nationalization question please help

veee21 · Post by **veee21** » Mon Jan 17, 2011 11:35 am

Hi everyone

I need some information.
My friend she is an overstayer 15 years now, and she is in a relationship with a british national now for 13 years, they have a son together who is 5 years of age born in the uk. Now her parents did hold british citizenship in the 60s but it has been cancelled in the 80's and her parents got married here, she's got their old passpot and marriage certificate. Question how does she go about geting herself nationalized? What does she have to do to get her son nationalized as well.

Any help would be greatfull.

Thanks in advance.

geriatrix · Post by **geriatrix** » Mon Jan 17, 2011 1:59 pm

The person has no legal status in the UK as yet, so first she needs to regularize her stay in the UK (e.g. - apply for settlement under (14 year) long residence category or apply for leave to enter/remain as partner of British citizen) and only then will she be able to apply for naturalisation (after spending time in the UK legally).

Since her parents citizenship was cancelled, as you state, I am not sure if the fact that the parents' held British citizenship for a limited period is of any help for the person in question.

regards

veee21 · Post by **veee21** » Mon Jan 17, 2011 2:15 pm

sushdmehta wrote:The person has no legal status in the UK as yet, so first she needs to regularize her stay in the UK (e.g. - apply for settlement under (14 year) long residence category or apply for leave to eter/remain as partner of British citizen) and only then will she be able to apply for naturalisation.

Since her parents citizenship was cancelled, as you state, I don't think the fact that the parents' held British citizenship for a limited period is of any help for the person in question.

regards

Thanks. What should she do in her sons case.

geriatrix · Post by **geriatrix** » Mon Jan 17, 2011 2:17 pm

Is the mother of the child married to the British national? Is the British national named as the father in the child's birth certificate?

regards

vinny · Post by **vinny** » Mon Jan 17, 2011 2:18 pm

Were her parents British at the time of her birth?
Why were their British citizenships cancelled?
Where and when was she born?

veee21 · Post by **veee21** » Mon Jan 17, 2011 3:47 pm

vinny wrote:Were her parents British at the time of her birth?
Why were their British citizenships cancelled?
Where and when was she born?

Yes they stil had their british citizenship when she was born but she was born out of the country. She was born in 1980 and the passport got cancelled in 1981 . I am not sure why it got cancelled She has been here since she was 15 years old now she is 30.

veee21 · Post by **veee21** » Mon Jan 17, 2011 3:49 pm

sushdmehta wrote:Is the mother of the child married to the British national? Is the British national named as the father in the child's birth certificate?

regards

She is not british and they are not married yet, yes the dad is on the birth certificate

vinny · Post by **vinny** » Mon Jan 17, 2011 10:29 pm

If your friend's father was British otherwise than by descent when she was born, then she may be British.

Try to find out why her parents' citizenships were cancelled.

veee21 · Post by **veee21** » Tue Jan 18, 2011 12:41 pm

vinny wrote:If your friend's father was British otherwise than by descent when she was born, then she may be British.

Try to find out why her parents' citizenships were cancelled.

It was cancelled because it was for 10 years and they never renewed it. Do you know how she should go about sorting herself out or what forms she needs to get to get the process started.

Many thanks Vinny

johnsienk · Post by **johnsienk** » Tue Jan 18, 2011 1:23 pm

veee21 · Post by **veee21** » Tue Jan 18, 2011 1:40 pm

johnsienk wrote:>>It was cancelled because it was for 10 years and they never renewed it

Sorry for being daft, but citizenship is not something that "expires". If it was the British passports that expired, then they are still British citizens.

Citizenship can only be cancelled in certain limited circumstances and only if it does not make the holder stateless.[/b]

But her parents have been out of the country for a long time. can you give advice on what she could do now.

Thanks

johnsienk · Post by **johnsienk** » Tue Jan 18, 2011 3:51 pm

veee21 · Post by **veee21** » Tue Jan 18, 2011 8:27 pm

johnsienk wrote:>>But her parents have been out of the country for a long time.

If the parents have been granted citizenship, they would not lose it by leaving the country.

>>can you give advice on what she could do now.

British citizenship does not expire. Not sure what else to add.

According to British Nationality Law, automatic loss of British nationality does not apply to British citizens (which you claimed they were). Have they renounced it by a declaration made to the Home Secretary? (a fee would apply).

British nationals who are naturalised or registered may have their certificates revoked (and hence lose British nationality) if British nationality was obtained by fraud or concealment of a material fact. EDIT: Unless the revocation would render them stateless.

EDIT: also please see sushdmehta's earlier advice .

No they have not renounce it, and it was not fraudulant. all it was is they never renewed their passports for many years.

What sort of form should she make an application on?

Many thanks

johnsienk · Post by **johnsienk** » Tue Jan 18, 2011 9:11 pm

veee21 · Post by **veee21** » Tue Jan 18, 2011 11:30 pm

johnsienk wrote:>>all it was is they never renewed their passports for many years.

You seriously think one would lose citizenship by not renewing a passport? I mean, come on, REALLY???

Oh thousands, maybe hundreds of thousands of stateless Brits...

But seriously, based on what your wrote it is likely she might be eligible for BC. What I would do if I were you is seek professional legal advice. Others here may offer more help. Good luck.

Thanks very much Johnsienk

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nationalization question please help

nationalization question please help