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John Knox
John Knox, Solicitor
Category: UK Immigration Law
Satisfied Customers: 1155
Experience:  solicitor with 8 years experience
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hello i am an american,moved to england in 1973,born in japan

Customer Question

hello i am an american,moved to england in 1973,born in japan 1963,mother is english,father american,we thought we had duel nationality,i have now married an englishman, just wondering if i have got to apply for british citizenship.
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  John Knox replied 5 years ago.
Hello

Have you been living in England since 1973?
Customer: replied 5 years ago.
yes when my father retired from usaf
Expert:  John Knox replied 5 years ago.
OK. You will have to apply then, yes, but it will be straightforward.

Can you tell me, have you been outside the UK for more than 270 days in the last 3 years and/or more than 90 days in the last 12 months?
Customer: replied 5 years ago.
no just normal 2 week holidays 3 times florida,2 times spain, 1 time eygpt
Expert:  John Knox replied 5 years ago.
OK, thanks that's fine.

There are two options available to you. You qualify to be naturalised as a British citizen or to register as a British citizen by descent.

Which one you choose is up to you but the easiest and most obvious route, given your circumstances, is to register as a British citizen by descent.

You will need to make an application to the UK Border Agency, on form UKM, which you can do through the online portal, which you can find here:

https://apply.ukba.homeoffice.gov.uk/iapply.portal?_nfpb=true&_pageLabel=confirmAndDownload&formId=UKM&com.sun.faces.portlet.CLEAR_STATE=true

There is now no fee for the application, despite what it says at the beginning on the portal.

Guidance as to the requirements and how to complete the application can be found here:

http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/nationality/guide_ukm.pdf

What you have to show, to be successful, is this:

1. You were born before Jan 1983; and

2. You would have become a citizen of the United Kingdom and Colonies by
descent if women had been able to pass on citizenship to their children in the
same way as men at the time of your birth; and

3. Had you become a citizen of the United Kingdom and Colonies, you would
then have had the right of abode in the United Kingdom; and

4. That you are of good character.

I take it that 1 and 4 will not be a problem. You will be able to satisfy 2 because your mother is British and would have passed that nationality on to you when you were born, had the law enabled her to. As for 3, as you have lived in the UK since 1973, you would have had the right to live in the UK as at Jan 1983 (having by that time already been here for 10 years).

I am confident that you will be successful with your application. You will see that there is a lot of information in the guidance notes but do let me know, should you have any further queries.

Best wishes
Duncan
Expert:  John Knox replied 5 years ago.
Hello

Please remember to click ACCEPT so that I receive credit for helping you.

Thanks

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