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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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British Citizenship

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Attachment: 2013-08-07_184918_citizenship.docx

I am unsure what category and form I should be applying under for British Citizenship. I I have read the information from the UK Border Agency and I am still unclear on certain things. They will only answer one email, which I have already received on other questions. I wish to apply for British Citizenship but do not know what category to apply under, or which application form. I am unsure as to whether I am considered a British Citizen by birth already, but have not be registered. I was born April 28, 1977 in Canada. My mother resided in the UK for 22 years, until 1973 and has dual citizenship. Both her parents were UK citizens. My adoptive father resided in the UK for 10 years, until 1953, and has dual citizenship. I was adopted by him in 1980 at the age of 3. Both his parents were UK citizens. Thank you for your assistance.


 


One other question regarding the subject.  I would prefer to be able to gain British citizenship "Not by Descent" if possible.  I would then be able to pass citizenship to my children "By Descent" which can only be done to one generation.

Hi


Where and when was your mother born?

Did she naturalize as a UK citizen she was not already one?

Tom
Customer: replied 3 years ago.

My mother was born in 1927 in Alexandria, Egypt. She became a British Citizen on marriage to my father.

Customer: replied 3 years ago.

I am sorry that my previous answer was referring to my maternal grandmother.


 


My mother was already a UK citizen. She was born in Ilford, Essex in April 1949.


 


On reading the information on the UK Border Service website, I believe that an adoptive father actually counts the same as a natural father.


 


I am hoping that I will be able to apply for Citizenship other than by descent from my mother, for the reason I stated above.


 


 

Hi

Thanks, XXXXX XXXXX answer at 9 a m

Tom
Hi

Thanks for your patience.

There are probably two ways that you qualify.

If your adoptive father was a UK citizen otherwise than by descent (eg. By being born in the UK or naturalising as a UK citizen prior to your birth) as a and adopted you then you would obtain UK citizenship otherwise than by descent.

This would mean that you would simply be able to apply straightaway for a UK passport in the normal way, provided that you are able to prove the above facts.

Alternatively if you were born between 1961 and 1983 then you probably be able to apply for registered as a UK citizen under s4C of the British Nationality Act 1981. This is the provision of the act (amended) which gave rights to persons who:-
- would have acquired UK citizen prior to 1983 if UK mothers were able to pass on their citizenship by descent
- Have not been registered as such when they were a child by their mother.

You would have to register as a UK citizen first this way, before you applied for a UK passport. Details on how you can do this are contained here:-
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/britishcitizenship/informationleaflets/bnchapters/bn13.pdf?view=Binary

Good luck.

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Kind regards,


Tom
Customer: replied 3 years ago.

Thank you for the answers.


 


My father was a UK citizen at the time of my birth. You mentioned that I can apply straightaway for a British Passport. Should I still apply for proof, or register, for UK Citizenship as I was born and live in Canada. I will not require a passport at the present time, but would like to be sure of my citizenship.


 


I have checked, and received a reply from the UK Border Agency website about documentation. Original copies are requested, yet on some applications by people living in the UK, notarized copies are acceptable. Do I need to send original documents?


 


Thanks.

Hi

You should be able to reply straight away for a passport on this basis.

Where originals are requested you should send channel so far as you are able.

Please remember to rate my answer.

Tom
Customer: replied 3 years ago.

Once again thank you. I just need to confirm a couple of things. I will apply for a passport, and If I do receive it, does this mean that I can work in the UK with no Visa or time limit.


 


My husband is a neurosurgeon resident in Canada as is thinking of applying for a Fellowship in the UK. Would he still need a working Visa with time limits, or would he enter the UK under different rules since his spouse would be a UK citizen.


 


Thank you.

Hi

Correct, it would mean that you could work in the united kingdom free from visa. You could do this immediately upon receipt of your passport.

If you obtained a u k passport then he would have to come as a spouse of a u k citizen. The eligibility criteria for this is contained on the following link:
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/

Please rate my answer now. You will agree I have answered your original question

Kind regards

Tom
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Customer: replied 3 years ago.

Thank you. You have been most helpful. I will do the rating now.

Customer: replied 3 years ago.

Once I receive my passport, I would like to register my 3 year old daughter for citizenship. What would be the best category/form to do this.


 


Thank you.

Hi

Where and when was your daughter born?

Tom
Hi,

I made a mistake in my original answer pots. I stated that you would received "UK citizenship otherwise by descent", where as I should have stated that you would receive "UK citizenship by descent".

My answer still stands unamended though, despite this.

PLease let me know where and when your daughter was born.

Tom
Customer: replied 3 years ago.

She was born in Ontario, Canada.

Okay.

If she was born outside the UK then the only way that she would be able to register as a UK citizen would be if she and you lived here for a period of three years before she was 18 and an application was made before she became an adult.

This would be an applciation under s3 of the British nationality Act. During the three year period you would also have to make sure that no more than 270 days within the three year period were spent outside the UK.

Tom
Customer: replied 3 years ago.
Thanks.

Just to be sure that everything is correct, I can apply for a passport without having to apply for citizenship by descent first.
Hi,

No person has to register as a citizen by descent, they get it automatically. So, yes, on the above facts (provided you can prove them) you can apply for a passport straight away.

Tom

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