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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Am I eligible for am British Passport if I was born in Ireland

Resolved Question:

Am I eligible for am British Passport if I was born in Ireland in 1964, my mother was born in the UK in 1939
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi

Thanks for your question.

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

  • 1. What nationality was your father
  • 2. Was your father married to your mother when he was born
  • 3. If not, did he subsequently marry your mother

Kind regards.

Tom

Customer: replied 3 years ago.
To answer your questions:

1. My father had dual nationality, he was born in Ireland in 1930 but as I understand all people in the Irish Republic had an entitlement to British citizen until 1948 when Ireland let the commonwealth.

2. Yes my parents were married before I was born.

The main objective of this query is to see if I can obtain a UK passport. I'm aware that there are varying degrees of citizenship. I am looking at relocating to Canada and it may be easier with a British Passport or better still if I had full UK citizenship. But I think I may qualify for the passport anyway?
Expert:  Thomas replied 3 years ago.

Hi,

 

Did you father register as a UK citizen?

 

Are you in the UK, if so for how long have you been in the UK?


Tom

Customer: replied 3 years ago.
No my father did not register as a UK citizen, he's dead now anyway.

I'm currently in Ireland, I did live in the UK in the past for 4 years from 1986-1990, but that's short of the 5 year threshold. I still have my national Insurance number.
Expert:  Thomas replied 3 years ago.

Hi,

 

Thanks for your questions.

 

Right. I'm afraid that I cannot see that you are eligible for UK citizenship. If you father did not register himself as a UK citizen during his lifetime then he cannot now pass that on to you by descent, he would have been able to claim himself as being a British Subject initially and then as a UK citizen after 5 years.

 

As you say you are not eligible to apply for ILR/naturalisation because of the 5 year threshold and the fact that your period of residency in the UK has now ceased and your mother does not hold UK citizenship which you can avail yourself of.

 

Sorry it could not be better news. You will have to apply as a Irish citizen, I would consider instructing a Canadian attorney to advise you in the preparation of your application and possibly to actually prepare the application on your behalf.

 

If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.

Kind regards,


Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6428
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Law Specialists are ready to help you
Customer: replied 3 years ago.
One thing I'm confused about is that my mother was born in Coventry in 1939 would this have been my strongest basis to make a claim? But maybe she need's to be registered as UK citizen or at least hold a British passport?
Expert:  Thomas replied 3 years ago.

Hi,

 

 

 

You mother would be entitled to be registered as a UK citizen and hold a UK passport because she is british by birth (otherwise than by descent)

 

The historic rules, sorry to say, were not very favourable towards women. She would have been entitled to regsiter herself as a UK citizen on the basis of being born in the UK/. However, women before the British Nationality Act 1981 could not pass their citizenship on in the same way men could.

 

A concession was made in the BNA 1981 in this regard for persons born to British Mother but this is only available to those persons having a right of above (which is linked primarily to being a commonwealth country) but this is not available to you because Ireland is not a commonwealth country.

 

In my experience there is little difference on the Canadain immigration authority's treatment of Irish citizens compared to UK citizens. It's more important that you come from either an English or French speaking country.

 

Thanks for your accept and very kind bonus.

 

Kind regards,


Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6428
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Law Specialists are ready to help you

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