Anonymous
Anonymous asked in Politics & GovernmentEmbassies & Consulates · 9 years ago

Am I a Citizen of the United Kingdom and Colonies? Do I Have The Right of Abode?

I was born in 1974 when Saint Vincent and the Grenadines was a colony/associated state, before it became independent on 27th October 1979. today Saint Vincent is one of 16 countries that holds Queen Elizabeth II as Monarch and Head of State, and also recognizes Dual Nationality. my mother and father was born in 1948, one year before the British Nationality Act of 1948 came into effect on 1 January 1949. My maternal grandmother was born in 1929(her father and grandfather were from Scotland). my paternal grandmother was born in 1921

According to Chapter VII of my constitution; it seems that anyone born before the commencement(including both my parents, grandparents etc.) kept their status as a citizen of United Kingdom and Colonies while becoming a citizen of St. Vincent, but I am not to sure. according to Guide RS1, If you registered as a citizen of the United Kingdom and colonies in a country before the day of independence you will not have a qualifying connection. I've read the British Nationality Acts of 1948 and 1981, as well as my Constitution of Saint Vincent 1979. here's Chapter VII Section 90. (1) of my constitution below, dealing with people who become citizens on 27/10/1979. can someone give me their interpretation as to what it really says?

CONSTITUTION OF SAINT VINCENT AND THE GRENADINES 1979

CHAPTER VII

CITIZENSHIP

Persons who become citizens on 27th October 1979.

90. (1) Every person who, having been born in Saint Vincent, is immediately before the commencement of this Constitution a citizen of the United Kingdom and Colonies shall become a citizen at such commencement.

(2) Every person who, immediately before the commencement of this Constitution, is a citizen of the United Kingdom and Colonies-

a. having become such a citizen under the British Nationality Act 1948 (a) by virtue of this having been naturalized in Saint Vincent as a British subject before that Act came into force; or

b. having while resident in Saint Vincent become such a citizen by virtue of his having been naturalized or registered under that Act,

shall become a citizen at such commencement.

(3) Every person who, having been born outside Saint Vincent, is immediately before the commencement of this Constitution a citizen of the United Kingdom and Colonies shall, if his father or mother becomes, or would but for his death or the renunciation of his citizenship of the United Kingdom and Colonies have become,a citizen by virtue of subsection (1) or subsection (2) of this section, become a citizen at such commencement.

(4) Every woman who, having been married to a person who becomes, or but for his death or the renunciation of his citizenship of the United Kingdom and Colonies would have become, a citizen by virtue of subsection (1), (2) or (3) of this section, is a citizen of the United Kingdom and Colonies immediately before the commencement of this Constitution shall become a citizen at such commencement.

Update:

So basically, at the commencement of my constitution I lost my status as a Citizenship of the United Kingdom and Colonies. but why didn't it say so, after all we do recognize dual nationality. I was reading something about that on the UKBA website on the nationality instructions; about people who had to give up CUKC in order to gain another citizenship. I already knew I lost the British subject status, I just wanted to know if even after independence, was I still a citizen of the united kingdom and colonies. so not fair, I was only 5 years old at independence, and they took away my citizenship

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  • Rory M
    Lv 5
    9 years ago
    Favorite Answer

    Very interesting.

    St. Vincent ceased to be a British colony on 27th October 1979, therefore you ceased to be a BSCUKC and became a St. Vincentian citizen automatically on 27 Oct 1979 unless you have specified ties with the UK.

    Dual nationality is accepted in St. Vincent. If you acquire another citizenship you do not lose your St. Vincentian citizenship.

    You can apply for a UK skilled migrant visa (subject to eligibility criteria) after 5 years of residence you can apply for naturalisation as a British citizen or 3 years if married to a British citizen and you are living in the UK

    Your PM at that time requested HM Queen Elizabeth II 'on behalf of the St. Vincentian people' to be an independent country, without a referendum. like most of former english-speaking Caribbean countries who are now independent because of the same practice. Now your current PM wants St. Vincent to become a republic, even though he lost in referendum.

    British nationality law can be really complex, due to Britain's imperial power in the 19th and 20th century, but here I've sorted out for you.

    Your maternal grandmother and your mother are eligible for British citizenship, However, you do not.

    You were born as a 'British subject: Citizen of the UK and Colonies', a citizenship created under the British Nationality Act 1948, you became automatically a St. Vincentian citizen on 27th October 1979 under the provision 90(1) of the St. Vincentian constitution.

    The only way you would have retained your BSCUKC status is by having a 'qualifying connection to the United Kingdom' such as parent, grandparent born or naturalised in the UK or in any British Overseas Territory. If you do, you became a British Citizen under the British Nationality Act 1981, or if you did not acquired St. Vincentian citizenship (which is highly unlikely) and do not have 'specified ties' with the UK you became a British Overseas Citizen on 1981 (a BOC is a British national without the right of abode in the UK)

    St. Vincent is a constitutional monarchy with parliamentary democracy, In St. Vincent, Queen Elizabeth II, is the Queen of St. Vincent and the Grenadines (not UK) she is represented by the Governor General

    Commonweath countries with the Queen as a Head of State are called 'Commonwealth Realms' such as Australia, New Zealand, Grenada, Barbados, Tuvalu, Cook Islands, Fiji, Canada, Bahamas, St. Vincent and Grenadines and other more.

    British Overseas Territories also have the Queen as Head of State, such as Bermuda, Anguilla, Montserrat, Turks and Caicos, British Virgin Islands, Cayman Islands, St. Helena, Falkland Islands, Pitcairn Islands.

    Your mother and grandmother can apply for British citizenship at the British Honorary Consulate in St. Vincent

    Based on your mother she'll have to bring:

    * Original passport

    * Original Long-form birth certificate

    * Original marriage certificate

    * Mother's Original marriage certificate

    * Parents Marriage Certificate

    * Grandfather's UK birth certificate

    * Grandparents marriage certificate

    * Fee

    * Application form

    If her parents and/or grandparents were not married or your mother or grandmother were born out of wedlock they do not qualify for British citizenship

    If you still feel you've retained British citizenship, you can submit an application to the British Honorary Consul, and he'll send it to the Home Office London, the form is called confirmation of British nationality status, they will decide whether you qualify or not for British citizenship. confirmation cost 80 GBP and you must sent original documents to proof you believe you've retained your status.

    Important links

    http://www.fco.gov.uk/en/travel-and-living-abroad/... (British Honorary Consulate)

    http://ukba.homeoffice.gov.uk/sitecontent/applicat... (Confirmation of British nationality status)

    Source(s): British Nationality Law
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  • 4 years ago

    For the best answers, search on this site https://shorturl.im/axmvR

    A British subject is not the same thing as a Citizen of the United Kingdom and Colonies (CUKC). The status of CUKC was introduced on 1/1/49 when some former colonies, notably Canada, had introduced their own citizenship but still retained the status of British subject. CUKC was introduced to give equivalent status in the UK and other countries that were still part of the British Empire. It and the status of British subject were abolished on 1/1/83 and replaced with "British citizen" for people connected with the UK itself, "British Overseas Territories citizen" for people connected with a British Overseas Territory (that is, the remaining small colonies), and "British Overseas citizen" for any CUKC who doesn't fit into either of those. (Actually there are still a very few British subjects who "fell through loopholes in the law" but they will all soon be dead.) If your mother was born before 1/1/49 she would have been a British subject then. On 1/1/49 she would have additionally become a CUKC. Or if she was born after that, she would have been both from birth. The next point to consider is, was she a CUKC at the time of your birth? If you were born after Guyana became independent, your mother may not have been one at that time. The Guyana Independence Act 1966 provided that if she became a citizen of Guyana on independence, she would have lost the status of CUKC on Independence Day, though there are a few exceptions. If that is the case, then she wasn't a CUKC at the time of your birth and you can't register as a British citizen. I would also point out that to be a British citizen requires a significant connection with the UK such that if you had been a CUKC when you were born, you would also have had the right of abode in the UK. Specifically, you need to have lived in the UK for 5 years before 1983 and become settled in the UK by the end of that time. Full details of the requirements are in Guide UKM that goes with the form, and the Guide points out that many applications fail because of not meeting this requirement.

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  • 4 years ago

    This Site Might Help You.

    RE:

    Am I a Citizen of the United Kingdom and Colonies? Do I Have The Right of Abode?

    I was born in 1974 when Saint Vincent and the Grenadines was a colony/associated state, before it became independent on 27th October 1979. today Saint Vincent is one of 16 countries that holds Queen Elizabeth II as Monarch and Head of State, and also recognizes Dual Nationality. my mother and...

    Source(s): citizen united kingdom colonies abode: https://shortly.im/oq70Z
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  • 4 years ago

    The citizenship of the UK and colonies was created through the British Nationality Act 1948, people from the UK and colonies were: 'British Subject: Citizen of the UK and colonies'. the CUKC status was replaced by three categories of British nationality under the British nationality act 1983: British citizen, British dependant overseas territories citizen and British overseas citizen British Citizen: is for people who have been born, registered, naturalised in the UK; and to first generation people born abroad to a British-born or naturalised father in the UK. British citizens are EU citizens, The only British citizens who are not EU nationals are the people from the Isle of Man and the Channel Islands, this territories are known as 'Crown Dependencies' not Overseas Territories like Gibraltar or Falkland Islands; the difference is that the 'Crown Dependencies are part of the UK itself, while overseas territories are not. British Dependant Territories Citizen, now is known as British Overseas Territories Citizen (BOTC) is for people who have been born, descent, registered or naturalised in a place which remained a British overseas territory (e.g. Bermuda, Gibraltar, Anguilla, Montserrat, Cayman Islands, British Virgin Islands, St. Helena, Falkland Islands and so on). They are not EU nationals and do not have the right of abode in the UK, From 2002, BOTC nationals, became elegible to register for full British citizenship, making them full EU citizens British Overseas Citizen: it is for people who were born in a place that was part of the United Kingdom but they did not become citizens of that independent country, they were given this status because they do not have enough ties with the UK, and do not have the right of abode in the UK (e.g. Kenya) After 1997, when Hong Kong a former UK colony, was transferred to China, the British government created a nationality status for people who wanted to retain their British status known as British National (Overseas) or best known as BN(O), they are British but with the right of abode in Hong Kong. Your mother, became automatically a Guyanese national, on 26 May 1966, and lost her British status, the only way she could have retained her status is by having a parent or grandparent born, registered or naturalised in the UK or a place which remained a British overseas territory.

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  • 9 years ago

    Yes you are welcome in the UK

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