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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6264
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello. I am a British citizen born in the UK. My daughter was

Customer Question

Hello. I am a British citizen born in the UK. My daughter was born in the Philippines in 1984 and became British by descent. She in turn gave birth in the Philippines to my granddaughter Anna in May 2006. Anna is illegitimate and holds only a Filipino passport. Our family moved back from the Philippines to settle in the UK in May 2010. Anna was given a settlement visa valid only until July 2012. We applied for Further Leave to Remain for Anna prior to the expiry of her visa but as of now, over 12 months later, no decision has been made by UKBA. Given that Anna has already met the 3 year residency requirement together with her mother and she has the necessary references etc., can we go ahead and apply for citizenship for her? This despite the fact that her passport and other supporting documents are still with UKBA? Thank you
Submitted: 11 months ago.
Category: UK Immigration Law
Expert:  Thomas replied 11 months ago.
Hi,

Has the application for FLR been acknowledged by the UKBA?

Tom
Customer: replied 11 months ago.

Hi,


Yes, we did biometrics for Anna in February of this year


 


Colin

Expert:  Thomas replied 11 months ago.
Hi Colin,

During any time prior to your grand-daughter's birth, did you daughter reside in the UK for a period of three years?

Tom
Customer: replied 11 months ago.

Hi Tom,


No, we have always lived in the Philippines.


 


Colin

Expert:  Thomas replied 11 months ago.
Hi Colin

Thanks for your patience.

I assume that you are referring to registration under s3(5) of the British Nationality Act:
http://www.legislation.gov.uk/ukpga/1981/61/section/3
Which you might have seen here on the UKBA’s (not quite as detailed) webpage:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/children/britishcitizen/livingintheuk/

If it is the case that your granddaughter and daughter have now been in the UK for a period of three years and their total absences during this three year period do not exceed 270 days then your granddaughter would have a right to register as a UK citizen. As she is illegitimate then those references should be read as references to your daughter, as her mother.

On this basis provided you are able to prove this then she should be registered as a UK citizen under this section of the Act.

The UKBA are a mess. I presume that you will need the documentation submitted with the application in order to make the application.

The slight problem is that they may not (as plainly ridiculous as it sounds) release the documentation back because she no longer has leave to remain. My advice would be to instruct an immigration solicitor to write to the UKBA advising of your wish to withdraw the application and referring to the relevant section of the act and demonstrating your grand-daughter’s eligibility for registration so that they can release her documentation.

They should then release the documentation to you so that your daughter can make the application.

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Kind regards,


Tom

Thomas, Solicitor
Satisfied Customers: 6264
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 11 months ago.

Hi Tom,


This is good advice--thank you so much:)


 


Colin

Expert:  Thomas replied 11 months ago.
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