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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7620
Experience:  BA (Hons), PgDip, Practising Solicitor
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I have a question about the legal status of our Au Pair. Her

Resolved Question:

I have a question about the legal status of our Au Pair. Her mother is British by descent (born in New Zealand). She currently lives in France with her mother with a local residency permit, and will have lived there three years this summer (with the mother).

I understand that when a parent who is British by descent has lived in the U.K. for three years, the child can become a British citizen by descent. Is that also the case if that parent has lived somehwere else in the European Union?
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 5 years ago.
Thanks for your question and detail you have provided.

For clarity and the avoidance of doubt, could you please respond to the following USING THE SAME NUMBERING:-
1. How old is the Au Pair please?
2. Where parent’s of the au pair’s mother British otherwise than by descent (ie. british by birth having been born in the UK to british parents, or otherwise born in the UK before 1983
Kind regards.

Customer: replied 5 years ago.
Hi Tom,

1. The Au Pair is currently 19, turning 20 in October.
2. Father of the mother was British by birth and born in Britain (Scotland) before 1983, mother was from New Zealand.

Expert:  Thomas replied 5 years ago.
Hi John,

One final question; What nationality is she presently?

Kind regards,

Customer: replied 5 years ago.

New Zealand is her only current nationality.

Expert:  Thomas replied 5 years ago.
Hi John,

Thanks for your reply.

The form of registration I believe you are referring to is adequately detailed on this UKBA link:-

Unfortunately you will see that part of the eligibility criteria in order to register in this way is that the application for registration must be submitted before the applicant’s 18th birth day. On this basis, she would not be eligible to apply for UK citizenship at the present time. They are very strict about applying this criteria and the application would be refused.

However, all is not lost. On the basis that she is presently a citizen of a commonwealth country and she has a British grandparent who were themselves born in the UK then she can apply for an Ancestry Visa. This is a visa granted to a person with UK ancestry who wishes to come to the UK to work. :-

Once the holder of such a visa has been in the UK working on it for a continuous period of 5 years they may apply for settlement (ie. indefinite leave to remain).

Once they have held ILR for 12 months they may then apply to naturalise as a UK citizen provided they meet the criteria on the following page:-

Once naturalised they will hold UK citizenship otherwise than by descent. So any of their own children born outside the UK will be able to get citizenship by descent.

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Kind regards,

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