I have already asked for assistance over this case and am going to an appeal in a weeks time and need the Welfare Lawyer from Basingstoke CAB who gave me the information that if my client was born in Britain before 01.01.1983 and has a birth certificate to prove this then she has the right to reside. Her British passport ran out on 2003 and she replaced it with a Maltese one, as this was much cheaper than a British one. I need to know the legislation concerning the 01.01.1983 Pam AUSTIN

I'm working from home and without access to a law library. The British Nationality Act 1981 (which came into effect on 1.1.1983) changed the law so that from that date a person born in the UK was only a British Citizen by birth if at least one parent was "settled" in the UK - ie had indefinite leave to remain or the right of abode.

Before that date anyone born in the UK was automatically a Citizen of the United Kingdom and Colonies, whatever the nationality of the parents. This was under an act of 1948 (before that, the title was British Sunject and did not distinguish between the Uk and the Commonwealth/Empire)

If you Google Citizen of the United Kingdom and Colonies you will find lots of references to CUKCs. The only people born in the UK who had no right to CUKC status were those born to foreign nationals working in embassies and consulates being actually on diplomatic service.