UKM Application

Hello All,

I need some help if you can offer it. I love London and I want very much to move there next year. I studied in London while in College.

I will be applying for British Citizenship via the UKM application. I understand that I will need to register for Citizenship and then do a passport. I realize that the process will take several months.

My problem is that I can't seem to get an answer as to what documents I will need to send in the application from the Embassy in DC. I have faxed, e-mailed and left a message...after 10 business days... I still have no answers.

In my case, I may need more documents as my mother was born in S. America to a British father. Her parent's were married at the time of her birth. My parent's were married at the time of my birth.

I was born in California in 1968. My mother is still a British Citizen.

Documents I do have:

My birth certificate and my US passport (both are originals)
My mother’s registration of birth at the British Consulate in Bogotá, Colombia (three originals-I think the first one issued in 1934 was her birth certificate)
My mother’s expired British passport (original)
My grandfather’s expired British passport (original)
My parent’s marriage certificate (original)
My grandparent’s marriage certificate (copy – will I need to order this one?)
My grandfather’s birth certificate (original of the short form & a copy of the long form)

My questions are:
    Which sections on the application are relevant for my situation?  Do I fill out sections 8 and 9 or do I leave those blank?

    Also, if I do need any marriage certificates, will I need to send you my parent’s marriage certificate or my grandparent’s marriage certificate or both? Is a copy okay….or will I have to somehow get an original?

    Thirdly, I have three different originals of what appear to be registration certificates of my mother's birth. One is dated 1934, which was done in handwriting right after she was born and the other two are dated 1958 (presumably for passports?) and the other in 1976. My mom has advised that she never had a birth certificate, per se, but perhaps the first one done in 1934 is in fact her birth certificate. Please advise if these are sufficient. I would hate to order this document from London only to be sent and charged for any of the same documents I already have on hand.

If anyone has gone thru this and can help..I could really use some advice

I applied for registration as a British citizen using the UKM application about 18 months ago.  It took about 4 months, start to finish, for my certificate of registration to be issued.  It only took a couple of weeks after that for me to receive my British passport.  I submitted the following:

My birth certificate (original)
My US passport (original)
My mother's LONG FORM birth certificate (original)
My mother's expired British passport (original)
My parents' marriage certificate

From reading your message, however, I'm not positive that you are eligible to apply for registration as a British citizen.  You say your mother was born in Colombia?  I believe that she had to be born either in the UK or colonies, or 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".  Check out the following link for the application guide: 

http://www.ind.homeoffice.gov.uk/ind/en/home/applying/british_nationality/application_forms/guide_to_registration.html

If you apply and are unsuccessful, they will retain the fee in order to pay processing costs, so you might want to double-check that you are eligible before spending the money.  I am by no means an immigration/nationality expert, so don't take my word for anything.  I would definitely suggest calling the Consulate in DC again.  I called them when I had a question about the application process, and within a few days they had called me back.

I hope I am in fact eligible...I thought I was...

Do you have to meet both (a) and (b) of the below to meet the second requirement?

A. You will meet the second requirement if at the time of your birth:

(a) your mother was a citizen of the United Kingdom and Colonies either:

(i) by birth, legal adoption, naturalisation or registration in the United Kingdom and Colonies; or

(ii) by birth, before 1 January 1949, 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( of the British Nationality Act 1948, but did not become a citizen of that country at birth.

I have just heard back from the Embassy and they are saying that as my mother acquired her citizenship by decent, she cannot pass this on to me....

As you can imagine this is very disappointing news....

If anyone has any information to the contrary, kindly advise.

Unfortunately, that was my impression as well; a mother who is a citizen by birth can pass on citizenship to her child born outside the UK, but a mother who is a citizen by decent cannot.

I think the part that is confusing is that it seems like you should be eligible under (a)(i), that is, at the time of your birth your mother was a UK citizen by registration.  However, it says "in the United Kingdom and Colonies".  So I think that registration in the UK would mean that your mother would have to have been born in the UK, but not to British parents which would make her a citizen by birth, and registered there.  But that's just my uninformed interpretation; you could try contacting them again to get clarification on what that means.

I agree, sorry about that.  The "citizenship by descent" and "otherwise than by descent" is confusing; the only way I was able to keep it straight is to remember that the citizenship conferred by UKM is "by descent", which means it's just through parents and can't be passed on to our kids (without going through the process to make them citizens).

Did you grow up in the UK?  You might be able to find some other way to get citizenship-before the Nationality Act passed that created UKM that's what my hubby's plan was-to get a lawyer and try to push it somehow, because he grew up there and his Mum was still there etc.

Sorry about the disappointing news... 

Thanks for your comments...will have to try and find another way to do this..Had I been born in the Commonwealth, I could have done the Right of Abode as my mom and grandfather were both British.

I was born in the US and grew up here.

Don't know what your profession is....have you looked into HSMP?  Are you in a shortage profession where someone might be willing to sponsor you for a work permit?  How about a graduate program at a university in the UK?  Just some ideas....

I can look into those..anyone think it'd be worthwhile to talk to an immigration lawyer...

Am temping right now but have really only been an admin assistant since graduation from college years ago.

Thanks for the suggestions, though..

Unfortunately, I don't think you'd get any different information from an immigration attorney than what you got from the British consulate.  I was in your position before the changes in immigration law that allowed me to become a British citizen, so I completely understand how frustrating the whole process can be.  I don't know where you currently live, but are there any companies you could go to work for that have offices in the UK?  It's extremely difficult to get an admin assistant level job with the gov't overseas, especially if you're not already a gov't employee, but it has been done, so that might be another possibility.  Also, I think there's something called the "Sectors Based Scheme" - don't know much about it but here's a link... http://www.workingintheuk.gov.uk/working_in_the_uk/en/homepage/work_permits/sector_based_schemes.html

My personal opinion (which really doesn't count for much as I know absolutely nothing about you or your situation) is that your best bet might be to look into a graduate program in the UK.  You can get US student loans for schooling in the UK (correct me if I'm wrong any of you students), you can work up to 20 hrs/week while attending school, and perhaps you can move into a shortage career that way....

Just my 2p....

It's worth considering..will look into both options..not going to do anything drastic re an attorney but it might be worth having at least an initial conversation..provided it doesn't cost an arm and a leg.

I am also going to start googling British firms in Los Angeles and see what kind of job I can land....

A very kind and informed poster  advised that I might be eligible after all for the UKM, as my grandfather was in Crown Service at the time of my mother's birth. The Embassy here in DC may not have been fully informed or did not care to advise me of this possible avenue for a positive outcome w/regards to my application.

I am so happy to know this and I am following some additional advice that was offered. I also called the Nationality Help Desk and they advised that I fax in my information and they will research and advise further.

Thirdly, I am going to contact two immigration lawyers to enquire about their rates. I have not yet decided that I will pursue this route due to the cost but it can't hurt to find out what they have to offer.

If anyone else might know more about a grandparent being in Crown Service, kindly advise...Will keep you posted...

That is good news!

I found this:

"8. A person born outside the United Kingdom (see Note A) before 1 January 1983 who became a British citizen on that date (see Note E) is a British citizen otherwise than by descent if:

* the person's father was, at the time of the person's birth, serving outside the United Kingdom in Crown service (see paragraph 9), in service which at any time is designated by the Home Secretary (see paragraph 10), or in service under a European Community institution (see paragraph 11); and
* he was recruited to that service in the United Kingdom (see Note A) in the case of Crown or designated service, or in a country which was at the time of recruitment a member of the European Communities (see Note D) in the case of service with a Community institution.

A person who is a British citizen otherwise than by descent can automatically pass on British citizenship to any children he or she may have in future outside the United Kingdom and qualifying territories."

Source here

To me, that says that your mother is a citizen otherwise than by decent, and can pass on citizenship to you if your father was in Crown Service at the time she was born.  It seems that she need not have been registered because her citizenship would have been automatic, so maybe that document you have is her birth certificate?

Let us know how it goes!