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questions .... am I British?

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htsg1971
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questions .... am I British?

Post by htsg1971 » Tue Dec 19, 2006 7:31 am

hello
I am a canadian citizen in canada. I also have american citizenship (my dad was born there and got it for me when I was little).
my mother was born in scotland (and was living there). I was born in 1985.

I'm not sure what this means. Am I a british citizen? can I work there? do I need something to proove I can work there, and what, and how would I get it?
thank you very much

Christophe
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Post by Christophe » Tue Dec 19, 2006 9:59 am

Others would know better than me, but from what you post, it seems you are a British citizen (by descent) through your mother, and that you can therefore apply for a British passport. You don't need to take any steps to 'make' yourself a British citizen, since you are one already. Applying for a British passport will make no difference to your status as a Canadian citizen or a US citizen.

You could, if you wanted, apply for a certificate of entitlement to the right of abode to be placed (most simply) in your Canadian passport - this certificate confirms your right of abode in the UK (which is what you have as a British citizen) and would give you the same rights to enter, live in and work in the UK as a British passport would. However, it is (I think) no cheaper than a British passport if you apply in Canada and it does not give you any rights in EU/EEA countries other than the UK, so this seems a less sensible way to proceed if you want to act on your British citizenship.

Information is available on the website of the British High Commission in Ottawa: http://www.britishhighcommission.gov.uk - click on Consular and Visa services in the top left-hand corner.

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Post by John » Tue Dec 19, 2006 10:01 am

What nationality is your mother? And what year was she born?

Also, where were you born?
John

JAJ
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Post by JAJ » Tue Dec 19, 2006 12:52 pm

John wrote:What nationality is your mother? And what year was she born?

Also, where were you born?
John - he says his mother was born in Scotland and that he was born in 1985. I can't see how the year of his mother's birth makes a difference as she was obviously born long before 1983.

He is on the basis of facts presented, a British citizen by descent.

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Post by John » Tue Dec 19, 2006 1:22 pm

I think you are right ..... unless his mother's father was a Diplomat?

htsg1971, looking good! Just apply for your British Passport like any other British Citizen!
John

htsg1971
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Post by htsg1971 » Tue Dec 19, 2006 11:29 pm

cheers, thanks a lot. I was going in circles on all the government sites.

JAJ
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Post by JAJ » Wed Dec 20, 2006 7:52 am

John wrote:I think you are right ..... unless his mother's father was a Diplomat?
Even there it's not totally clear-cut - Paul may correct me, but as far as I can tell, persons born in the United Kingdom prior to 1 January 1949 to diplomats from Commonwealth nations did acquire British nationality.

There are also a few situations where the mother was the diplomat - in this case, persons born before 10 April 1968 (when the loophole was closed) may have acquired British nationality at birth.
Just apply for your British Passport like any other British Citizen!
Although he needs to remember he can't automatically pass on his British citizenship to Canada or U.S. born children.

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Post by John » Wed Dec 20, 2006 8:29 am

Although he needs to remember he can't automatically pass on his British citizenship to Canada or U.S. born children.
Indeed, or actually to any children of his born outside the UK. Whilst any children of his born in the UK will be British "otherwise than by decent".
John

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Post by Kayalami » Wed Dec 20, 2006 11:01 pm

I note that the OP has not actually stated where he/she was born. Reading his/her first post one could potentially misconstrue that he/she was born in Scotland when his/her mother was 'living there'. It may be more likely he/she was born in Canada.

htsg1971
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Post by htsg1971 » Thu Dec 21, 2006 3:09 am

Yes, I (a she) was born in canada. my mother was just your average scottish citizen and has since moved to canada. she is also a canadian citizen. I know the citizenship won't be passed to any of my children.

so, do I actually need anything to work there legally, or is it fine already but might just be easier if I had a passport?

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Post by John » Thu Dec 21, 2006 8:32 am

I think you really do need to apply for a British passport from the BHC there in Canada. Two reasons ... firstly it will ensure you have no problem entering the UK for an indefinite stay, and secondly, it will ensure that you have no problem proving your ability to work in the UK.

Without a British passport ... "merely" a Canadian one ... you are going to face questions on arrival at the UK port of entry about how long you are going to stay ... and also have significant problems convincing potential employers about your ability to work in the UK.

OK a Right of Abode sticker in your Canadian passport would help, but the cost of getting that is about the same as getting a British passport, so why go down that route?

Lots more information on this BHC webpage.
John

Christophe
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Post by Christophe » Thu Dec 21, 2006 10:40 am

htsg1971 wrote:so, do I actually need anything to work there legally, or is it fine already but might just be easier if I had a passport?
As a British citizen, you are entitled to live and work in the United Kingdom. However, when you enter the UK you will need to present documentation to the passport officer that is suitable for the purpose of your trip - so if you're entering to the UK to work, for example, an unendorsed Canadian passport wouldn't do. (Being a British citizen doesn't give you the right to lie to the passport officer about your intentions either.)

For simplicity and ease, if you are planning to enter the UK as anything other than a short-term visitor, then I'd recommend you get a British passport, as noted above.

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Post by ppron747 » Thu Dec 21, 2006 11:44 am

Since 16th June 2006, section 3(9) of the Immigration Act 1971 has said
A person seeking to enter the United Kingdom and claiming to have the right of abode there shall prove it by means of-
  • (a) a United Kingdom passport describing him as a British citizen,

    (b) a United Kingdom passport describing him as a British subject with the right of abode in the United Kingdom,

    (c) an ID card issued under the Identity Cards Act 2006 describing him as a British citizen,

    (d) an ID card issued under that Act describing him as a British subject with the right of abode in the United Kingdom, or

    (e) a certificate of entitlement.
Given that OP's only basis for living in the UK is that he has the right of abode under the Immigration Act 1971, this means that he must hold either a BC passport or a Certificate of Entitlement in his non-British passport in order to come here to live and work.
|| paul R.I.P, January, 2007
Want a 2nd opinion? One will be along shortly....

htsg1971
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Post by htsg1971 » Thu Dec 21, 2006 10:30 pm

ok, thanks. I've decided to go ahead and start filling out the passport applications. thanks again.

Dawie
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Post by Dawie » Fri Dec 22, 2006 10:46 am

htsg1971 wrote:ok, thanks. I've decided to go ahead and start filling out the passport applications. thanks again.
Don't forget that although you may be a British citizen you will need to provide all the evidence with your passport application to prove this.
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

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Post by ppron747 » Fri Dec 22, 2006 11:06 am

HTSG1971's mother's UK birth certificate, and his/her own Canadian birth certificate should take care of that. Both birth certs need to be "long form" or "unabridged" - ie naming the parents.

If Mum's original birth certificate has gone astray, a replacement should be obtainable from the General Register Office for Scotland which (unlike its England & Wales counterpart) doesn't seem to have embraced the concept of online shopping....

Parents' marriage certificate may also be required, depending on whether or not the Canadian birth cert gives Mum's maiden name.
|| paul R.I.P, January, 2007
Want a 2nd opinion? One will be along shortly....

htsg1971
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Post by htsg1971 » Fri Dec 22, 2006 8:13 pm

ah, ok. thanks.

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