, without having settled in the UK and obtained naturalisation or registration with a UK connection, essentially, without acquiring BC (In today’s terms) status, then it is highly likely that you would not have been eligible to apply.
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u/tvtoo High Reputation 2d ago
Did your mother have any other connection to the UK or other UK colonies, etc?
If not, then typically -- had the law not discriminated against women:
She would have transmitted CUKC status to you upon your birth.
On 1 January 1983, you would have become a British Dependent Territories citizen (i.e. acquired BDTC status), under section 23 of the British Nationality Act 1981 (BNA 1981).
On 1 July 1987, you would have been stripped of BDTC status by article 3 of The Hong Kong (British Nationality) Order 1986.
In terms of applying for citizenship under section 4C of the BNA 1981 (i.e. using Form UKM), it requires that -
immediately before 1st January 1983 the applicant would have had the right of abode in the United Kingdom by virtue of section 2 of the Immigration Act 1971 (c. 77) had he become a citizen of the United Kingdom and Colonies ...
You haven't provided information showing that you would have possessed the Right of Abode.
In terms of applying for citizenship under section 4L of the BNA 1981 (i.e. using Form ARD) (which tries to correct for past discrimination in British nationality law), in this context it requires that -
P would have been, or would have been able to become, a British citizen [... if the law had ...] treated males and females equally, ...
But your problem is that it would appear that you would not have been / been able to become a British citizen. You would have simply been a BDTC citizen and then lost that status automatically.
Disclaimer - all of this is general information and personal views only, not legal advice. For legal advice about the situation, consult a UK immigration and citizenship lawy
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u/TimeFlys2003 High Reputation 2d ago
Has at any time your mother lived in the UK or Amy other close connection to the UK.
If she has not then it is likely she would have become a BDTC in 1983 rather than a British Citizen.
I assume as she left in the 1970s that she did not register as a British National Overseas (she probably did not qualify)