@secret.simon @fighterboy Balance of probabilities (Page27)- https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/939913/windrush-scheme-casework-guidance-v4.0.pdf Yes, balance of probabilities is the standard of proof applicable to the British Nationality...

secret.simon- I disagree A person’s nationality status is a legal matter which only the courts can determine conclusively. In this case, of course, there is no doubt that the OP is not a British citizen. The doubt in this case is the level of proof they need to submit to meet the requirements to re...

You should've contested it, filing for Judicial Review in court if needed. There's no basis in law to reject someone over immunisation records. The Home Office are clearly overstepping their powers. Not sure how a JR would have worked in this case. It is the applicant's responsibility to prove that...

Can anyone advise on how I can obtain a British Passport given my circumstances? I was born in the UK after 1983 to foreign parents who were not married or settled in the UK at the time of my birth. Years ago I tried to apply for a passport using the Form T, but my application was rejected because ...

Horrifyingly there's no permanent record/register of settled persons, no way of knowing unless people keep old foreign passports locked away in a safe. The consequences then pass onto their children born in the UK to foreign parents who can't prove their parent's status at the time of their birth. N...

Not at all sure why you think the transcripts of the debates would help in any way with the Passport Office. Neither the courts nor the government use the debates as the basis for interpreting legislation. It is the text of the law and general judicial principles that affect the interpretation of t...

So do you believe that the documentary difficulties with proving that one was born to settled parents are deliberate? Shirley Williams predicted a bureaucratic mess at the time (1981), and we are seeing more and more of it. For instance, we need either a register of British citizens (or a good appr...

I'm in this situation obie, as are 100s of thousands I suspect. Born in UK to settled father and he had to return/destroy ILR after becoming BC. I doubt there would be many people in this position. The requirement to destroy BRPs (which only started getting issued in the past ten years) only came i...

Who's next may be the UK-born children to an ILR parent who subsequently naturalises. When an ILR BRP holder naturalises, they are threaten with fines if they do not return their ILR BRP to be destroyed. This leaves their UK-born children without the proof of their automatic British citizenship! I'...

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/444593/Chapter_18_B.pdf See 7.2. It's identical to 7.2 of Fransman's book circa P.354, I think. Also ordinary residence is not lost when leaving the UK, it would depend on various facts like how long the absence is, whether or...

Thanks Simon. Fransman and UKVI disagree with your interpretation, they state in 7.2 of two documents that someone outside the UK is necessarily without time limit on their stay in the UK at that time. They said some used this loophole in naturalisation applications but the SS could decline as it's ...

You're not understanding my point of a loophole to satisfy the definition of settled irrespective of ilr/pr/ile, which are only methods of obtaining settled status, they do not define it. I suggest re-reading my posts.

Settled = having ILR/PR or ILE. What is it exactly that you are trying to point out? A child born in the UK to parents who are not settled (ILR/PR/ILE), is not automatically British, regardless of whether one parent is in the UK or not. Settled is defined as being free of immigration time restricti...

However, in the case of my father, I spoke to someone at the IPS and they said I need evidence that he was here for six months and self sufficient. Direct contradiction to the EEA and Swiss nationals document. He also said that an NHS record would not constitute evidence, so I wouldn't be able to g...

This is nothing new, so not sure of the point you are trying to make. A child born in the UK to a parent who is settled (ILR or PR) is automatically British, nothing has changed in this regard. I didn't mention having ILR/PR/ILE. But merely being outside the UK at the time of birth + evidence of UK...

Wonder how many hundreds of thousands are in this situation, having to prove a parent settled even though records aren't kept after 10-15 years by the Home Office. I think given the Home Office's behavior/bureaucracy/prejudice in recent history, going to court is more fruitful. The question is how d...

My reading may have discovered something interesting: - If a person is outside the UK, at that time they'd be under no UK time restrictions - If there's evidence of them being ordinarily resident in the UK (job/wife/child etc) By the BNA 1981's definition, they'd be settled? So their UK born child i...

I'm unwilling to naturalise as its embarrassing, I was born in Britain and I have never left the country so naturalisation is not an option I'm willing to take just for the formability of obtaining a passport. Best quote I've read on here. We as British-born to foreign parents, need our own section...

Agreed, thanks for your contributions Richard, it is a big fat confusing mess. Thing is, there's a difference between being admitted initially for 3 months and then being able to stay permanently *IF* ABC was met in that time, vs having to leave the country unless a limited extension is applied for ...

The other looming mess is on the nationality of the children of ILR holders who subsequently naturalise. It's a question of whether proper information will be maintained on ILR holders. Perhaps ILR or passport reference numbers will be stored on birth certificates. There is a looming mess on provin...

I can't believe that after a year of researching this and being sure of the stamps, I'm now utterly confused. I'm guessing Vinny is right and I was misled by the rest of the internet all along. A million and one answers on something that should be explicitly defined. My passport application is now s...

My interpretation is the stamp is a signal to get married or continue marriage within that 3 months, and afterwards the wife should be deemed settled, unless there's contrary evidence. If she was forced to apply for extended stay after X months one would assume that would be made clear in the visa....

Thank you Simon :) Great reply. - You say Lords had votes on the bill, but was it their final decision to put it through? Also you're saying Thatcher got others to draft it up after giving the direction and instruction ... same thing ultimately. I still see Thatcher as the arbitur unless the Lords h...

Great reply Simon, thanks. I couldn't find a more appropriate place for it. And please see my PM. Just a few Qs ... - You say parliament passed it, not Thatcher. I think that's misleading; Thatcher was the key person of parliament as PM, leading her party to draft it then push it through the commons...

Something I never understood, especially as they say passports (but not nationality) are the prerogative of the Queen. As far as I'm aware, the bill was never put to the Queen, but interestingly prime ministers are anointed by the Queen upon election. Also as nationality law was made into a function...