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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11509
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I lived in the UK from the age of 4 to 24, went to university

Resolved Question:

I lived in the UK from the age of 4 to 24, went to university and worked as a high school teacher there. I was born 9 April 1960 in Australia. My mother was born in England, has a British passport, and has lived and worked in England continuously for the past 46 years. My father was born in Australia and is deceased. His parents were both born in the United Kingdom. I got an Australian passport in 1975, when I was 15. In 1981, when I was 21, I was offered a British passport but only if I gave up my Australian Citizenship; instead I accepted the second offer which was to have a British Patriality stamp in my Australian passport, and was told it could be transferred to subsequent Australian passports, so that I would always have the right to live and work in England. Since 1985 I have lived and worked in Australia, first in book publishing, then for the past decade as a high school teacher. I have renewed my passport several times without applying for the British Patriality stamp. I am now divorced, a single mum with a teenage son, and want to live and work as a teacher in the UK where my elderly mother lives. It is also important to me to live nearer my 2 sisters and 4 nephews, who were born in the UK and have always lived there. In Darwin I have no extended family. My son's father has given his written agreement for us to live and work overseas - he has not lived in Darwin for 3 years now. In fact he has lived in the UK for 2 of the past 5 years, he has a German passport and plans to work overseas again. What are my options now to enable me to live and work in the UK?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  INC replied 3 years ago.

Hi,

 

Thanks for your question.

 

A certificate of entitlement or partiality in a passport showing the holder has the right of abode in the United Kingdom or a stamp in a passport showing the holder is exempt from immigration control is not evidence that he or she is settled in the United Kingdom. But some persons who have certificates of entitlement or partiality or who are exempt from immigration control can nevertheless be regarded as settled in the UK.

 

From the information you have provided above, if you have not transferred your stamp into subsequent passports, I would be of the opinion that the permission has lapsed.

 

Thus, in order for you to obtain UK Citizenship, you need to look at other avenues.

 

From the information you have provided above, it would seem that at least one of yoru parents was a UK National.

 

If this is the case, you should be eligible to apply for UK Citizenship. Click on the following link for further details:

 

http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/registration/britishmother/

 

Once you have registered as a UK National, your child should be able to obtain a UK Ancestry Visa.

 

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

INC, Solicitor-Advocate
Satisfied Customers: 11509
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
INC and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks for this information. My son aged 14 has a certificate of German citizenship because of his father, so would be entitled to a German passport. I suppose with this he could live and study in the UK. Does this have implications for my status?

 

Also, do I need to employ an immigration lawyer, and if so, how do I find the right one?

Expert:  INC replied 3 years ago.
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