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A 19 year old born in UK to non British, living abroad - route to British citizenship?

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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meemeeminnie
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A 19 year old born in UK to non British, living abroad - route to British citizenship?

Post by meemeeminnie » Mon Sep 25, 2023 8:43 pm

Hello everyone. I hope one of you could guide me through.
Our daughter, now 19 years old, was born 2004 in London. Her parents, I was still on spouse visa from my husband who is German. I have got Indefinite Leave to Remain in 2009. We have moved to Germany when she was almost 7 years old. We are now planning to move back to London to make UK our permanent home. Could any one of you could suggest which rout is the best for her to get a British citizenship? In order to going back to UK I do need to apply for a Returning Resident Visa.
Many thanks!

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alterhase58
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Re: A 19 year old born in UK to non British, living abroad - route to British citizenship?

Post by alterhase58 » Mon Sep 25, 2023 9:04 pm

Regarding your daughter, Have you looked at this web page?
https://www.gov.uk/check-british-citize ... april-2006
Did your husband have a permanent residence or ILR document, a letter or stamps in his passport to that effect?
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

meemeeminnie
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Re: A 19 year old born in UK to non British, living abroad - route to British citizenship?

Post by meemeeminnie » Mon Sep 25, 2023 11:50 pm

Hi Alterhase58,
Thanks for the link - yes I read here till my eyes sore! She was born between 2000 and 2006 and at that time just being EEA national wasn’t good enough and he didn’t apply for ILR as we saw no need for it. After I got ILR we could have her registered as British citizen but we didn’t. At the time we never expected we leave UK and UK leaves EU. I found guidelines for UK born person who is up to 18, but not for a person from 19…

secret.simon
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Re: A 19 year old born in UK to non British, living abroad - route to British citizenship?

Post by secret.simon » Tue Sep 26, 2023 3:29 am

There isn't a route for your child under the circumstances you have mentioned.

If a parent has acquired permanent residence under EU law or ILR under the Immigration Rules, a child born in the UK can be registered before their 18th birthday, but not beyond that date. After that date, the child does not have any ability to acquire British citizenship because of their parents immigration status.

If the child, having been born in the UK, had resided in the UK for the first ten years of their life (evidenced by things like doctor and school records), with absences of no more than 90 days in each of the ten years, then they would have a lifelong right to register as a British citizen. But, in your child's case, they left the UK too early.

In your child's case, they derive no advantage to British citizenship from having been born in the UK.

British citizenship is heavily focused on residency in the UK. It can only be passed automatically on to the first generation born abroad and by registration in some very limited cases (depending on how long the British parent had resided in the UK) to the second generation. It is not really designed for globally mobile people.

Re the Returning Resident visa, what visa is the German parent of your child going to apply for to come to the UK? Post Brexit, even German citizens will require visas to work and reside in the UK.

Any permanent residence acquired under the EEA Regulations/EU law will have been extinguished if not converted to Settled Status before or just after Brexit. That required an application to have been made by June 2021. I would presume that the Permanent residence for both your German partner and you is extinguished, if neither of you applied for Settled Status before that date. @alterhase58, you could go more into depth on this point.

On that point, if your German partner is coming to the UK on a visa, he may not be able to sponsor your daughter, who is an adult for the purposes of UK immigration law and will need to find her own way to the UK. UK immigration law is much stricter than EU freedom of movement law and has quite high income and other requirements, depending on number of children under the age of 18.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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alterhase58
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Re: A 19 year old born in UK to non British, living abroad - route to British citizenship?

Post by alterhase58 » Tue Sep 26, 2023 10:31 am

Thanks @secret.simon.
I don't think I can add anything further - suffice to say that EUSS is aimed more or less at the EU citizens and family member resident by the last day of UK membership, and not conferring privileges to former residents.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

meemeeminnie
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Re: A 19 year old born in UK to non British, living abroad - route to British citizenship?

Post by meemeeminnie » Tue Sep 26, 2023 3:32 pm

Thank you both of you ;-)
As a Japanese citizen, I do understand how important 'blood' is. I am not sarcastic. Each country should and can take the right stance for their own interests.
But I do hope one day we will be freed from these nationality brackets!

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