British Passport
Dear UK Border Agency,
Request : Under the British Nationality Act 1981
AND the Freedom Of Information Act 2000
1.What is the exact meaning and definition of ESTABLISHING CLAIM TO British Nationality?
2.What is the exact meaning and definition of ESTABLISHING IDENTITY TO British Nationality?
Yours faithfully,
ARMHashim
Dear ARMHashim
Thank you for your recent e-mail concerning the above matter. We are
currently dealing with your enquiry and will respond shortly.
Kind Regards
UKBA
FOI Team
Dear Mr Hashim
Thank you for your request for information about British nationality
law. Your request has been treated as a routine enquiry, rather than
under the Freedom of Information Act 2000.
You asked:
"1.What is the exact meaning and definition of ESTABLISHING CLAIM TO
British Nationality?
2.What is the exact meaning and definition of ESTABLISHING IDENTITY TO
British Nationality?"
In relation to your first question UKBA would normally use the term
"establish a claim to British nationality" when referring to the
documents and information needed to show that a person has a form of
British nationality. Further information on British nationality can be
found on our website:
http://www.bia.homeoffice.gov.uk/british....
Your second question asks about "establishing identity to British
Nationality". This is not a term that is used by UKBA, and so I am
afraid I am unable to answer your question.
Yours sincerely,
Jane Whitehead
Nationality Operational Policy
UK Border Agency North West Region
Dear Whitehead, Jane,
Thank You. What kind of most evidencing U.K. documents and related information are normally needed to show that a person has a form of British Nationality through establishing a claim from parent in Singapore under the BNA-1948 & 1981?
Regards
Yours sincerely,
ARMHashim
Dear Mr Hashim,
Thank you for your e-mail.
Before 16 September 1963 Singapore was part of the United Kingdom and
Colonies for nationality purposes. This means that a person born there,
or descended from a person born there, could have become a citizen of
the United Kingdom and Colonies.
On 16 September 1963 (Malaysia Day), Singapore became a part of
Malaysia, and was treated for nationality purposes as an independent
Commonwealth country. At that point a person who was recognised as a
citizen of Singapore was accepted as a citizen of Malaysia. At the same
time citizenship of the United Kingdom and Colonies was lost by those
who became citizens of Malaysia, apart from in certain cases where a
person had a continuing connection with the United Kingdom or a
remaining colony, protectorate or protected state.
You should also note that before 1 January 1983 citizenship could only
be passed on through the male line: women could not pass on citizenship.
In addition, citizenship could only be passed on by a father if the
parents were married.
In order to show that a person has a form of British Nationality through
a parent's birth in Singapore, he or she would therefore need to provide
the following documents.
1. Evidence of the father's birth in Singapore whilst it was a Colony.
2. Evidence of the person's birth, such as a birth certificate.
3. The parents' marriage certificate.
4. Evidence that citizenship of the United Kingdom and Colonies was not
lost on acquiring Malaysian citizenship. To do this he or she would
need to show that either
- he had not become Malaysian or
- he, his father or paternal grandfather was born, registered or
naturalised in a place that remained within the United Kingdom and
Colonies, or was born in a place that remained a British protectorate or
protected state.
This is a very generalised summary, based on the information available.
Further information is available on our website:
http://www.bia.homeoffice.gov.uk/british....
If you require a specific opinion about your status, you can apply for a
status letter using form NS:
http://www.bia.homeoffice.gov.uk/sitecon...
y/ns. Information about applying can be found in Guide NS, also on our
website.
Yours sincerely
Jane Whitehead
Nationality Operational Policy
UK Border Agency North West Region
Dear Whitehead, Jane,
Thank you for your reply.
BRITISH NATIONALITY : BRIEF HISTORY OF FACTUAL BACKGROUNDS
1.1 The concept of "British nationality" originated from that of "British subject" [ i.e. a person owing allegiance to the Sovereign ]. In earlier times, the Sovereign claimed the allegiance of all persons born within the dominions, and Parliament later extended this in various ways to persons of British descent born elsewhere.
1.2 As the Commonwealth developed, the countries which became self governing Dominions enacted their own nationality legislation; but until 1946, all such legislation within the Commonwealth was, by mutual agreement, framed in practically identical terms. In 1946-47, it was agreed at Commonwealth meetings that the previous arrangement should be replaced by a system under which each Commonwealth country should define its own citizenship and recognize citizens of every Commonwealth country as possessing the common status of British subject or Commonwealth citizen. Thus the common status of British nationality would remain, but it would in future be obtained by possessing the citizenship of any of the constituent parts of the Commonwealth.
1.3 So far as concerns the United Kingdom and Colonies [ which formed a single unit for citizenship purposes ], the changes agreed in Commonwealth whose citizens were British subjects or Commonwealth citizens in United Kingdom law.
MALAYSIA / SINGAPORE
The Malaysian BOC situation has its roots in the period prior to Malayan independence in 1957. The nine Malay states were British protectorates. However, the Settlements of Penang and Malacca were colonies. In 1949, residents there became entitled to Citizen of the United Kingdom and Colonies [ CUKC ] passports. Chinese residents, many of whom had immigrated to Malaya at the behest of the British, felt considerable attachment to their status as ‘Straits Chinese’, also known as the ‘King’s Chinese’ or ‘Queens Chinese’. At the time there was no objection to dual citizenship. When Malaya federated in 1957, they were permitted to retain CUKC passports. The children of fathers born in Penang and Malacca before 31 August 1957 were able to apply for CUKC passports.
1955 – 1959 PARTIAL INTERNAL SELF GOVERNMENT OF SINGAPORE
1959 – 1963 FULL INTERNAL SELF GOVERNMENT OF STATE OF SINGAPORE
From 1958–1965 Singapore morphed from British colony to self governing state to special autonomous state in the Federation of Malaya to an independent state. British Government decided to disband Straits Settlements and merge Penang and Malacca with the federated and unfederated existing Malay states to form the Malayan union. Singapore was thus transformed into the British colony of Singapore and continued to be administered from London.
The Merger Referendum passed in 1962 and led to Singapore joining the Federation of Malaya along with Malaya Sabah and Sarawak as a state with autonomous powers in Sep 1963. 09 Jul 1963 the leaders of Singapore, Malaya, Sabah and Sarawak signed the Malaysia Agreement to establish the Federation of Malaysia. With the conclusion of Malaysia Agreement all Singapore citizens became automatically Malaysian citizens without registration on 16 Sep 1963 upon Singapore’s MERGER with the enlarged Federation of Malaya on that date [ then renamed Malaysia ].
And upon Singapore’s secession from the Federation of Malaya on 06 Aug 1965 a new Constitution came into effect which granted special State of Singapore citizenship to all local residents in Singapore AND to all pre-independence colonial BSCUKC passport holders who were British subject with CUKCs as of 16 Sep 1963 and these Singapore citizens were still considered British citizens at that time as / since exercising Singapore Citizenship Ordinance was first created in 1957 and became law on 21stOct-1957 before the commencement of Singapore Constitution when Singapore was a within self governing colony of the United Kingdom.
With the passage of the 1958 Constitution, Singapore attained the status of a self -governing state AND with a creation of a self- governing “State of Singapore’’, the British Government retained control over defence, foreign affairs and internal security through the presence of the Queen’s representative, the U.K. Commissioner and then all people became “Citizen of Singapore’’ by operation of law.
Under the 1958 Constitution, the Head of State, swore allegiance to Queen Elizabeth II of the U.K. i.e. He acted as the Queen’s representative and as such did not possess any personal discretion and he also acted more as a proxy for the British Government.
The 1958 Constitution was the last Constitution requiring any office bearer in Singapore to swear Oath of Allegiance to the British Crown.
Sources : Immigration law and practice in the U.K. [ General Editors : IAN A MACDONALD QC., FRANCES WEBBER. ]
HOME OFFICE IND / U.K. STATUTE LAW DATA BASE / OPSI
The people in and outside the U.K. believe the only authority for their British Nationality clarifications and to restore fair and Justice thro legal interpretations from the BNA-1948 & 1981 is the UKBA for their AGGRIEVING AND SUFFERING UNREMEDIED INJUSTICES for last two decades [ since 1990 ] delivering by the FCO in India because there is no right of appeal process for British Passport [ Royal Prerogative ]
I very much regret to inform you because as you are an officially trained and professionally qualified, diligent head staff of responsibility for the Nationality policy and I am a general public roughly studied British Nationality history and legislation. I have many more evidences from the FCO & UKBA’s previous correspondences since 1990 and U.K. public general acts of British Nationality Acts – 1948 & 1981 and its statutory instruments and materials that your above-said interpretation is totally wrong. I do NOT know why UKBA writes wrong against its own reputable laws of history.
Your said definitions, for nationality purposes, regarding Malaysia and Singapore is contradicting your own views from the UKBA and British Nationality history.
British Nationality system attracts the worldly renowned law of reputation to the U.K.
I do NOT think you are NOT aware of Independence legislations and retention provisions and dual nationality system of HMG.
The route of claim to British Nationality is mainly from the people of prosperous Madras Province, South India_ in connection with trading and businesses in Federation of Malaya and Singapore prior to Indian independence.
The claim to British Passport is under the provisions of British Nationality Act – 1981 which is a matter of law enacted by the British Parliament.
I have peculiar evidences that persons have been issued BOC passports when their father has citizen of Malaysia passport at the time of their birth prior to 31.12.1982
I have peculiar evidences that persons have been issued BOC passports when their father has citizen of Singapore passport at the time of their birth prior to 31.012.1982.
I therefore request you to do process fairly and justly on the basis of Royal Prerogative,
Articles 1, 2, 7, 8, 15 and 19 of the Universal Declaration of Human Rights adopted and proclaimed by the United Nations on 10 December 1948
Articles 1, 9, 10, 13, 14, 17 and 18 of the European Convention on Human Rights
Articles 9, 10, 13, 14, 17 and 18 of the United Kingdom Human Rights Act – 1998 which is operational from 02.10.2000 and Law and Justice of the HMG.
IF NOT, if Government’s policy changes, or if you do not want to implement the BNA-1981 in India particularly in prosperous Madras Province, South India, PLEASE refer this to the House of Lords and House of Commons of HMG and let them repeal that provisions concerning Malaysia and Singapore by the British Parliament in legal manner. We will NOT, never ever claim our parental claim to British Nationality anymore, I assure for myself and on behalf of our whole Muslim community in Tamilnadu, South India. CUKCs will die out with our parents.
Please DO NOT NEED to waste your U.K. precious times to correspond to say :
lies leading to procedural blunders
revealing racial discriminations against Muslims
wrong definitions
inappropriate interpretations
contradictory statements
concealment of material facts
disobeying of U.K. legislations
unfair victimizations
decades of waiting time
unjust refusal AND
unjust fee retentions
Thanking you
As I am afraid if I more explain in this public domain it would NOT be appropriate for the UKBA, please provide me your personal e. mail to deal with further evidences.
Justice be prevail in the U.K. and the rest of the world.
Yours sincerely,
ARMHashim
Dear UK Border Agency,
Please provide me your e.mail address and right answers to my email NOT in the public domain if you wish.
Yours faithfully,
ARMHashim
Dear Mr Hashim,
The e-mail address for the Nationality Policy team is as follows:
Yours sincerely,
Jane Whitehead
Nationality Operational Policy
UK Border Agency North West Region
Dear Mr Hashim,
Thank you for your e-mail, the contents of which have been noted.
This does not, however, appear to be a request for information under the
Freedom of Information Act 2000, and so has not been treated as such.
My response to your previous question merely summarised the status of
Singapore in relation to your question about documentary evidence. If
you wanted further information about the status of Singapore in relation
to British Nationality legislation, you may wish to consult "Fransman's
British Nationality Law", which goes into further detail, and contains
copies of the relevant legislation.
Yours sincerely,
Jane Whitehead
Nationality Operational Policy
UK Border Agency North West Region
Tel: 0151 213 1237
Fax: 0151 213 1514
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