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    • UKSBD
    • By UKSBD 17th Apr 18, 11:11 PM
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    UKSBD
    Is my wife British?
    • #1
    • 17th Apr 18, 11:11 PM
    Is my wife British? 17th Apr 18 at 11:11 PM
    My wife was born in Kenya in 1971

    Her father is British, mother I assume was British although she was born in Hong Kong and spent early years in Hong Kong then East Africa, before family (including my wife) moved to UK in 1974

    With all this Windrush stuff in the news my wife is now worried whether she is British or not.

    I told her that I assume that as her father was British she is, but she can't remember ever seeing any documentation anywhere.

    Is someone automatically British under circumstances I describe?
Page 1
    • thorsoak
    • By thorsoak 17th Apr 18, 11:13 PM
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    thorsoak
    • #2
    • 17th Apr 18, 11:13 PM
    • #2
    • 17th Apr 18, 11:13 PM
    Was her birth registered with the British Consul/Embassy in the country where she was born? I would imagine that with her father being British, that this would have been the case.
    • UKSBD
    • By UKSBD 17th Apr 18, 11:36 PM
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    UKSBD
    • #3
    • 17th Apr 18, 11:36 PM
    • #3
    • 17th Apr 18, 11:36 PM
    Was her birth registered with the British Consul/Embassy in the country where she was born? I would imagine that with her father being British, that this would have been the case.
    Originally posted by thorsoak
    She has no idea but I would have thought so.
    Her Grandparents were in the legal divisions of one of the consuls so I would assume everything was done correct. I've no idea how these things work though.

    I'll tell her to have a word with her father, I'm sure that will put her mind at rest a bit, she's got it in her mind now that someone's going to come round and send her back to Kenya
    • mgdavid
    • By mgdavid 18th Apr 18, 12:22 AM
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    mgdavid
    • #4
    • 18th Apr 18, 12:22 AM
    • #4
    • 18th Apr 18, 12:22 AM
    She has no idea but I would have thought so.
    Her Grandparents were in the legal divisions of one of the consuls so I would assume everything was done correct. I've no idea how these things work though.

    I'll tell her to have a word with her father, I'm sure that will put her mind at rest a bit, she's got it in her mind now that someone's going to come round and send her back to Kenya
    Originally posted by UKSBD
    Has she not got a copy of her birth certificate?
    What does it say, where was it issued and who by?
    The questions that get the best answers are the questions that give most detail....
    • Savvy_Sue
    • By Savvy_Sue 18th Apr 18, 1:33 AM
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    Savvy_Sue
    • #5
    • 18th Apr 18, 1:33 AM
    • #5
    • 18th Apr 18, 1:33 AM
    It's also going to depend on when she was born and why her parents were in Kenya at the time.

    Does she have a passport? If she does, and there are no restrictions in it, that settles it. If she doesn't, it would be worth looking at the questions asked when completing a passport application ...
    Still knitting!
    Completed: 1 adult cardigan, 3 baby jumpers, 3 shawls, 1 sweat band, 3 pairs baby bootees,
    1 Wise Man Knitivity figure + 1 sheep, 2 pairs socks, 2 hats 2 balaclavas for seamen, 1 balaclava for myself ...
    Current projects: Poppies, mohair cardigan pattern arrived and going strong!
    • TonyMMM
    • By TonyMMM 18th Apr 18, 8:28 AM
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    TonyMMM
    • #6
    • 18th Apr 18, 8:28 AM
    • #6
    • 18th Apr 18, 8:28 AM
    The birth would be registered in Kenyan records and then the parents had an option to additionally regsiter it with the British Embassy/Consulate. Whether that happened or not has no effect on British citizenship. But if it did happen it will mean a "birth certificate" can be obtained through the General Register Office in the UK, rather than having to apply in Kenya.
    • Pollycat
    • By Pollycat 18th Apr 18, 8:54 AM
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    Pollycat
    • #7
    • 18th Apr 18, 8:54 AM
    • #7
    • 18th Apr 18, 8:54 AM
    She has no idea but I would have thought so.
    Her Grandparents were in the legal divisions of one of the consuls so I would assume everything was done correct. I've no idea how these things work though.

    I'll tell her to have a word with her father, I'm sure that will put her mind at rest a bit, she's got it in her mind now that someone's going to come round and send her back to Kenya
    Originally posted by UKSBD
    If it were me, I'd want something a bit more concrete to verify my nationality than what someone - even a close relative - says happened or was done.
    • theoretica
    • By theoretica 18th Apr 18, 6:28 PM
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    theoretica
    • #8
    • 18th Apr 18, 6:28 PM
    • #8
    • 18th Apr 18, 6:28 PM
    Were her parents married when she was born?
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
    • clairec79
    • By clairec79 18th Apr 18, 6:54 PM
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    clairec79
    • #9
    • 18th Apr 18, 6:54 PM
    • #9
    • 18th Apr 18, 6:54 PM
    Does she have a British passport? If so then she has British nationality and is ok (a lot of the issues with the windrush generation apparently is that they arrived on their parents passport rather than their own - Floella Benjamin was saying she is only ok because she didn't travel with her parents, so had her own passport and therefore has proof)

    My birth certificate states I'm a British citizen and is registered with the consulate - there is a service on find my past about births registered abroad -however I don't think Kenya is one of the countries that is indexed on there as I just tried to find my aunt on there and she's not listed
    • dekaspace
    • By dekaspace 18th Apr 18, 9:51 PM
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    dekaspace
    Something similar happened with my mother a few years ago, my grandfather was in the army and whilst she has a foreign birth certificate there was some issue we found as he didn't declare something when he came back to UK, did say something though that she could get a passport in the nationality she was born.


    Bearing in mind parents are as of now married over 40 years we were told its not a issue anyway.
    • UKSBD
    • By UKSBD 19th Apr 18, 1:42 PM
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    UKSBD
    Thanks all

    She's had a passport in the past, has a National Insurance and NHS number so we are assuming everything is fine.

    She just has no other documentation anywhere that she knows about.

    We don't even know what documentation if any is required.

    If she applied for a job, told employer she was born in Africa, what would they actually ask for and would just a NI number be all that was required?
    • Pollycat
    • By Pollycat 19th Apr 18, 1:47 PM
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    Pollycat
    If she was only 3 when her family moved to the U K, does she have certificates from school - GCE, CSE, GCSE?

    Does she have a work record?
    • Voyager2002
    • By Voyager2002 19th Apr 18, 1:58 PM
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    Voyager2002
    Her Grandparents were in the legal divisions of one of the consuls so I would assume everything was done correct. I've no idea how these things work though.
    Originally posted by UKSBD
    That might make a big difference: people who are abroad as "Crown Servants" are treated as if they were in the UK when it comes to issues such as this.
    • Voyager2002
    • By Voyager2002 19th Apr 18, 2:00 PM
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    Voyager2002
    Thanks all

    She's had a passport in the past, has a National Insurance and NHS number so we are assuming everything is fine.
    Originally posted by UKSBD
    See if you can find that passport and see exactly what it says.

    She would probably need to show a valid passport to any employer before being given a job: and of course would need a passport to travel abroad.
    • UKSBD
    • By UKSBD 19th Apr 18, 2:05 PM
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    UKSBD
    She has all the usual school certificates, but hasn't had a passport for 25+ years, no idea where it is and thinks it may have been a family one as she was only about 17 last time she went abroad.
    • arielsmelody
    • By arielsmelody 19th Apr 18, 3:53 PM
    • 43 Posts
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    arielsmelody
    I found this website by searching online
    https://www.immigroup.com/news/can-i-get-british-passport


    Going on the information there, as long as her parents were married it looks to me that in 1971, your wife would have inherited her father's nationality even though she was born abroad.


    It's probably worth going to an immigration lawyer and making sure she finds as much information as possible now before any more gets lost, so that she can be sure of her situation.
    • donnac2558
    • By donnac2558 19th Apr 18, 3:57 PM
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    donnac2558
    At 16 she would have needed her own passport to travel abroad. I know because my mum waited until my 16th birthday to apply for one for me to visit Canada. I could no longer travel on her passport. this was back in the 70s.

    This is the problem they changed the rules in the 00s and people who thought they were legal are now told they no longer are.

    I remember Spike Milligan. His father served in the British army in India and Spike was born there. Also considered British had passport worked etc. Then suddenly the rules changed and he was told no he could not have a British passport and was Irish. His father originally came from there but lived in the UK and served in the army for most of his adult life
    • Savvy_Sue
    • By Savvy_Sue 19th Apr 18, 5:47 PM
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    Savvy_Sue
    If she's thinking of ever getting a job, a valid passport is the easiest way of proving her Right to Work in the UK. So I'd encourage her to apply for one now: not being able to find one she had 25 years ago shouldn't be a huge issue!

    without a valid passport, there are other 'proofs' she can give but it will be a bit of a nightmare ... and I am sure some employers will be completely and utterly bewildered at being offered anything other than a passport.

    Proof of her NINo is not a lot of help. Driving licence ditto. Neither proves RTW: NINo just proves that at some point she was entitled to a NINo and may have worked, and driving licence just proves she's lived here long enough to pass a UK driving test.
    Still knitting!
    Completed: 1 adult cardigan, 3 baby jumpers, 3 shawls, 1 sweat band, 3 pairs baby bootees,
    1 Wise Man Knitivity figure + 1 sheep, 2 pairs socks, 2 hats 2 balaclavas for seamen, 1 balaclava for myself ...
    Current projects: Poppies, mohair cardigan pattern arrived and going strong!
    • UKSBD
    • By UKSBD 19th Apr 18, 8:44 PM
    • 581 Posts
    • 185 Thanks
    UKSBD
    Her parents were married when she was born and her father is British.

    Pretty sure she qualifies as a British citizen, it's how to prove it if anyone asks that she is worried about.
    • susancs
    • By susancs 19th Apr 18, 9:21 PM
    • 3,837 Posts
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    susancs
    Her parents were married when she was born and her father is British.

    Pretty sure she qualifies as a British citizen, it's how to prove it if anyone asks that she is worried about.
    Originally posted by UKSBD
    If your wife applied for a British passport and got one that would prove her citizenship. She would need her birth certificate, marriage certificate docs etc and her Dads birth certificate and marriage certificate. She can always order certified copies if she has not got her fathers documents.
    Last edited by susancs; 21-04-2018 at 7:08 AM.
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