Persons who automatically acquired British citizenship, usually ancestry or colonial links. These cases are taken from exercises in the HMPO staff training materials
BNA 1948 | IA 1971 Section | BNA 1981 Section | Rule | Outcome | Report File | Report Type | Notes | HMPO Comments |
---|---|---|---|---|---|---|---|---|
1-2 & 3(1) | - | 26 | UK.D.7.1 | Yes Certain | GE47 (Maria Henriques).UKBOC.AP.YC.docx | AP | Exercise 4 part 1 | Pggf b Gibraltar born in His Majesty's Dominions and Allegiance BSBB |
GE47 (Maria Henriques).UKBOC.NR.YC.docx | NR | Pgf b Portugal born outside of the empire BSBD | ||||||
GE47 (Maria Henriques).UKBOC.SR.YC.docx | SR | Fb Egypt ETJ country until 14th October 1937 BSABB | ||||||
Applicant b Saudi Arabia born outside the empire (ETJ ceased 1919) BSBD | ||||||||
1-2 & 3(1) | - | 26 | UK.D.7.1 | Yes Certain | GE56 (Heloise Henderson).UKBOC.AP.YC.docx | AP | Exercise 4 part 2 | Pggf b St Lucia born in His Majesty's Dominions and Allegiance BSBB |
GE56 (Heloise Henderson).UKBOC.NR.YC.docx | NR | Pgf b France born outside of the empire BSBD | ||||||
GE56 (Heloise Henderson).UKBOC.SR.YC.docx | SR | Fb Morocco (French Zone) ETJ country until 31st December 1937 BSABB | ||||||
Applicant b France born outside the empire BSBD | ||||||||
12(3) | - | - | UK.C.6.4.5 | No Certain | GE98 (Fiona MacDonald).UKBOC.AP.NC.docx | AP | Exercise 9 | Pgggf BSBB as born in UK, and therefore this transfers to 12(1)a |
GE98 (Fiona MacDonald).UKBOC.NR.NC.docx | NR | Pggf BSBB as born in the Dominions and Allegiances 1875. At 01 Jan 1949 India gained independence therefore gained BSUKC by descent (12(2)). | ||||||
GE98 (Fiona MacDonald).UKBOC.SR.NC.docx | SR | Pgf b in the Dominions and Allegiances 1901, therefore BSBB. At 01 Jan 1949 India gained independence therefore could not gain BSUKC by descent as his father already claimed by descent. Apply the 12(4)/13(1) definitions from the QRG. Cannot be a 12(4) as initial BSBB is his and he is potentially a citizen of a 1(3) country. Because he is potentially a citizen of a 1(3) country he is BS only by 13(1). | ||||||
F b outside the British Empire to a BSBB father, therefore BSBD. Cannot be 12(1) as status already by descent. Apply the 12(4)/13(1) definitions from the QRG. Cannot be a 12(2) as father not a 12(1). Cannot be a 12(4) because first BSBB in the male line (his father) obtains BS via a 1(3) country. Therefore this person is potentially a citizen of a 1(3) country and is a 13(1). | ||||||||
Applicant b in ETJ country 1946. His father is BS therefore BSABB. At 01 Jan 1949 Nthrn Rhodesia a Protectorate, therefore is BSUKC via 12(3). All births are legitimate. Pgf is potentially a citizen of India through his birth in British India and the father is also potentially a citizen of India through his father's birth in British India so both get 13(1). The applicant having been born in a country where we exercised ETJ which was a protectorate gains section 12(3) | ||||||||
13(2) | 2(1)(b)(ii) & 2(3) | 11(1) | UK.D.1.1 | Yes Certain | GE105 (Frank Neeson).UKBC.AP.YC.docx | AP | Exercise 10 | Pgf b within UK and colonies therefore by birth |
GE105 (Frank Neeson).UKBC.NR.YC.docx | NR | Pgm by birth under BNSAA1914, but as Australia independent gains BSUKC by marriage. | ||||||
GE105 (Frank Neeson).UKBC.SR.YC.docx | SR | F b within Dominion and gains BSBB under BNSAA1914. Australia independent, therefore gains BSUKC by descent. | ||||||
M same as Grandmother | ||||||||
Applicant by descent under the BNSAA1914. At 01/01/1949 does not become Australian as has not brought in its citizenship laws, but is potentially a citizen of Australia, therefore 13(1). At 26/01/1949 he does not become Australian as he has not set foot in the country, therefore gains BSUKC under section 13(2). Even if he subsequently sets foot in Australia and becomes Australian he will not lose his 13(2) | ||||||||
5(1) & 23 | - | 26 | UK.D.7.1 | Yes Certain | GE157 (Madelaine Calder).UKBOC.AP.YC.docx | AP | Exercise 15 | Pggf b UK and colonies therefore BSBB and 12(1)a |
GE157 (Madelaine Calder).UKBOC.NR.YC.docx | NR | Pggm b UK and colonies therefore BSBB and 12(1)a | ||||||
GE157 (Madelaine Calder).UKBOC.SR.YC.docx | SR | Pgf by descent BSBD and therefore 12(2) | ||||||
Pgm by marriage BSBM and 12(5) | ||||||||
F b ETJ country BSABB, cannot claim citizenship under other sections of the Act, not potentially a citizen of a 1(3) country, therefore 12(4) | ||||||||
Applicants father born in ETJ country, father BD, therefore falls under section 5(1)a | ||||||||
5(1)d | 2(1)(b)(ii) &2(3) | 11(1) | UK.D.1.1 | Yes Certain | GE185 (Patrick Holden).UKBC.AP.YC.docx | AP | Exercise 18 | Pgf b UK and Colonies therefore 12(1)a |
GE185 (Patrick Holden).UKBC.NR.YC.docx | NR | Pgm gained BSUKC by marriage before 01/01/1949 | ||||||
GE185 (Patrick Holden).UKBC.SR.YC.docx | SR | F BSUKC by descent (Sri Lanka went independent at 01/01/1949, an original 1(3) country). | ||||||
M gained BSUKC by marriage before 01/01/1949 | ||||||||
Applicant BSUKC as father by descent and father not Sri Lankan citizen. This is because fathers father was born outside Sri Lanka. | ||||||||
13(1) | - | 11(3) | UK.D.1.3 | Yes Certain | GE217 (Atul Bassano).UKBC.AP.YC.docx | AP | Exercise 21 | Pggf b in UK and Colonies before 01-01-1949 12(1)a |
GE217 (Atul Bassano).UKBC.NR.YC.docx | NR | Pggm b UK before 01-01-1949 12(1)a | ||||||
GE217 (Atul Bassano).UKBC.SR.YC.docx | SR | Pgf whilst British India was part of His Majesty's Dominions and Allegiance before 01-01-1949, thus BSBB, it was one of the original 1(3) countries and not part of the UK and Colonies so he gains his nationality under the 1948 Act by descent 12(2) | ||||||
Pgm b UK and Colonies before 01-01-1949 12(1)a | ||||||||
Fb in Native State India UK had ETJ there at that time so BSABB via his father he is potentially a citizen of India so can only have a 13(1) | ||||||||
M b in Native State India obtains her British nationality by marriage but as her husband only is a section 13(1) she can only be a 13(1) as her husband is potentially a citizen of India. | ||||||||
Applicant b in British India and thus is potentially a citizen of India so he also obtains 13(1) | ||||||||
Father Mother and Applicant decide that they wish to live in the UK and register as 12(6) in 1949 travelling forthwith to UK. | ||||||||
ROA | ||||||||
Pggf does not achieve any ROA as he has no connection there. | ||||||||
Pggm 2(1)a BSUKC born UK. | ||||||||
Pgf 2(1)b(i) BSUKC ROA from Mother. | ||||||||
Pgm BSUKC ROA from husband 2(2) rw. | ||||||||
Father becomes BSUKC via 12(6)and gains ROA from father 2(1)b(ii) | ||||||||
Mother also BSUKC VIA 12(6) ROA from husband 2(2) rw | ||||||||
Applicant also 12(6) cannot gain ROA from father | ||||||||
5(1)(a) & 23 | 2(1)(b)(ii) &2(3) | 11(1) | UK.D.1.1 | Yes Certain | GE265 (Callum McTavish).UKBC.AP.YC.docx | AP | Exercise 26 | Pgf b before 01/01/1949 in UK. BSUKC though 12(1)a and ROA through 2(1)a. Therefore BC 11(1) as is BSCUK and ROA at time of BNA1981 introduction. |
GE265 (Callum McTavish).UKBC.NR.YC.docx | NR | Pgm b before 01/01/1949 in UK. BSUKC though 12(1)a and ROA through 2(1)a. Therefore BC 11(1) as is BSCUK and ROA at time of BNA1981 introduction. | ||||||
GE265 (Callum McTavish).UKBC.SR.YC.docx | SR | F BSUKC by descent before 01/01/1949, therefore 12(2) and ROA by descent as 2(1)b(i). Therefore BC 11(1) as is BSCUK and ROA at time of BNA1981 introduction. | ||||||
M BSUKC by marriage before 01/01/1949, through 12(5) and ROA through marriage as 2(2) r/w 2(1)b(i) of husband. Therefore BC 11(1) as is BSCUK and ROA at time of BNA1981 introduction. | ||||||||
Applicant BSUKC by descent post 01/01/1949 from by descent father | ||||||||
5(1)(c) & 23 | 2(1)(b)(i) & 2(3) | 11(1) | UK.D.1.1 | Yes Certain | GE275 (Istvan Nagy).UKBC.AP.YC.docx | AP | Exercise 27 | Pgf registered Governor's residence Australia. BSBN At 01-01-49 potentially a citizen of Australia thus 13(1) at 26-01-1949 Australian |
GE275 (Istvan Nagy).UKBC.NR.YC.docx | NR | Pgm gains BSBM by her husband's naturalisation. At 01-01-1949 potentially a citizen of Australia thus 13(1) at 26-01-1949 does not become Australian because she had never been there so gains 13(2) | ||||||
GE275 (Istvan Nagy).UKBC.SR.YC.docx | SR | F b outside His Majesty's Dominions and Allegiance BSBD potentially a citizen of Australia thus 13(1). At 26-01-1949 does not become Australian because he had never been there and as long as he has not gained Romanian or Hungarian citizenship before he gains 13(2). | ||||||
M married to a BSUKC so registers 6(2) | ||||||||
Applicant b outside UK and Colonies gains 5(1)c as his father is a BS | ||||||||
- | - | 2(1)(b)-(c) | UK.D.2.5.2.1 | Yes Certain | GE345 (Antonio Evans).UKBC.AP.YC.docx | AP | Exercise 34 | Pgf b UK before 01/01/1949 therefore 12(1)a, ROA is 2(1)a and therefore 11(1)OTBD |
GE345 (Antonio Evans).UKBC.NR.YC.docx | NR | Pgm BSUKC through registration as a result of marriage, therefore 6(2), ROA through registration, as marriage before 28/10/1971, therefore 2(1)a. BC is 11(1) and has husband is OTBD, she is also OTBD. | ||||||
GE345 (Antonio Evans).UKBC.SR.YC.docx | SR | F b France, therefore BSUKC by descent as 5(1), ROA through descent as 2(1)b(i), therefore 11(1). As BSUKC and ROA are by descent 11(1) BD. | ||||||
M nationality through registration as a result of marriage, therefore 6(2). ROA through marriage as 2(2) r/w husbands 2(1)b(i). BC as 11(1), husband is by descent, therefore she is BD. | ||||||||
Applicant b outside UK to BC by descent parents. Father at time of applicants working for the EU in Belize under the Economic and Social Committee, therefore applicant OTBD. |