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Entitled to a British passport if born in canada?

Entitled to a British passport if born in canada?

Old Aug 11, 06, 9:52 pm
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Entitled to a British passport if born in canada?

I was hearing about this from a person I know, and I don't think it's true. Is it?
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Old Aug 11, 06, 10:01 pm
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To parents of what nationality or nationalities?
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Old Aug 11, 06, 10:03 pm
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Originally Posted by rkkwan
To parents of what nationality or nationalities?
Born to americans, but under some new british territories law that entitles citizens of territories to become citizens
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Old Aug 11, 06, 10:40 pm
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I hate to be ignorant but since when is Canada a British territory?
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Old Aug 11, 06, 10:44 pm
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I don't think it is, unless one of the parents (or the father) is a British-born citizen. If the person was born before 1948, he or she would have been a British subject but after that, everyone became a Canadian citizen.

See
http://www.ind.homeoffice.gov.uk/app...nality/advice/
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Old Aug 11, 06, 11:19 pm
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Originally Posted by YVR Cockroach
I don't think it is, unless one of the parents (or the father) is a British-born citizen. If the person was born before 1948, he or she would have been a British subject but after that, everyone became a Canadian citizen.

See
http://www.ind.homeoffice.gov.uk/app...nality/advice/
Thanks! i knew after a certain point everyone became canadain just didn't know exact date!
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Old Aug 12, 06, 7:05 am
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If you have a grandparent that was born in the UK, you have a right of residency. Live there for 5 years (and work) under that right, you now become eligible for a British passport IF you chose to take out British Citizenship.
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Old Aug 12, 06, 9:30 am
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Originally Posted by MapleLeaf
If you have a grandparent that was born in the UK, you have a right of residency. Live there for 5 years (and work) under that right, you now become eligible for a British passport IF you chose to take out British Citizenship.
can you please tell me what "right of residency " means in the real world ...
and how would you sign up for it ?

My grandmother was born in England in the 1890s ,

Not that I am planning on moving to the UK, but its nice to have options

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Old Aug 12, 06, 9:41 am
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Right of residency to the UK means that if you have your grandmother's birth certificate, your parents birth certificate, your birth certificate and marriage certificates proving that you are indeed the grandchild of the person born in the UK, then the UK will let you take up residency and work without difficulty.

I believe it is ancestral rights or something like that, which allows you to do this. I was planning on moving to the UK 2 years ago and collected all the paperwork, in fact I still have it. A gentleman from the UK High Commission told me that I would be given an initial visa for 4 years, after that they would renew it for an additional period of time if I proved I contributed to the UK economy (namely I paid taxes).

Upon being in the UK for 5 years, I could apply for British Citizenship and then get my British passport.

It is all quite easy, and civilised.

Now I notice you are in the US; the rules above apply for residents of countries in the commonwealth, I don't know how they work for non-commonwealth citizens.
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Old Aug 12, 06, 11:34 am
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Originally Posted by Bullsman89
I hate to be ignorant but since when is Canada a British territory?
It is not now, but it was until 1982, when they were granted sovereignity. Although they are now a sovereign nation, they are still a monarchy, and the Queen of Canada happens to be the Queen of Britain.

From the website of the Canadian Parliament
Canada is a democracy, a constitutional monarchy. Our head of state is the Queen of Canada, who is also Queen of Britain, Australia and New Zealand, and a host of other countries scattered around the world from the Bahamas and Grenada to Papua New Guinea and Tuvalu. Every act of government is done in the name of the Queen, but the authority for every act flows from the Canadian people.
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Old Aug 12, 06, 1:28 pm
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no marriage certificate

Originally Posted by MapleLeaf
Right of residency to the UK means that if you have your grandmother's birth certificate, your parents birth certificate, your birth certificate and marriage certificates proving that you are indeed the grandchild of the person born in the UK, then the UK will let you take up residency and work without difficulty.
My grandmother was British but she emigrated to Canada at some point and married a Canadian. She had 2 children in Canada, one of whom went on to become my father....only it was the freewheeling 70's and my parents didn't get married. As a matter of fact a name is not even written in as my father on the birth certificate....

Could I use a combo of birth certificates/marriage licensce and DNA tests to prove that I was related to him and he was the child of a UK subject?

Last edited by Northern_Autumn; Aug 12, 06 at 1:29 pm Reason: clarity
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Old Aug 12, 06, 10:44 pm
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Originally Posted by MapleLeaf
Right of residency to the UK means that if you have your grandmother's birth certificate, your parents birth certificate, your birth certificate and marriage certificates proving that you are indeed the grandchild of the person born in the UK, then the UK will let you take up residency and work without difficulty.
Note the italicised requirement. Until recently, the U.K. government didn't look kindly on the rights of ba$tard$.
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Old Aug 12, 06, 10:58 pm
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Originally Posted by clarence5ybr
It is not now, but it was until 1982, when they were granted sovereignity. Although they are now a sovereign nation, they are still a monarchy, and the Queen of Canada happens to be the Queen of Britain.
I hate to point out your error but Canada had sovereignty way before 1982. Self-governing since 1867 and gradually became more independent until 1937 when the Statute of Westminster formalised earlier Imperial Conferences which gave equal footing to all Dominions (namely, Canada, Australia, New Zealand and South Africa) with the British parliament. These Dominions were free to do as they pleased from that date (militarily and as far as foreign affairs went). As an example, the U.K. was humiliated during the Suez crisis of 1956 when Canada and Australia refused to support its invasion and occupation of the Suez canal. The Canadian "foreign minister" of the day, Lester B. Pearson (who won the Nobel Peace Prize for his efforts and later became a much-respected Prime Minister) proposed the United Nations sent peacekeeping troops to Egypt (Pearson in effect created U.N. peacekeeping).

What happened in 1982 was the formal repatriation of the Canadian constitution. It was the British North America Act (1867) that governed the basic laws before that and it bought Upper Canada (Ontario), Lower Canada (Quebec), Nova Scotia and New Brunswick into confederation. The BNA Act was repatriated with only the consent of 9 provinces which causes problems to this day.

Last edited by YVR Cockroach; Aug 12, 06 at 11:05 pm
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Old Aug 12, 06, 11:26 pm
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Originally Posted by Northern_Autumn
My grandmother was British but she emigrated to Canada at some point and married a Canadian. She had 2 children in Canada, one of whom went on to become my father....only it was the freewheeling 70's and my parents didn't get married. As a matter of fact a name is not even written in as my father on the birth certificate....

Could I use a combo of birth certificates/marriage licensce and DNA tests to prove that I was related to him and he was the child of a UK subject?
I seriously think you are totally SoL as far as going down the road of pursuing right of abode in Britain given your circumstances. IIRC, it was only from 1983 that a person could claim British citizenship from a legitimate mother (it has to be claimed through a legitimate father), and it only applied to persons born after the new citizenship law was passed/enacted (there seem to be certain dates so it seems to matter when you were born). You could always check with a British immigration lawyer.

Better to pursue citizenship of another E.U. member country if you are able. For example, my partner's nephews could pursue British right of abode through their (legitimate) Canadian-born mother who is a child of British citizens by birth. Not worthwhile as they now have Austrian citizenship through their (legitimate) Canadian-born father (not to mention probably having the better/safer passport) which would give them all the rights, if not more, than British riht of abode would give in the U.K.

Last edited by YVR Cockroach; Aug 12, 06 at 11:32 pm
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Old Aug 14, 06, 11:42 am
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Originally Posted by Northern_Autumn
My grandmother was British but she emigrated to Canada at some point and married a Canadian. She had 2 children in Canada, one of whom went on to become my father....only it was the freewheeling 70's and my parents didn't get married. As a matter of fact a name is not even written in as my father on the birth certificate....

Could I use a combo of birth certificates/marriage licensce and DNA tests to prove that I was related to him and he was the child of a UK subject?
The main rules relating to leave to enter/remain on the grounds of ancestry are paragraphs 186-193 of the Immigration Rules. You also need to have a look at paragraph 6 (interpretation).

If you are serious about doing this, then you will need to have an entry clearance (basically, a visa) before you go to the UK (see the requirement at paragraph 186(vi)). The process of applying for an entry clearance will allow you to sort out with the Consulate exactly what you do and do not need, and whether or not you qualify.

Usual disclaimers: This is not formal legal advice and is not intended to be relied on, etc etc. If in any doubt, you should get your own legal advice tailored to the facts of your case from someone who's in a position to take full instructions from you.
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