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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7590
Experience:  BA (Hons), PgDip, Practising Solicitor
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i was born 27/10/1983 in uk but my both patrents were students

Customer Question

i was born 27/10/1983 in uk but my both patrents were students then and was brought to nigeria in 1986 and i wish to come back to the uk, please what can i do?
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 6 years ago.

 

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. What nationality are your parents?
  • 2. What Nationality are you
  • 3. Do you have any British Ancestry

Kind regards.

Tom

Customer: replied 6 years ago.
MY parents are nigerians aand am a nigerian and no british ancestry only my brother who is born brotish. please what can i do to come , on what visa can i come.
Expert:  Thomas replied 6 years ago.

Hi,

 

Thanks for your question.

 

I'm afraid the rules on British Nationality changed at the beginning of 1983. Before that time any person born in the UK was automatically a British Citizen. This explains why your brother acquired British Citizenship and you did not. Because you were born after 31st December 1982 to parents who were not British Citizens automatically and because you have not spent the first ten years of your life in the UK without leaving for more than 90 days you have not acquired it by being resident here.

I am sorry to say that you have no more right than any other person from Nigeria who was not born here to get a visa.


At the moment the only normal form of working visas permitted are under the Tier 2 Sponsored Skilled Worker provisions. This means you would have to have a job offer from a licensed sponsor employer and meet the sufficient level of points. Info here:-

http://www.ukvisas.gov.uk/en/howtoapply/infs/inf26pbsskilledworker

 

The only alternative is by virtue of your marriage/relationship with a UK /EEA national or to study. There is very strict points based criteria for student visas as well.

 

I am very sorry it could not be better news.

 

If this is useful please kindly click accept so that I am rewarded for my efforts. If you do not your money stays with the website and I receive no credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

Customer: replied 6 years ago.
Thanks a lot but please what of of I come over to UK with a student visa can I change my status with my brisith birth certificate. Thanks
Expert:  Thomas replied 6 years ago.

Hi,

 

Thanks for your reply.

 

No, I'm afraid that student are not afforded a right to obtain indefinite leave to remain in the same way that workers are (ie. Workers can obtain ILR after 5 years). Any period of time they spend in the UK can county towards claiming ILR on the basis of long residency (ie. 10 years) though.

 

Were you to marry or cohabit with a UK/EEA citizen for two year OR person with ILR then you could swtich to the appropriate spouses/unmarried partner's visa however.


Trust this clarifies, if so please click accept.


Kind regards,


Tom

Customer: replied 6 years ago.
Please what is cohabbit? Or ILR .
Expert:  Thomas replied 6 years ago.

"Cohabit" means to live with. You would cohabit with your husband in your house, for example.

 

"ILR" is an abbrieviation of "Indefinite Leave to Remain" which means that you can remain in the UK for as long as you like. You must obtain this first before naturalising (ie. becoming) a British Citizen.


Please click accept. I will continue to answer your questions but I must go off line for 15 mins now.


Kind regards,,

 

Tom

Customer: replied 6 years ago.
Please what of eu dependant visa? Can I apply
Expert:  Thomas replied 6 years ago.

Please click accept and I shall answer.


Tom

Thomas and other UK Immigration Law Specialists are ready to help you
Expert:  Thomas replied 6 years ago.

That's what I mean when I refer to EEA above.

 

If you became married to any person who is a national of an EEA member state then you could apply for a residence card, which would permit you to stay in the UK for 5 years. At the end of that time you could apply for permanent residence provided you were still in a relationship with the EEA national.

 

Good luck.


Tom

Customer: replied 6 years ago.
I EEC family dependant visa
Expert:  Thomas replied 6 years ago.

The rights of European nationals are not relevant to you because you have no european ancestry.

 

If you married a EEA member state national then you would get leave to remain if they were in the UK.

 

If you have any other questions you should submit them to the board seperately and request me because I have answered your original question now.

 

Good luck.


Tom

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