Historic claims to British nationality of East African Asians
Many Asians of East African origin have historic claims to British nationality. Typically, they would have the status of British Overseas Citizens or British Protected Persons by virtue of their birth before the independence of the country they were born in. Others will have obtained their British nationality status by registration as Citizens of the United Kingdom and Colonies, or by descent from their parents.
Many of these East African Asians will be in possession of passports of their country of residence, and thus will be living and travelling as nationals of that country. However, the true position is that if they have retained their British nationality status, they are not actually nationals of their country of residence as dual nationality is not permitted in the countries where most East African Asians are resident.
What options are available to such persons?
a) Pursuing the British nationality claim
They could obtain British passports. The passports that they would be entitled to would be British Overseas Citizen or British Protected Person passports. These passports would not permit them to live in the UK. However, in most cases, once these passports have been obtained, the persons concerned would be able to apply to register as full British citizens, and thereby have the right to live in the UK and benefit from all the rights and privileges of a full British citizen.
They would be able to live in the UK, and their spouses and children under the age of 18 would also be able to live with them there. Ordinarily, children over the age of 18 would not, except in exceptional cases, be granted visas to live with the family in the UK. However, in the case of East African Asians, because of the particular historical circumstances, it is possible even for children over the age of 18 to be able to settle in the UK with their parents. Even children who are themselves married and have children of their own can be eligible, and once they have obtained their visa, their spouse and children under 18 can join them there.
b) Renouncing British nationality
Alternatively, such persons could renounce their British citizenship and then apply for the citizenship of the country of their residence or any other nationality that they are eligible for. However, once British citizenship has been renounced, it cannot be resumed, and thus careful thought should be given to taking such a course of action. British nationality remains one of the most sought after nationalities in the world today, bringing with it security and many other benefits- see our blog for further details.
Further information and advice:
We specialise in such cases. We are able to advise with respect to such cases; represent clients in obtaining British Overseas Citizen passports and British Protected Person passports; represent clients in registering for full British citizenship; represent clients in obtaining visas for their families to settle with them in the UK; advise clients on the options available to them in securing their right of residence in the UK in circumstances where they do not want to leave their country of residence permanently; represent clients in appeals against adverse decisions.
Contact us for a free intial consultation.
