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Discussion Starter · #1 ·
hi there.

My mother has a british pasport, she was not born in england, but grew up in zambia when it was a british protectorate. Now for some reason this is not able to be passed down onto me, why is this so.

yours kindly
JR
 

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hi there.

My mother has a british pasport, she was not born in england, but grew up in zambia when it was a british protectorate. Now for some reason this is not able to be passed down onto me, why is this so.

yours kindly
JR
It has to be on your fathers side to my understanding these days
 

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hi there.

My mother has a british pasport, she was not born in england, but grew up in zambia when it was a british protectorate. Now for some reason this is not able to be passed down onto me, why is this so.

yours kindly
JR
Yes, this is not a new case at all. There was a similar case two year ago of a lady who was born in South Africa and her mother was British but not the father.She tried to apply for a British nationality and due to similar circumstances she could not get it even when she moved to the UK.However she made a campaign on her case which was followed up by the BBC and the UK home office finally made a U-turn and changed the law however i am not sure if it was only for one case or for everyone with similar cases.She finally got her B-nationality.

Its a discrimination against women and the UK government made a promise to change that law but i am not sure when.Try to make your own research and even write to the UKBA.

tmash
Propertyscannersite-UK's new property search and information web services site
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My mother has a british passport, she was not born in england, but grew up in zambia when it was a british protectorate. Now for some reason this is not able to be passed down onto me, why is this so.
Because your mother is British by descent. Only those who are British otherwise than by descent (effectively born, adopted or naturalised in UK) can pass on their nationality to their children born outside UK.
You can register (or could have registered, depending on your age) as British citizen if you have lived in UK with your parents for 3 years before you are 18. Or if you mother had lived in UK for 3 years before giving birth to you.
Zambia was formerly a British protectorate as you say, and after independence in 1964, it became a sovereign nation. If your mother had been born in the Falklands or Gibraltar, which are still British overseas territories, then she would have been British otherwise than by descent and you would have been British from birth.
If you no longer qualify for registration as British citizen, your only chance of a British passport is naturalisation after living in UK for 5 years (if married to a Brit) or 6 years.
 

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hi there.

My mother has a british pasport, she was not born in england, but grew up in zambia when it was a british protectorate. Now for some reason this is not able to be passed down onto me, why is this so.

yours kindly
JR
Adding to my earlier reply about the change of law by the UK government.Here is a link which backs that up:First contact......actually , first contact is available in RSA you can contact them directly.This law has finally changed on the 13th of January 2010 as i was expecting it.

Whilst the law is very unclear on the persons like you whose moms were not born in the UK yet are British ,i simple do not think that there will be further discrimination to cases like yours.

Good luck.
Tmash
Propertyscannersite-UK's new property search and information web services site
UK classified property site.

tmash
 

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Adding to my earlier reply about the change of law by the UK government.Here is a link which backs that up:First contact......actually , first contact is available in RSA you can contact them directly.This law has finally changed on the 13th of January 2010 as i was expecting it.

Whilst the law is very unclear on the persons like you whose moms were not born in the UK yet are British ,i simple do not think that there will be further discrimination to cases like yours.
I don't think the cases you quote are really relevant to the OP's situation at all. They deal with those born outside of UK of British mothers born in UK before 1961, where because of the 1948 British Nationality Act they were not eligible to inherit British nationality from the mother's side. The Asylum and Immigration Act of 2002 made it possible for those born between 1961 and 1973, and the Borders, Citizenship and Immigration Act of 2009 has enabled those born before 1961 eligible for registration as British citizens.
The OP's case hinges on two definitions of British Citizenship under the 1981 law, where those who are British by descent cannot automatically pass on their nationality to their children born outside of UK. I have outlined some of the ways in which the OP can register as British.
I don't blame you, as British nationality law is perhaps the most complicated in the world!
 

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Discussion Starter · #8 ·
hello hello.

Thank you very much for the interesting information. i will need to follow up on the links and information.

there is more to the story and perhaps more information to follow.. this is a very informative sight.

i am in the process of getting married to a french national, and we are planning to move to france, now i have 2 options, either i must try to get british nationality as my mother does have this, or now i need to apply for the ability to stay in france on my soon to be wifes passport, my sister currently lives in london on a highly skilled migrant workers visa, now to be living in france, on a french visa because of my wife, i will need to apply for visas to visit my sister and family in britain, not to mention the backward and forwardsing that is going to happen in the next year.

Get married on a holiday in france, back to south africa to wait for a visa, and then back to france to start to live again. it is alot of travel which is not cheap these days not to mention the cost of leaning french and time to find employment.

i have been getting information from the french expat part of this site that has given me all the information that i need for the things that i need to do for the french side of things.. i was thinking that alot of running around could be saved by just trying to apply for british nationality straight away, for me and my sister.

I did know that it could not be passed down through the mother, but as you say this is discrimination. i just could not understand why one would have a law like this. i will follow up and let you know how it goes..

yours kindly
jr
 
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