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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6315
Experience:  BA (Hons), PgDip, Practising Solicitor
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My daughter was born in Ravenna Italy and has an American passport.

Resolved Question:

My daughter was born in Ravenna Italy and has an American passport. I returned to the UK when she was about 1.5 years of age. I have never obtained a visa for her as never thought I had to. She has now been here for 30 years and has a NI number, medical number etc. We are shortly to visit Egypt and the travel agency has informed me that she may have a problem leaving Egypt to return to the UK. I would be so grateful if you could give me some information on this as I have booked and paid for the holiday. She has an italian birth certificate but this has been lost. Please help. Thank you.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

Your daughter holds only an American passport. She has been in the UK since she was 1.5 years old (she is approximately 31.5 years old.

She is travelling to Egypt for a short visit. You want to know if she will have any difficulties returning to the UK.

Correct?

Tom
Customer: replied 1 year ago.

Yes please. The travel agent said as she did not have a visa showing indefinite stay the Egyptians could retain her and not let her return home. I have just booked the holiday for us.

Expert:  Thomas replied 1 year ago.
Hi,

Thanks. Can you confirm your daughter's age please?

Has your daughter travelled in and our of the UK with her passport before?

Did she have any problems?

Tom
Customer: replied 1 year ago.


She is 32. Yes she travelled to the USA when she was 13 and did not have a problem. I have paid for our holiday but afraid they may retain her in Egypt after speaking to travel agent.

Expert:  Thomas replied 1 year ago.
Hi,

Was that the only time she travelled outside of the UK please?

What nationality are you please?

Where/when were you born?

Has she ever made any application to the Home Office/UKBA?

Tom
Customer: replied 1 year ago.

We travelled to the US numerous times when she was a baby.


I am British. I was born in Felixstowe on 10.05.1950. I married an American but retained my British Nationality.


No she has never made an application to the Home Office.


Could we go to the American Embassy and get a visa stamped in her passport?

Expert:  Thomas replied 1 year ago.
Ok.

What was her date of birth please?

Tom
Customer: replied 1 year ago.


4th July 1979

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

Foreign nationals (ie. non-EEA national who do not have a UK passport) usually have to have “indefinite Leave to Remain” in order to reside permanently within the UK. This usually takes the form of a stamp in her passport confirming this. If a person has this then they will be allowed entry to the UK, no question.

If a person holds a Non-EEA Non-UK passport without indefinite leave to remain in it then it’s potentially very tricky indeed getting back in to the UK. I would not recommend travelling until that person’s immigration status is sorted out.

The long and short of it is that I think her status is best sorted out by applying for a UK passport.

If she was born outside the UK then she can apply for a UK passport. This is because you are a British Citizen Otherwise than by descent. Citizenship is only permitted to descend one generation to children that are born outside the UK. Therefore, your daughter is eligible for a UK passport.

The reason that this has not come up before is that when she travelled she was a child and (I presume) travelling with her parents, there would not have been the same concern about her rights of entry because she had the status of her parents. You were a UK citizen so therefore it wasn’t a problem.

No she is an adult it could be a problem if she does not either have a UK passport, or indefinite Leave to remain. It’s much easier to apply for a passport and I would suggest that you do this as a matter of urgency. Once she has a UK passport then there is no problem because she has the same rights as any other UK citizen.

I have a short meeting now for 30mins, if you have any further questions I will answer them once I am back


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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6315
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.


She has an Italian Birth Certificate which I have lost. Can you please advise if she can apply for a British passport without this? Her American passport is valid and up-to-date. THank you for your help.

Customer: replied 1 year ago.


I telephoned the Passport Office and they advised that my daughter is not entitled to a British passport. Could you please adbise if we could obtain "An indefinite leave to stay" and how we do this?

Expert:  Thomas replied 1 year ago.
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Customer: replied 1 year ago.


Hi Tom


 


Thank you so much. Her father did not have British citizenship - he remained an American citizen whilst working here. Can me being British allow citizenship to descend to her please? I will see if I can find an immigration solicitor here in Great Yarmouth.


 


KInd regards


 


Heather

Expert:  Thomas replied 1 year ago.
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