jaygun007 wrote: ↑Fri Jan 22, 2021 1:56 pm
Based on the above am I already a British Citizen/National?
You are correct that you may already be a British citizen.
Prior to 30th October 2000, ILR was available on request for EEA Citizens working in the UK and also, any proof of working in the UK prior to that date would be taken as proof that the EEA Citizen was settled in the UK.
If you has proof of working of either parent living and working in the UK before your birth (payslips, P45s, P60s, etc), that should be sufficient to prove your British citizenship.
See from Page 22 of the
European Economic Area (EEA) and Swiss nationals: free movement rights guidance.
jaygun007 wrote: ↑Fri Jan 22, 2021 1:56 pm
If I apply for a passport, will I need to prove their status?
Yes. The onus is on you to prove that you hold British citizenship. And not only will you have to prove your citizenship once, you may be asked to prove it at any time in the future during passport renewal. British passports are only prima facie proof of British citizenship and not determinative proof and it has happened that British passports issued to EEA citizens on the basis of their parents status was later not renewed when their (the parents') status was claified at a subsequent passport renewal.
You will need to collect documents to prove that one of your parents worked in the UK before your birth or held ILR (which was then issued on request to EEA citizens) before your birth. So get your mother to check their (both parents) passports to see if they were stamped with ILR at ome point before your birth.
Government issued documentation is ideally best, so P45s, P60s, etc (all must be dated before your birth). You can also try to get your mother to contact her former places of work to get a letter stating her period of work there, etc.
If you can't find such proof, you will quite likely not be issued a British passport. You will then have two choices.
As you were born in the UK, you can apply to register as a British citizen using Form T. You would need to prove that you resided in the UK for the first ten years of your life with an absence from the UK of no more than 90 days per year. While school records cover most of the years in that period, you will need additional documentation for the first three years of your life, which is generally GP records of inoculation, GP visits, etc. However, most GPs will have destroyed records stretching that far back.
If you do not have those records, then the last alternative is naturalisation in the usual way (Settled Status + 1 year and meeting all the usual requirements of naturalisation).
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.