Eligibility for British Citizen

Hey,

I remember looking on gov.uk a year ago and was able to find some info about applying for British Citizenship if I was born in the UK. I suppose laws been changed so Id have to go another route.

I'm born in UK on 1992. My parents did not settle until 2005, so I'm currently Malaysian since I hold the passport. I havn't left UK since 2005, so I've spent most of my years here. I also have my old passports when I was younger to show I've not travelled outside of UK for more than 90 days in a given year.

I have enough statements and workslips for my employment in the last 10 years to show as well as a university degree.

Looking to apply to become British and let go of my Malaysian nationality since they don't allow dual national. Do I need to apply for ILR first inorder to be eligible for the naturalisation process?

notmelvn wrote: ↑

Sat Dec 30, 2023 2:57 am

I'm born in UK on 1992.

Did you live in the UK for the first ten years of your life, with no more than 90 days per year outside the UK?

And crucially do you have documentary proof of that? While passports are definitely helpful, you may also require school records and in some cases, GP records for the first few years that are not covered by school records (see Page 10 of the Form T guidance)

If you meet the requirement stated in the question above, you should be able to register as a British citizen on Form T.

If you meet the requirements and have the documentary proof for Form T as mentioned above, you would not require ILR. But if you do not have ILR, what is the legal basis of your residence in the UK at the moment (assuming that you are in the UK currently)?

Note that you will become a British citizen otherwise than by descent only after your registration certificate is issued (and you attend a citizenship ceremony). Therefore any children already born before that date to you outside the UK will not benefit.

I'm 31 now so it is a bit hazy in terms of exact days. I should suspect I've not been outside for more than 90 days based on what I can see on my passport.

That said, I don't have any GP records nor school records aside from dated certificates. Is this a strong enough case?

Not really sure what my legal basis is. Havn't really left the UK since I was a child so I've managed to work and live here.

notmelvn wrote: ↑

Sat Dec 30, 2023 2:47 pm

That said, I don't have any GP records nor school records aside from dated certificates. Is this a strong enough case?

Contacts the schools and GP practices if still open for copies.

notmelvn wrote: ↑

Sat Dec 30, 2023 2:47 pm

Not really sure what my legal basis is. Havn't really left the UK since I was a child so I've managed to work and live here.

I can only presume that you haven't changed jobs or rented a property in the past decade. Since ~2015, it has become mandatory for employers and landlords to have copies of the documentary proof of legal status to work and reside in the UK. And that proof has very specific forms (such as a BRP for ILR, etc).

It is possible that your parents may have applied for ILR for you already in 2005, when they got ILR. Check your past passports for a stamp or vignette for "Indefinite Leave to Remain" or "No Time Limit" or "Not subject to immigration restrictions" or words to similar effect.

I would do a SAR to see what records UKVI has for you - such as dates for ILR or other immigration applications your parents have made for you.

contorted_svy wrote: ↑

Sat Dec 30, 2023 3:19 pm

I would do a SAR to see what records UKVI has for you - such as dates for ILR or other immigration applications your parents have made for you.

Keep in mind that the Home Office only keeps records for a limited period of time (from 2 to 10 years generally, depending on subject matter).

If the OP hasn't interacted with the Home Office in that time frame, the Home Office may not have any records.

The onus of maintaining records is on the applicant, not the Home Office.

Thanks for all the help.

I think I'm going to find myself an immigration solicitor and lay out my current evidence to see what the best outcome is.

As far as I know it seems I might be in quite a predicament without the valid proof of anything to say I'm formally legal to reside here as I can't seem to see an ILR stamp on my passports.

Good luck. Keep us posted.