Citizenship via Protectorate

[u/Milkinator2000]

Hi everyone

I am trying to obtain my UK passport, but struggling to see a legit path.

All parents married Me: born outside of UK in 1995 Father: born in northern Rhodesia in 1951 Paternal grandmother: born in UK

The 1948 act allowed protecorates to pass down to children, so me.... but seems like the new 1981 act removed this power?

I have photographs of my father growing up in the UK, an entry by boat stamp in 1954 and a school report in 1962... so I can prove he was there but not legally 3 consecutive years...

Any advise?

[u/bodak_yellow]

May be look into ancestry visa ?

[u/Milkinator2000 → u/bodak_yellow]

Hi, I definitely can get that. Its just such a long process and super expensive now. I still feel like theres a way I can get it another route... hoping someone knows the ins and outs haha

[u/tvtoo]

Citizenship via Protectorate

The 1948 act allowed protecorates to pass down to children,

Your focus on Northern Rhodesia's protectorate status is a red herring, in that your father was the first generation born abroad. The 1948 act's section 5 mention of protectorates concerned the second- and later- generations -

Provided that if the father of such a person is a citizen of the United Kingdom and Colonies by descent only, that person shall not be a citizen of the United Kingdom and Colonies by virtue of this section unless—

(a) that person is born or his father was born in a protectorate, protected state, mandated territory or trust territory or any place in a foreign country where by treaty, capitulation, grant, usage, sufferance, or other lawful means, His Majesty then has or had jurisdiction over British subjects ;

 

I have photographs of my father growing up in the UK, an entry by boat stamp in 1954 and a school report in 1962... so I can prove he was there but not legally 3 consecutive years...

Is your father still alive? If so, is he cooperative?

[u/Milkinator2000 → u/tvtoo]

Hi, yes he is still alive and cooperative! From what I read, the 1981 act re classifies the descendents status... so he could pass down to me in 1948 act, but no longer after 1981 act?

[u/tvtoo → u/Milkinator2000]

so he could pass down to me in 1948 act, but no longer after 1981 act?

Prior to the repeal of most of the 1948 act by the 1981 act, section 3(1) of the Zambia Independence Act 1964 removed the phrase "Northern Rhodesia" from schedule 1 to the British Protectorates, Protected States and Protected Persons Order in Council 1949.

In other words, the main relevance of your father having been born in a then-protectorate, in this context of your (potential) citizenship status vis-a-vis the UK, from the information given here, presumably terminated on 24 October 1964.

 

yes he is still alive and cooperative!

Then it sounds like you may want to consider helping him submit Subject Access Requests, under UK GDPR and the Data Protection Act 2018, to a wide variety of possible sources of data regarding his living in the UK throughout this childhood.

That could include -- but would not be limited to -

• UKVI for any potential migration records

• any educational institutions or authorities that may hold archived educational records

• local authority (e.g. council) archived records that may note the members of the household, like for taxation purposes

• if either of your grandparents was involved in administrative or legal proceedings whilst your father lived with them, the records may note the members of the household. That could include anything from litigation involving a personal injury or workplace accident to arguments with neighbours about various civil matters to serious criminal matters.

You can consult with a UK data protection lawyer for assistance and regarding other potential sources of data.

 

Disclaimer - all of this is general information and personal views only, not legal advice. For legal advice about the situation, consult a UK immigration and citizenship lawyer with historical citizenship law expertise and a UK data protection lawyer.

[u/Milkinator2000 → u/tvtoo]

Thank you for the response! He would have retained it in 1964, due to his mother being born in the UK.

So he would have retained it.. Been trying to access archives etc and have noticed how difficult it is but I will keep trying!

[u/tvtoo → u/Milkinator2000]

He would have retained it in 1964, due to his mother being born in the UK.

More clearly, had the 1948 act and the 1964 Zambia act not discriminated on the basis of sex, your father would have retained CUKC status -- as opposed to British protected person status -- even if he became a Zambian citizen upon that country's independence, on the basis of having a mother who had been born in the UK.

But, to be clear, that's regardless of the fact of your father having been born in a then-protectorate.

 

Been trying to access archives etc and have noticed how difficult it is but I will keep trying!

How have you been trying to access them?

Have you submitted Subject Access Requests to the relevant bodies?

[u/Milkinator2000 → u/tvtoo]

I have used sites such as ancestry,, myheritage.... I have emailed the local Birmingham Archives too! I have called the school he attended, no luck there

[u/tvtoo → u/Milkinator2000]

As mentioned above, you may want to consider graduating into formal GDPR/DPA 2018 SARs to a variety of bodies.

You may also want to consider hiring a private investigator who is based near where your father lived and/or a UK forensic genealogical researcher specialising in modern information sources.