Born in britain, but can not get a passport! [URGENT]

Hello,

I'm 22years old, British born and have never left Britain. I recently applied for my first adult passport however I have hit a brick wall.

My mother was born in Granada and moved to the Britain when she was about 5 years old, she has never left Britain since, she was educated in Britain and has worked and contributed to the British economy for over 30 years. In the early 1970s my grandmother applied for a full British passport because of the entire issue of Granada becoming independent from Britain. My mother was added onto my grandmothers passport as a child.

Here is the tricky part. My grandmother lost her British passport in the early 2000s when moving house, she is really old and is suffering from mental problems so we couldn’t expect her to apply for a new passport. In early 2009 my mother applied for her first adult passport but she ONLY has her Grenadian passport in her possession which she entered the UK with when she was 5 years old and was advised to naturalisation despite her growing up in Britain i.e. going to school, university and working here and never leaving the country! Unfortunately because my grandmother's British passport was lost my mother was unable to get a passport through her and the home office and Identity & Passport Service were unwilling to search their computers and verify that my mother was indeed added onto my grandmother's full British passport at a young age. Unfortunately because my mother's job required that she has a passport my mother was left with no option but to reluctantly participate in naturalisation to obtain her British passport.
(the passport has since arrived)

Now its gets more tricky. During the summer I have applied for my first adult passport, I sent them my birth certificate as evidence that I was born in England. However they wrote back saying "that a child born on or after the 1 January 1983 shall be a British citizen if, at the time of the childs birth, either parents is British or settled in the United Kingdom". Unfortunately I do not know my father, and getting in contact with him is not an option but according to my birth certificate he wasn’t born in Britain but could of held a British passport or had indefinite leave before I was born, who knows!

As I said earlier my mother has been in the UK since the age of 5 and has never left, doesn’t that constitute as "settled"? The person dealing with my passport application is being very unhelpful and she says regardless of whether my mother was added onto my grandmother’s British passport it was nullified when she naturalised. It wasn’t my mothers fault that they didn't want to search for my grandmother's passport records before she naturalised! (mother was added onto it)

My passport application has been delayed until I can clear this mess up, what is the best method of getting around this issue? If my grandmother was healthy I suppose she could renew for her British passport and that will nullify my mothers naturalisation and hence I can get my British passport, but she isn’t well so that out rules that. I'm unwilling to naturalise as its embarrassing, I was born in Britain and I have never left the country so naturalisation is not an option I'm willing to take just for the formability of obtaining a passport.

Any suggestions welcome.

Your case is very interesting and complex as well. IMO i think there are a number of ways of looking at it.
First thing as you you have already realised the IPS (passport agency) will not issue you with a passport until YOU prove you are British. How you do this is the question really and there too could lie a number of different answers.
1/ You could go to the route of proving your mother was British or Settled when you born therefore. By settled they mean she had Indefinite Leave to Remain (ILR) or ILE. proving your mum was British alread could be a task, proving she was settled may be easier. On what basis did she apply for naturalisation?

2/ If you cannot prove you are already British then you may have to go via the naturalisation route in your case registration
http://www.ukba.homeoffice.gov.uk/briti ... /borninuk/
probably going through theForm T route

I would say read as much as you can from the UK Border agency website and on this site as well to find out your best option before you make your next move.

I could be wrong of course as I am not an expert on this but I hope it gives you a useful starting point

quickquick wrote:As I said earlier my mother has been in the UK since the age of 5 and has never left, doesn’t that constitute as "settled"?

Can you put some dates on that please? That is :-

• when was she born?
• when did she come to the UK?
• has any UK visa ever been applied for for her? If so, details.

As you have now found, the hard way, the Passport Agency are now much more knowledgeable about Nationality matters.

Grenada became independent in 1974. Before then, Grenadans had British passports, however after that point most Grenadans (including many living in Britain) lost British nationality.

Unless there were some ties by way of descent or marriage to the United Kingdom or a place which remained a colony.

What that means is that unless grandmother (and mother) acquired British nationality in the UK after Grenada independence, there was no claim to British citizenship for either of them.

Good news is that mother is now naturalised (which suggests she lost British nationality at independence) => there must be a Home Office record of when she got ILR.

If mother got ILR before "quickquick" was born, then the way to prove British citizenship is form NS:
http://www.bia.homeoffice.gov.uk/britis ... tizenship/

Otherwise, Form T is the way to register as a British citizen, as already noted.

f2k wrote:Your case is very interesting and complex as well. IMO i think there are a number of ways of looking at it.
First thing as you you have already realised the IPS (passport agency) will not issue you with a passport until YOU prove you are British. How you do this is the question really and there too could lie a number of different answers.
1/ You could go to the route of proving your mother was British or Settled when you born therefore. By settled they mean she had Indefinite Leave to Remain (ILR) or ILE.

There's 6-7 ways of showing settlement, arguably more when secondary evidence comes into it. The latter being form NS bound most likely.

It really helped when gov.uk publicised the policies used for passport applications. Till then, people like me and OP were left in the dark.

Advice given by phone/email by non decision makers with limited knowledge is incomplete and automated.

You don't require a birth certificate nor parent's ILR. They just never tell you all the possibilities at hand.

When I pinpointed them on this by email, they said to test the strength by application, and that their decision makers are experts on nationality.

lol, British passports are a scam IMO nowadays. Ageist/sexist/dearly beloved laws and secretiveness.

Another point is the Home Office deletes immigration files after 15 years of 'last action'. So don't go thinking info on your parents will be held on a computer.

Part & Parcel of why they need the documents. They wouldn't waste their time/money otherwise, if all info are finger clicks away.

Another poster said computer-wise they only check your birth certificate via the GRO. I believe him.

Hi All,

I am very new to forums, my first post ever! So I would like to apologise for any of my short comings anywhere.

I was born in 1985, but I have not had contact with my birth mother since birth. My dad has been in the UK since the late 60's and not traveled abroad since.

As you know I need to show that atleast one of my parent's had ILR before I was born. In the case of my dad he says that when he came into the UK they did not have ILR stamps and therefore he doesn't have one on his passport (passport is Pakistani, this was issued in the UK in the late 60's).

Now I am aware of the NS form which can help me determine whether I am a british citizen. But can I rely on this application to let the Passport Office do check on their systems to see if they can just check if my birth mother had ILR before I was born and get a certificate like that?

Also I have seen a NTL form which states:

If you were present and settled in the UK on 1 January 1973 and you did not have the right of abode, or you were not otherwise exempt from immigration control, you are deemed to have been granted indefinite leave to remain on that date, even though you may not have received formal notification of this decision (for example, an indefinite leave stamp in your passport). Provided you can show that you have resided continuously in the UK since that date and have not had your indefinite leave cancelled or revoked, you will have retained your indefinite leave status. If you wish to have your status confirmed on a BRP you must use form NTL. You will need to provide as many documents as possible to show that you were present and settled in the UK on 1 January 1973 and have continued to reside here since that date. Please see Section 6 of the application form under the heading “Evidence of continuous residence in the UK” for examples of the types of documents you should submit.

Can I show the passport office my dads passport to show that he is eligible for ILR automatically but just doesn't have it stamped? I know my father should, if he can just get the ILR stamp sorted but he has personal reasons by which he does not want to.

Can anyone help me get my passport sorted please?

Thanks

Hi!

Sorry to hear your frustrations! But I do suggest you calm down and invest for a lot of patience since I believe you may need to go through the process of Naturalisation first. No more reacting, as it will just delay you of getting a passport.

To explain simply, being born in UK doesn't mean you will automatically be a British Citizen. Much more for someone who migrate or immigrate to UK (you status will be dependent with your parents' nationality). Although the circumstances can consider you to be one soon, you, same as all of us, must go through the process first.

To make it easier for you, I suggest you consult or hire a solicitor to act on your behalf. It will take off some of the burden and facilitate the correct evidences you may need.

AsifQadir wrote:Now I am aware of the NS form which can help me determine whether I am a british citizen. But can I rely on this application to let the Passport Office do check on their systems to see if they can just check if my birth mother had ILR before I was born and get a certificate like that?

Sadly no. Relying on form NS to reveal data to auto confirm your nationality is a scam.

They do no checks a passport office can't do. The onus is still on you; they're just less strict in agreeing to a claim, as it's based on balance of probability. Whether they exercise that properly (anything > 50% likely = yes) is another issue. You need good secondary evidence to sway them.

The other form of data checking, which may be the same as what passport/NS offices do, is a Subject Access Request. Problem; data over 15 years is usually destroyed. Can't believe this is ignored on here.

Yet natives have births/marriages permanently recorded by GRO, so no problems proving nationality.

Hi there i would like some information please.I recently applied for my first uk passport.I got told i have no claim to one.My mother was born in Amercia but moved here as a child in the 70s.She never left until she passed away in 1993.I was born in october 1983 so because the law changed that year i,m not automatcally british.If i am not british then what am i?My father is not on my birth lines so i cant claim through him.I have been told to apply for british citizenship which costs alot of money and can take years.If i am honest i feel offended that i have to apply and pay money to be part of a country i was born and raised in.I am also not sure if i can get an american passport if so can i use it like a normal british passport or would i have problems getting out and in the country?I have no idea what to do so any help would be much appreciated.
thanks for taking the time to read my post.

Do you know your mother's UK visa status? For example, do you still have her US passports? If yes, what UK visas are in such passports?

In any case, it looks highly likely that you are a US Citizen, but again your mother's US passports would be useful to prove that.

Thanks for your reply. I dont no my mothers status she moved her when she was a child and never used her passport again.I never new i had any problem until now.I spoke to a lawyer today and he thinks i am stateless or going for a american passport is a bad idea because it could give up my rights to live and work in this country.

paul1983 wrote:My mother was born in Amerca but moved here as a child in the 70s.

How old was she?

paul1983 wrote:My father is not on my birth lines so i cant claim through him.

Your father is on your 'birth line' and may pass on some form citizenship as well. What is his citizenship?

paul1983 wrote:I have been told to apply for british citizenship which costs alot of money and can take years.

Cost a lot money? Depends on your perspective. Take years? In your, case I doubt it.

paul1983 wrote:If i am honest i feel offended that i have to apply and pay money to be part of a country i was born and raised in.

I agree with you wholeheartedly.

paul1983 wrote:I am also not sure if i can get an American passport

Need your mother's age when she came over. Need your father citizenship details.

paul1983 wrote:if so can i use it like a normal British passport or would i have problems getting out and in the country?

Don't leave the country until your UK status is firm and settled! At this point, I wouldn't bother with a U.S. passport. Focus on the British one first.

paul1983 wrote:I have no idea what to do so any help would be much appreciated.

Well everything depends on your mom's age when she came to the UK and your dad's citizenship. You *might* be stateless. As strange as it may sound, this actually would be an advantage as you can probably go straight for British citizenship. If you are in fact demonstrably American, you may have to become 'settled' first and then later go on to naturalization. If your mother had ILR before you were born, you are automatically British at birth no matter what the deal with American citizenship might be.

paul1983 wrote:...going for a american passport is a bad idea because it could give up my rights to live and work in this country.

Not true. The UK is a sovereign nation and its providence to give someone rights to live and work in this country is entirely its own, and does NOT depend on whatever citizenship other countries may bestow. That's strictly between you and that country. But don't travel outside of the UK until your status here is settled and undeniable.

Wait a minute, your mother moved the the UK as a child. So it is reasonable to think she did not travel alone! That is, someone must have brought her to the UK, but on what basis? To accompany one or both of her parents? If so it is reasonable to ask, what sort of visa did she have?

The point is this. If her last visa was ILR .... Indefinite Leave to Remain .... and she got that before you were born, then you have been British from the moment of your birth. All you need to do is to prove she had ILR in the UK, and then it will be easy for you to get a British passport.

So, please, tell us what you know about your mother's UK immigration history.

My grandmother met my grandfather in the war he was a american soldier.She was british.They moved to amercia for a while.My mother was born over there.My grandparents moved back to the uk.My mother must have been ten or eleven years old i am not sure but lived her until she died in 1993.I never new my father but he is british.He is not on my birth lines
Thanks

paul1983 wrote:My grandmother met my grandfather in the war he was a american soldier.She was british.They moved to amercia for a while.My mother was born over there.My grandparents moved back to the uk.My mother must have been ten or eleven years old i am not sure but lived her until she died in 1993.I never new my father but he is british.He is not on my birth lines
Thanks

I do not understand what you mean with this cryptic remark 'He is not on my birth lines', but let me assure you that his citizenship has a direct influence on yours. If he is British, then you are British by birth. Is he listed on your birth certificate? Also, I believe your mother was British by Descent, which also means you are British by birth (things are looking up). Can you get a copy of your mother's birth certificate and a copy of your grandparent's marriage certificate?

Can you get a copy of your mother's birth certificate and a copy of your grandparent's marriage certificate?

Also your grandmother's birth certificate?

I think my grandparents got married in america but not sure.On my birth lines were my fathers name should be it says unknown,he is not listed on it.
Thanks

I was wrong my grandparents were married in 1954 in the UK.
thanks

Your mother's parents, your grandparents, what nationality were they?

paul1983 wrote:I was wrong my grandparents were married in 1954 in the UK.
thanks

If you know where they were married, it shouldn't be a problem to get their marriage certificate. If you know which state your mother was born in, it won't be much of a problem to write to the state and get a copy of her birth certificate. That alone may be enough, but it probably wouldn't hurt to get your maternal grandmother's birth certificate as well. Assuming everything you've said is accurate, you are British by birth without question. You just need to get some documents together, all of which are public records.

my grandfather was american and my grandmother was british.I have their marriage certificate.I also have my grandmothers british passport although its out of date now.Would these help?
Thanks

Hi again am wondering were i would show all these documents that would prove i am british? Would i send all these documents to the passport office?
Thanks

I think you ought to just go ahead and submit these documents and try again. I believe this, plus a bit of common sense, will suffice.

quickquick wrote:I'm unwilling to naturalise as its embarrassing, I was born in Britain and I have never left the country so naturalisation is not an option I'm willing to take just for the formability of obtaining a passport.

Best quote I've read on here. We as British-born to foreign parents, need our own section or forum. Nobody sympathises with our plight. Our parents' records were destroyed by the government and nobody gives a damn. We are worthless in the country we're born and raised in. Only the indigenous population have their records permanently recorded and cared for.

We'd be better off disassociating ourselves from our birth certificates and saying we were abandoned here at birth. We'd have a stronger claim to British nationality that way. Or claim to be born abroad or born here unregistered, after the naturalisation date of your parent. All of these have scope to use affidavits etc instead.

Our births being registered was not only pointless, but arguably detrimental. And I'd still love to find out how to apply for a high court declaration on British Nationality.