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Clare
Clare, Solicitor
Category: UK Immigration Law
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Experience:  25 years hight street experience
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A girl born in the UK in 1990 to foreign parents, neither of

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A girl born in the UK in 1990 to foreign parents, neither of whom had a right of abode is not outright considered British. However, as this person has been continuously residing legally since age 7 there is a door open to becoming a British citizen through a process called registration. Is there such a right available to her? Here are the facts: Before this person turned 7 her parents were given an entry visa into the UK allowing the entire family the privilege to eventually obtain a permanent residence. In 1998, the parents unfortunately petitioned for divorce and this was granted in 1.999. The custody of the child was entirely left to the single parent who decided to stay in Britain. The other parent abandoned the country; left for good and was only allowed visiting rights by the Court. In 2000, the Home Office lifted all restrictions thus conferring the status of full residence to the head of the family and the child dependant on her. The both have leave to stay for an indefinite period. This amounts to a permanent residence. Absences from the UK have rarely exceeded a period of 2 weeks and, counting every single day outside Britain, the total number of days absent never amounted to anything in excess of six weeks in a whole year period. The child has had all her schooling in Britain and is about to complete her university education. For this child now turned into an adult Britain is the place she calls home. The child is presently 21 and wants to become British; she wishes to do so with all her heart. Britain is not only home to her but is also her culture, and her universe of friends and acquaintances. Her primary language is English and despite all her travels she is for definite certain that she belongs to this country. Questions: What steps need to be taken for filing an application seeking to obtain the British nationality? Is there a difference between nationality and citizenship? Does she really qualify for the purposes of obtaining the British nationality via registration? What are the differences between these two roads: registration and naturalization? Is a British nationality obtained via registration second to a British nationality by birth? Is the former category of national prevented, for instance, from getting a seat in Parliament and eventually becoming a PM? What requirements must the applicant satisfy? Are there any specific conditions that she or her mother must be aware of? Can you list the information which has to be readily available before initiating an application process? What documents and evidence need to be furnished in conjunction with her application? What information or testimonies are required and need to be provided at a later stage? What is the time frame before hearing of any results on the application? Is the applicant prevented from travelling abroad whilst considering her application? Is it advisable for the applicant to obtain a national insurance number before starting an application for citizenship?

Note: I would be willing to pay a bonus for a helpful answer in full to my question.

Also I suppose the question is to be directed to immigration lawyers. It was sent to UK Traffic Law by mistake.  
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Clare replied 4 years ago.
Hi
Registration would only be available if the young lady had some claim on citizenship by virtue of her birth in a British Territory overseas or through her parentage.
Since this is not the case she will have to apply to be naturalised on the basis of the fact that she has lived in the UK free of immigration control for more than five years and has spent no more than 90 days out of the country in the last 12 months and no more than 450 days in the last five years
She will also need to pass the Life in the Uk test and must not have any criminal convictions.
Details here
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/standardrequirements/
The documents required are listed here
http://www.ukba.homeoffice.gov.uk/britishcitizenship/applying/applicationtypes/naturalisation/supportingdocuments/
and the application forms can be downloaded here
http://www.ukba.homeoffice.gov.uk/britishcitizenship/applying/applicationtypes/naturalisation/
The major difference between acquiring citizenship in this way rather than by birth is that this form of citizenship can be revoked if the circumstances merit it
Claire
Clare and other UK Immigration Law Specialists are ready to help you
Customer: replied 4 years ago.
If you reread my query there are a few questions which were left without an answer. I am willing to compensate your extra time.
Expert:  Clare replied 4 years ago.
Hi
Some of your questions overlapped each other in terms of the answers - if you let me know what you are still not certain about I will be happy to deal with it
Claire
Customer: replied 4 years ago.
Questions left out without an answer

1) Is there a difference between nationality and citizenship?
2) Is a British nationality obtained via registration second to a British nationality by birth?
3) Is a British citizen via naturalization prevented, for instance, from getting a seat in Parliament and eventually becoming a PM?
4) Are there any specific conditions that she or her mother must be aware of?
5)What information or testimonies are required and need to be provided at a later stage?
6) What is the time frame before hearing of any results on an application?
7) Is the applicant prevented from travelling abroad whilst her application being considered?
8) Is it advisable for the applicant to obtain a national insurance number before starting an application for citizenship?

Many thanks in advance for considering my questions.
Expert:  Clare replied 4 years ago.

Hi

1. No

2.The major difference between acquiring citizenship in this way rather than by birth is that this form of citizenship can be revoked if the circumstances merit it

3. No

4.She will also need to pass the Life in the Uk test and must not have any criminal convictions

5. Details here http://www.ukba.homeoffice.gov.uk/britishcitizenship/applying/applicationtypes/naturalisation/supportingdocuments

6. Applications take on average 6 to 9 months

7. No But she must have spent no more than 90 days out of the country in the last 12 months and no more than 450 days in the last five years

8. It does not matter either way

Claire

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