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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7609
Experience:  BA (Hons), PgDip, Practising Solicitor
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I have a question regarding laws on immigration to Engl

Resolved Question:

I have a question regarding laws on immigration to England(Europe). I am a Canadian but my father was born in England. With proper documentation am I eligible for a British(European) passport? And does that passport allow me to immigrate to England( or other European countries?
What would the status of my Canadian born wife be?
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 6 years ago.



Thanks for your question.

Please provide the following further infromation:-

1. Your date of birth

2. Whether your father was a UK citizen holding a UK passport

3. Whether your father's parents were also British

4. You gender


Kind regards,



Customer: replied 6 years ago.

My date of birth is August 6, 1945.


My Father is deceased, so I don't know his citizenship or whether he had a UK passport


My Father's parents were British, yes.



Expert:  Thomas replied 6 years ago.

One more thing.


Was your mother also born in the UK? I note you say she was British.





Customer: replied 6 years ago.

No, my Mother was not born in the UK. I said my Father's parents were British. The botXXXXX XXXXXne is that my Father was born in England. I believe that alone entitles me to apply for an receive a British Passport. I don't think it's actually much more complicated than that.


I do need to know what documents are required to secure this passport and where to apply.


If you can help, great. If not, I'll check out other options.



Expert:  Thomas replied 6 years ago.

Good morning,


I'm sorry I wasn't able to reply to your most recent post, it came rather late at night here.


I assume that your father and mother were married at the time of your birth. As you were born before 1883 outside the UK to a British citizen father born in the UK you are a British Citizen by descent. This means that you cannot pass your UK citizenship on to any child born abroad.


This means that you will be able to apply for a UK passport and you should contact British High Commission in Canada about apply for such after having explained your situation to them.


This means you have the right to travel to and remain in the UK. Please note though that you will not be able to claim benefits straightaway and must be resident for a period of two years before you are able to claim.


After having applied for a passport your wife would have to apply for a spouses visa prior to travelling. The eligibility criteria for this is as follows:-


  • 1. That you are legally married to eachother
  • 2. You have a right be present and settled in the UK
  • 3. You intend to live permanently together here in the UK as husband and wife
  • 4. You can support each other withoutthe need for public funds
  • 5. You have suitable accomodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds or can show that you can afford this
  • 6. That neither of you are younger than 21 years of age.

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

Kind regards,



Edited by T_Graham12 on 10/21/2010 at 7:47 AM EST
Customer: replied 6 years ago.

Just a couple of things beofre I can accept the answer.


1. Yes, my parents were married at the time of my birth


2. your answer says I was "born before 1883" ...Not sure what that means


3. Does this UK passport permit travel and living in any country in the Euro-Zone E.G. Paris, Spain..


Please provide answers or updates to these quesrions and I will be able to "accept the answer.

Expert:  Thomas replied 6 years ago.



1883 was a typo, sorry - I meant 1983 obviously.


Your passport obtained in this manner affords you the same rights as if if you qualified for it by birth so, yes, you would be able to travel to those places within the EEA without restriction.


Hope this clarifies, if so please click accept.

Kind regards,


Thomas and other UK Immigration Law Specialists are ready to help you

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