# UK right of abode for former british colonies



## peachgirl (Oct 3, 2010)

Hi, I'm trying to get some answers, preferably from someone with first hand experience, on who is eligible for right of abode in the UK from former british colonies, ie. Malaysia, but I've been finding very conflicting information. 

I only just came across some snippets in wikipedia and the UK border agency website that suggest that people MAY have right of abode, if in 1983 they were a commonwealth citizen with a parent who was a UK & colonies citizen at the time of their birth. 

That can't apply to me, because I was born in 1988, but my fathers mother was born and raised in malaysia which did not gain independance until after my father was born there. He then moved and grew up in australia and has always retained malaysian citizenship. I was born in australia and australian is the only citizenship i've had. 

Does this mean he has right of abode? And can that be passed on to me at all? 

I guess I'm probably more curious than anything as I already have a good chance of acquiring EU residency, but i'm interested to see if this approach could work. 

For the record, my mothers family are mostly 5th generation brits. I'm actually directly descended from shakespeares sister, but I dont know if they care about that stuff.

From what I can tell, acquiring british citizenship is largely down to the discretion of whoevers processing your application, whether they want to give you a go or not, rather than particularly meaningful regulations.

Thanks in advance!


----------



## Joppa (Sep 7, 2009)

peachgirl said:


> From what I can tell, acquiring british citizenship is largely down to the discretion of whoevers processing your application, whether they want to give you a go or not, rather than particularly meaningful regulations.


This in incorrect. While the British nationality law is one of the most complex in the world due to its long colonial and Commonwealth history, it's been codified and legislated into the minutest details, and except for a few borderline cases where the Home Secretary has the dicretion to award citizenship, 99.9% of cases that come up are processed according to existing rules, which are all published and correctly applied. Those in the know - the UKBA and its staff - are competent; it's us who have a great deal of trouble understanding them!

As for your own situation, no, your father isn't eligible and nor are you. The simplest fact is when Malaysia gained independence on 31st August 1957, those Malaysians who had held citizenship the UK and the colonies (CUKC) automatically became new Malaysian citizens, *unless* they were living and settled in UK at that time. Only those people retained their CUKC with right of abode (and sometimes gained Malaysian nationality in addition) and became British citizens in 1983. So your paternal grandmother and your father lost their CUKC in 1957, and were ineligible to retain it because they weren't living in UK (plus Isle of Man and Channel Islands) or held other connections with UK (such as in Crown service like the British military or diplomatic service) at that time.

And even if your father had retained British citizenship, he would have become British citizen by descent and would have been unable to pass on his British nationality to you, as you were born outside UK. In that case you would have been eligible to register as British if your whole family had moved to UK and lived there for 3 years before you became 18, or your father had lived in UK for 3 years prior to fathering you.


----------



## peachgirl (Oct 3, 2010)

Damn its complicated! They should do it like in italy or china or israel, i think they allow citizenship by descent over numerous generations.


----------



## Joppa (Sep 7, 2009)

peachgirl said:


> Damn its complicated! They should do it like in italy or china or israel, i think they allow citizenship by descent over numerous generations.


If they did, because of colonial past, about 1/4 of the world population would become British and want to move to UK!


----------



## JCYP (Jul 25, 2012)

I'm a Malaysian, born and bred. My dad is the Malaysian, born before independence. I've claimed the Right of Abode through my mum as she was born in the UK. I was born in 1983 but you just have to be born after 1 January 1983 to claim ROA through an English mother.


----------

