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Mother a British Citizen, can I get a UK passport?


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#21 JAJ

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Posted 03 August 2006 - 12:15 AM

But if you apply for a spouse visa for your husband, does that mean he has a further 2 years to go to get ILR?


Yes, that is quite correct!" :angry: It is crazy that if one is out the country and have been married for longer than 4 years, you can apply for ILE, however it appears the only option if you are in the UK is to apply for a spousal visa! Madness. There doesn't appear to be any provision for those already in the UK who's circumstances change like our did.



There are provisions for granting ILR outside the Immigration Rules. But not a do-it-yourself area. With respect, it seems you haven't hired an expert on "out-of-policy" cases to review both your spouse's case and whether the HO applied due process in refusing your children's citizenship applications.

Strssful, if that's the case, you're making a mistake, IMHO.

You can read all the Home Office policy instructions here (other than for a few restricted sections):
http://www.ind.homeo...cyinstructions/

But there are limits to what a single person can achieve compared to an expert who handles cases like yours every day. The only additional pointer I'd make is that anecdotally, many immigration advisers don't have the experience (or exposure to nationality issues) to add much value, you need to find one that does.



#22 Stressful

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Posted 03 August 2006 - 07:46 AM


But if you apply for a spouse visa for your husband, does that mean he has a further 2 years to go to get ILR?


Yes, that is quite correct!" :angry: It is crazy that if one is out the country and have been married for longer than 4 years, you can apply for ILE, however it appears the only option if you are in the UK is to apply for a spousal visa! Madness. There doesn't appear to be any provision for those already in the UK who's circumstances change like our did.



There are provisions for granting ILR outside the Immigration Rules. But not a do-it-yourself area. With respect, it seems you haven't hired an expert on "out-of-policy" cases to review both your spouse's case and whether the HO applied due process in refusing your children's citizenship applications.

Strssful, if that's the case, you're making a mistake, IMHO.

You can read all the Home Office policy instructions here (other than for a few restricted sections):
http://www.ind.homeo...cyinstructions/

But there are limits to what a single person can achieve compared to an expert who handles cases like yours every day. The only additional pointer I'd make is that anecdotally, many immigration advisers don't have the experience (or exposure to nationality issues) to add much value, you need to find one that does.



I hear what you are saying JaJ. I initially went to a OISC registered person who came recommended I might add! She in turn obtained an opinion from Counsel who was also an immigration judge!! :wacko: This Counsel suggested we apply for registration for the boys, without considering they never had ILR. To be honest, with all the incorrect info etc I had received and being days away from my boys 18th, I went straight down to the PEO office and got ILR. With all that we had been through I never had the strength (or finances after this lot!!) to appeal etc. I just wanted them here legally!

#23 JAJ

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Posted 03 August 2006 - 10:40 AM

I hear what you are saying JaJ. I initially went to a OISC registered person who came recommended I might add! She in turn obtained an opinion from Counsel who was also an immigration judge!! :wacko: This Counsel suggested we apply for registration for the boys, without considering they never had ILR. To be honest, with all the incorrect info etc I had received and being days away from my boys 18th, I went straight down to the PEO office and got ILR. With all that we had been through I never had the strength (or finances after this lot!!) to appeal etc. I just wanted them here legally!



If you paid money for advice that you feel was poor quality have you thought of a. asking for your money back, and/or b. making a complaint to the person's regulator?

#24 Stressful

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Posted 04 August 2006 - 07:43 AM



I hear what you are saying JaJ. I initially went to a OISC registered person who came recommended I might add! She in turn obtained an opinion from Counsel who was also an immigration judge!! :wacko: This Counsel suggested we apply for registration for the boys, without considering they never had ILR. To be honest, with all the incorrect info etc I had received and being days away from my boys 18th, I went straight down to the PEO office and got ILR. With all that we had been through I never had the strength (or finances after this lot!!) to appeal etc. I just wanted them here legally!



If you paid money for advice that you feel was poor quality have you thought of a. asking for your money back, and/or b. making a complaint to the person's regulator?



How would I prove its poor quality advice? I really dont have the finances and its just going to be drawn out and more stress involved.

But thanks anyway!

#25 JAJ

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Posted 04 August 2006 - 12:22 PM

How would I prove its poor quality advice? I really dont have the finances and its just going to be drawn out and more stress involved.

But thanks anyway!


I don't think it costs money to make a complaint and you don't have to prove anything, the regulatory authority would investigate the circumstances. But a polite request to have your money back might pay dividends.

Your choice.

In any case, unless your husband really wants to wait another 2 years for ILR, you will need some competent advice.

#26 ftgpmb

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Posted 29 September 2006 - 08:09 PM

Hi all - sorry, seems ukresident didn't notify me of all your posts in here. Thank you. anyway, you've all contributed to my questions in the ILR section which effectively picks this one up, so thanks for that too. For the record in here though, my son was successfully granted citizenship as advised here and if you want the see the permutations considered for my wife's application, read the 4 pages and growing post in the ILR section!

#27 JAJ

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Posted 29 September 2006 - 09:47 PM

Hi all - sorry, seems ukresident didn't notify me of all your posts in here. Thank you. anyway, you've all contributed to my questions in the ILR section which effectively picks this one up, so thanks for that too. For the record in here though, my son was successfully granted citizenship as advised here



It's a different situation because your son was born in the UK and hence had an entitlement to be registered as a British citizen under section 1(3) of the 1981 Act (no need for ILR).

The children of the original poster ("stressful") were not born in the UK and hence an application for discretionary registration under section 3(1) of the Act. The relevant policy is described in section 9.15 of the Nationality Instructions:
http://www.ind.homeo...er9?view=Binary (pdf)

Normally a requirement for such registration is that the child should have ILR but Home Office caseworkers are obliged to consider the full circumstances of each case. In this situation it appears they did not follow the process and the decision could have been challenged on that basis, however the OP decided not to do so.

#28 cie3

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Posted 13 August 2008 - 05:19 AM

I'd like to post here for advice if under the proposed changes to be debated in December 2008 I might apply successfully for citizenship via the UKM form.

This is preliminary information that I received from the consulate in the US in 2005:

I was born in Los Angeles, CA 1968. My mother was born in S. America in 1934 to a British father but it was determined that my mother earned her citizenship by decent and as of three years ago I was thus not eligible to do the UKM form. If this is the case and what follows is correct, would I be able to do the UKM form now in 2008 or 2009 with the new proposed change and successfully apply for UK citizenship?

Had another look at this case and from the information which is provided, i still do not see a case for Registration under Section 4C of the British Nationality Act 1981. 1. Paternal Grandfather born in the United Kingdom is a British Subject by birth under the Section 1(1)(a) BNSAA 1914 2. Daughter born in 1934 outside the UK and Colonies would have been a British Subject by decent under Section 1(1)(B)(iv) BNSAA 1922, as read with BNSAA 1914 (father in diplomatic service). On the introduction of the British Nationality Act 1948, his daughter would then have had a status of British Subject, Citizen of the UK & Colonies Section 12(2) BNA 1948. This is nationality gained by decent. 3. Under the BNA 1948, females could not pass on nationality. However, if they had been able to, her daughter would then be the second generation born outside the UK and have no automatic claim to British Nationality (unless registered at a Embassy within one year of birth under Section 5(1)(B) BNA 1948).

Thanks for any help or advice you can offer.

#29 deanr

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Posted 22 October 2008 - 03:49 PM

My mother was born in Kenya in 1953 to British citizens, moved to the uk at the age of 5 and stayed there for 6 years then came to australia, however she has no paperwork stating her british citizenship and never had a british passport, is she a citizen by birth or descent?

#30 JAJ

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Posted 22 October 2008 - 11:08 PM

Please post new questions on a new thread, to avoid confusion. This thread now closed.




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