Born Abroad to British Mother

BurtMacklin89 · Post by **BurtMacklin89** » Sun Aug 18, 2019 4:02 pm

Good afternoon,

I have a question regarding citizenship status. I'm currently on a Dutch passport and was born in the Netherlands in 1989 - I have been living in the UK since 2013, but have never paused to think about getting any official documentation.

looking for advice on what the easiest way to go is here. I'm not willing to give up my NL passport - and because I'm an adult, I can no longer hold both passports.

How easy would it be to get a citizenship certificate?

any advice on this would be very helpful!

Thank you,

joeano353 · Post by **joeano353** » Sun Aug 18, 2019 5:42 pm

The easiest way is to apply for settled status and one year later apply for british nationality. Alternatively you can apply for a DCPR showing evidence of exercising treaty rights for 6 years and on getting it apply for british national. Since you are over 18 you cannot apply for registration as a means of obtaining British nationality.

CR001 · Post by **CR001** » Sun Aug 18, 2019 6:10 pm

joeano353 wrote: ↑
Sun Aug 18, 2019 5:42 pm
The easiest way is to apply for settled status and one year later apply for british nationality. Alternatively you can apply for a DCPR showing evidence of exercising treaty rights for 6 years and on getting it apply for british national. Since you are over 18 you cannot apply for registration as a means of obtaining British nationality.

The OP cannot apply for British citizenship. They are born to a British mother, presumably UK born, and are therefore British by descent.

The OP could apply for ROA, which will need to be reapplied for each time passport is renewed.

secret.simon · Post by **secret.simon** » Sun Aug 18, 2019 6:31 pm

Where and when was the British mother born?

Note that Dutch nationality forbids acquisition of dual nationality to people who have attained the age of majority. If your British mother was born in the UK, you acquired British citizenship at birth automatically.

Therefore, I am fairly certain that even under Dutch nationality law, you would be able to hold two passports.

BurtMacklin89 · Post by **BurtMacklin89** » Mon Aug 19, 2019 2:58 pm

Thank you for the quick replies - my mother was born in the UK, in the 1950's - would that help?

As far as I'm aware - because I'm now 30 (age of majority) I am no longer allowed to hold both passports. Do you think that being a UK resident by birthright will change this?

The main reason I'm asking is because the topic of marriage has come up with my US girlfriend - and we're curious if the different levels of statuses available to me would affect her chances at all.

Thanks!

CR001 · Post by **CR001** » Mon Aug 19, 2019 3:01 pm

Thank you for the quick replies - my mother was born in the UK, in the 1950's - would that help?

You are not automatically British then. You would need to register as British on form UKM, costs £80.

As far as I'm aware - because I'm now 30 (age of majority) I am no longer allowed to hold both passports. Do you think that being a UK resident by birthright will change this?

No. You have no automatic rights as a UK resident due to birthright as you are not British by descent.

The main reason I'm asking is because the topic of marriage has come up with my US girlfriend - and we're curious if the different levels of statuses available to me would affect her chances at all.

Her chance of what?? You being British, through whatever route, gives her no fast track to British citizenship.

vinny · Post by **vinny** » Mon Aug 19, 2019 4:33 pm

If mother is British otherwise than by descent, then child born outside the UK from 1983 is automatically British by descent.

secret.simon · Post by **secret.simon** » Mon Aug 19, 2019 4:42 pm

BurtMacklin89 wrote: ↑
Mon Aug 19, 2019 2:58 pm
my mother was born in the UK, in the 1950's

BurtMacklin89 wrote: ↑
Mon Aug 19, 2019 2:58 pm
because I'm now 30 (age of majority) I am no longer allowed to hold both passports.

CR001 wrote: ↑
Mon Aug 19, 2019 3:01 pm
You are not automatically British then. You would need to register as British on form UKM, costs £80.

CR001, the OP was born after 1983. The OP is now 30, so presumably s/he was born in 1989 or thereabouts. (to the OP, can you please confirm?).
As the mother was born in the UK before 1983, she would have been a British citizen otherwise than by descent.
Therefore the OP would be a British citizen by descent, due to birth abroad after 1983 to a British citizen otherwise than by descent mother.

BurtMacklin89 wrote: ↑
Mon Aug 19, 2019 2:58 pm
Do you think that being a UK resident by birthright will change this?

At least according to Wikipedia, yes.

Dutch nationality law: Dual citizenship wrote:Although Dutch law restricts dual citizenship, it is possible for Dutch nationals to legally hold dual citizenship in a number of circumstances, including:
those who acquire another citizenship at the time of birth...

BurtMacklin89 wrote: ↑
Mon Aug 19, 2019 2:58 pm
The main reason I'm asking is because the topic of marriage has come up with my US girlfriend - and we're curious if the different levels of statuses available to me would affect her chances at all.

I think the OP is thinking of perhaps sponsoring the US girlfriend through the EU Settlement scheme.

To the OP: Ironically British citizens have fewer rights to sponsor their non-EEA family members than EEA citizens living in the UK. They also have to meet much tougher requirements (financial, earnings, etc) than their EEA citizen equivalents.

As a British citizen by descent, I think that you will need to meet the much tougher British citizen requirements, as you will have been a British citizen by descent. EEA citizens who become British citizens by naturalisation have special provisions (the Lounes case) that would not apply to you.

CR001 · Post by **CR001** » Mon Aug 19, 2019 4:45 pm

Yes sorry as, long day on a low carb eating plan affecting brain function

BurtMacklin89 · Post by **BurtMacklin89** » Tue Aug 20, 2019 12:45 pm

secret.simon wrote: ↑
Mon Aug 19, 2019 4:42 pm

BurtMacklin89 wrote: ↑
Mon Aug 19, 2019 2:58 pm
my mother was born in the UK, in the 1950's

BurtMacklin89 wrote: ↑
Mon Aug 19, 2019 2:58 pm
because I'm now 30 (age of majority) I am no longer allowed to hold both passports.

CR001 wrote: ↑
Mon Aug 19, 2019 3:01 pm
You are not automatically British then. You would need to register as British on form UKM, costs £80.
CR001, the OP was born after 1983. The OP is now 30, so presumably s/he was born in 1989 or thereabouts. (to the OP, can you please confirm?).
As the mother was born in the UK before 1983, she would have been a British citizen otherwise than by descent.
Therefore the OP would be a British citizen by descent, due to birth abroad after 1983 to a British citizen otherwise than by descent mother.

BurtMacklin89 wrote: ↑
Mon Aug 19, 2019 2:58 pm
Do you think that being a UK resident by birthright will change this?
At least according to Wikipedia, yes.

Dutch nationality law: Dual citizenship wrote:Although Dutch law restricts dual citizenship, it is possible for Dutch nationals to legally hold dual citizenship in a number of circumstances, including:
those who acquire another citizenship at the time of birth...

BurtMacklin89 wrote: ↑
Mon Aug 19, 2019 2:58 pm
The main reason I'm asking is because the topic of marriage has come up with my US girlfriend - and we're curious if the different levels of statuses available to me would affect her chances at all.
I think the OP is thinking of perhaps sponsoring the US girlfriend through the EU Settlement scheme.

To the OP: Ironically British citizens have fewer rights to sponsor their non-EEA family members than EEA citizens living in the UK. They also have to meet much tougher requirements (financial, earnings, etc) than their EEA citizen equivalents.

As a British citizen by descent, I think that you will need to meet the much tougher British citizen requirements, as you will have been a British citizen by descent. EEA citizens who become British citizens by naturalisation have special provisions (the Lounes case) that would not apply to you.

Thank you for the thorough reply!

I was indeed born in 1989.

Regarding the sponsorship - I can't seem to find any info on how the rules are any tougher for British Citizens?

I'm curious if I could just apply through the EU settlement scheme (cheaper and much more straightforward ) and then we could look into sponsorship options that route - or would my citizenship be flagged in this situation?

We're in "planning mode" so to say - and curious to see which different options are out there, both for myself and for us as a couple.

Thanks for your help so far!

CR001 · Post by **CR001** » Tue Aug 20, 2019 12:51 pm

Regarding the sponsorship - I can't seem to find any info on how the rules are any tougher for British Citizens?

Minimum income requirement for you to meet of £18,600pa with minimum 6 months payslips and bank statements evidence. Visa fee of £1523 plus IHS fee of £1200 for the first 30/33 month visa. Proof of adequate accommodation. Visa process can take anywhere between a few weeks to a year.

I'm curious if I could just apply through the EU settlement scheme (cheaper and much more straightforward ) and then we could look into sponsorship options that route - or would my citizenship be flagged in this situation?

It is free but you are running out of time if no deal brexit happens on 31st October.

secret.simon · Post by **secret.simon** » Tue Aug 20, 2019 5:10 pm

BurtMacklin89 wrote: ↑
Tue Aug 20, 2019 12:45 pm
I'm curious if I could just apply through the EU settlement scheme (cheaper and much more straightforward ) and then we could look into sponsorship options that route - or would my citizenship be flagged in this situation?

It won't be flagged up. But it will be deception and if uncovered later, would render the whole immigration journey of your US girlfriend illegal.

A British citizen by descent (which you are) is ineligible to apply for any status under either the EEA Regulations or the UK Immigration Rules (which includes Settled Status).

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