Born in the UK before 1983, is the person a British citizen?

This is on behalf of one of my friend who born in UK for about 40 years ago when his father was working for a UK company. Now he is married (no kids) & lives in Sri Lanka. He hasn’t been to UK from he left to Sri Lanka with his parents about 20 years ago. Now he is 48 years old and looking to apply for UK settlement (PR/Citizenship) if possible as he born in UK and spend his childhood in UK while is father was working under a work permit around 7-8 years. Could anyone reply with an advice whether he can apply for settlement on the above mentioned grounds please?

kasturi75, I think the news is good, and I suspect even better than might have been hoped. Here we are in 2010 and you say he is 48 years old, which means he was born in the UK in 1961 or 1962, and having taken that fact on board, have a read of this webpage, which you will see mostly deals with those born in the UK in 1983 or later. However the first part of 1 confirms :-

Before 1 January 1983, almost every child born in the United Kingdom (see Note 1) was a citizen of the United Kingdom and Colonies. The only exceptions were children who were born to certain people holding diplomatic or consular status.

So unless there was a diplomatic or consular connection, your friend .... without realising it ... has been a British Citizen from the moment of his birth. Indeed he is British otherwise than by descent, so any children of his will be British, wherever born in the world.

To get a British Passport all he has to do is apply to his nearest British Mission, of course supplying his UK-issued birth certificate. They will probably also need some sort of evidence that there was no diplomatic or consular connection. Does his father still have evidence relating to his Work Permit?

Thanks John, Sounds great. His father is not alive but he got his parents passports (Sri Lankan passports with UK stamp). Does it matter he hasn’t been here for years from they returned to Sri Lanka? And also age factor?

He was born British and unless he has taken specific action to renounce British Citizenship then he is still British. It does not matter than he has not be in the UK for many years.

His age does of course matter in the sense that if he had been born in 1983 or later then he would not be British.

Of course if he wants to move to the UK, or even just visit, his wife would need a visa if she is to accompany him. The fact that he is British does not mean that his wife has automatically acquired British Citizenship.

When you say "no kids", do you really mean that? Or do you just mean that there are no kids still living at home? If he has fathered any children, to a woman he was married to, then those children are automatically British, and if born 01.07.2006 or later the child(ren) would be British irrespective of the mother.

Thanks John, very clear info. If his wife doesn’t automatically qualify for British passport then what is the procedure to obtain it?

By saying no kids I mean they are biologically un-productive so far.

In order for her to become British as well she would first need to live in the UK for at least 3 years, and in order to do that she would need to get a spouse visa (using her British husband as sponsor). Assuming they have been married at least 4 years (?) then ask for that spouse visa to be endorsed "KOL REQ", which would mean that as soon as she passes the Life in the UK Citizenship test she could apply for ILR, without the need to wait nearly 2 years before applying for ILR.

But first he should get a British passport, to establish the basis for his wife's spouse visa application.

Many thanks John, Yes they have been married now over 10 years. So if she can obtain spouse visa then does she still need to live in UK for 3 years to get British passport? What is "KOL REQ"? Does it an alternative to avoid waiting for 3 years to get British passport? If yes, then can she apply for spouse visa as soon as he obtained his British passport? Finally can they apply for spouse visa ("KOL REQ") & ILR while they live in Sri Lanka?

So if she can obtain spouse visa then does she still need to live in UK for 3 years to get British passport?

Yes, and specifically she will need to pass the "applicant was physically in the UK exactly 3 years before UKBA receive the Naturalisation application" test.

Before being able to apply for a British Passport she will need to be British .... she would apply for Naturalisation in order to achieve that.

What is "KOL REQ"? Does it an alternative to avoid waiting for 3 years to get British passport?

The "KOL REQ" endorsement merely affects the timing of when she can apply for ILR. KOL = knowledge of life (in the UK) = the need to pass the Life in the UK Citizenship test. Without that endorsement ILR cannot be applied for earlier than 28 days before the 2nd anniversary of the arrival date in the UK. But with that endorsement ILR can be applied for as soon as the test has been passed.

With or without "KOL REQ" ... it makes no difference to when Naturalisation can be applied for.

can she apply for spouse visa as soon as he obtained his British passport? Finally can they apply for spouse visa ("KOL REQ") & ILR while they live in Sri Lanka?

Yes, basically wait until he has the British Passport, to get proof he is British, and then she can apply for her spouse visa .... and it must be applied for in Sri Lanka. The Citizenship test would need to be taken in the UK, and the ILR application. would also be made in the UK.

Thanks for your prompt reply John. I just have done some google on KOL requirement & now understand the process what you have clearly explained. If I list down the task they have to follow,

1. He needs to apply for British PP from Sri Lanka (SL) visa application centre (VFS). What application form he has to be filled up & supporting docs to be submitted?

2. Immediately after his British PP received, she can apply for ILR subject to KOL. What application form she has to be filled up & supporting docs to be submitted?

3. Once she got ILR stamped on her SL PP then they have 2 years - 28 days to land UK and do the KOL test. What any entry clearance visa she has to be applied in order to land in UK?

4. Immediately after KOL passed she can apply for full ILR from UK (either from UK or SL?)

5. She would needs to stay in UK for 3 years to get British PP. Burt work permit rule is if you have ILR then after just one year time you can apply for British PP, am I correct?

6. What does she need to submit as supporting docs to be obtained British PP? Does she need to show that she is economically active in UK? And also can she enjoy public funds during ILR in case?

Hope ones they completed all above mentioned steps then both would be British citizens at the end am I correct?

Thanks again.

kasturi75 wrote:1. He needs to apply for British PP from Sri Lanka (SL) visa application centre (VFS). What application form he has to be filled up & supporting docs to be submitted?

Not at VFS but a British High Commission office. See Applying for a UK passport in Sri Lanka.

kasturi75 wrote:2. Immediately after his British PP received, she can apply for ILR subject to KOL. What application form she has to be filled up & supporting docs to be submitted?

As and when they decide to relocate to UK with a view of settling in the UK, she may apply for spouse visa (endorsement: SETTLEMENT SPOUSE/CP (KOL REQ)) on the basis of being married for at least 4 years and staying outside UK during those 4 years. Application to be submitted through VFS.

kasturi75 wrote:3. Once she got ILR stamped on her SL PP then they have 2 years - 28 days to land UK and do the KOL test. What any entry clearance visa she has to be applied in order to land in UK?

The spouse visa is valid for 27 months during which she may enter UK anytime and must also pass the KOL test. ILR application may then be submitted anytime. (As John has explained above, without the "KOL REQ" endorsement, ILR application cannot be submitted any earlier than 28 days before the 2nd anniversary of the arrival date in the UK. In other words, to be eligible for ILR in such case under current rules, she will need to live in the UK for 2 years before she may apply for ILR).

An alternative route is to apply for ILE from SL (endorsement: SETTLEMENT SPOUSE/CP). But for this, the applicant must pass KOL before making an EC application. This may be done by travelling to UK on a visitor visa, writing the KOL test and upon return to Sri Lanka submitting the EC application. KOL test is valid for a lifetime as long as you do not lose the certificate (duplicate certificates are not issued, in case of loss the test must be taken again).

See also Husbands, wives and partners (INF4) for forms and other details, and Maintenance and Accommodation (MAA).

kasturi75 wrote:4. Immediately after KOL passed she can apply for full ILR from UK (either from UK or SL?)

Yes, assuming entry on endorsement as explained in point 2 above. (ILR is applied for within the UK, ILE from outside the UK).

kasturi wrote:5. She would needs to stay in UK for 3 years to get British PP. Burt work permit rule is if you have ILR then after just one year time you can apply for British PP, am I correct?

The spouses of British citizens are subject to different conditions regarding naturalisation as compared to people applying for naturalisation through economic routes (work permits). See Requirements for naturalisation if you are married to or the civil partner of a British citizen. British passport can be applied for only after naturalisation.

kasturi75 wrote:6. What does she need to submit as supporting docs to be obtained British PP? Does she need to show that she is economically active in UK? And also can she enjoy public funds during ILR in case?

1. See The application form, fee and supporting documents for a first adult passport.
2. No
3. Yes (ILE and ILR).


I am sure John will correct me if I have suggested incorrectly or missed any other vital information.

regards

Thanks sushdmehta/John,
Everything is clear except ILR application requirement after completion of KOL test.

According John’s explanation I understand that she can get ILE from Sri Lanka subject to KOL requirement and then travel to UK & do the KOL test and apply for ILR from UK immediately after getting KOL certificate. Please correct me if I am wrong.

And also if I am reading your reply to my 3rd question correctly, she can travel to UK under ILE subject to KOL and stay for 2 years which leads to qualify for ILR without doing KOL test? OR KOL is mandatory requirement to apply for ILR?

Though ILE and ILR mean the same thing (indefinite stay or settlement in the UK), one key differentiator is that ILE (Indefinite leave to enter) can be applied for from outside the UK and ILR (Indefinite leave to remain) can be applied for from within the UK.

When the endorsement is SETTLEMENT SPOUSE / CP (KOL REQ) - i.e. - KOL has not been passed prior to the EC application - the validity of EC is 27 months (fixed time period, not indefinite). KOL test must be passed during this period (27 months) and an application can then be made for ILR (from within the UK) anytime.

ILE (Indefinte leave to enter) endorsement (SETTLEMENT SPOUSE /CP) is granted only when KOL has been passed prior to the EC application being submitted (and that the couple have been married for at least 4 years and have been living abroad for those 4 years). The validity of ILE is same as the validity of the applicant's passport. Upon re-issue of a new passport (after expiry of current one), one may request for transfer of conditions to the new passport .. this application must also be made from within the UK.


regards

Thanks sushdmehta, And also noticed that C1 application is the one apply for new passport applications according to the below links but it doesn’t say that British berth certificate holders are eligible? It says,
C1 Form
Only use this form if you are:
aged 16 or older and
a UK Citizen applying overseas or
a British Overseas Territories Citizen or
a British Overseas Citizen or
a British Protected Person.


http://ukinsrilanka.fco.gov.uk/en/help- ... port-forms

http://ukinindia.fco.gov.uk/resources/e ... t/C01-Form

He was born in UK and hold a b’certificate but his Parents weren’t British citizens (only work permit holders).

According John’s explanation I understand that she can get ILE from Sri Lanka subject to KOL requirement

I am not sure how you came to that conclusion, and I certainly did not say that.

sushdmehta, excellent explanations. Totally agree.

kasturi75 wrote:Thanks sushdmehta, And also noticed that C1 application is the one apply for new passport applications according to the below links but it doesn’t say that British berth certificate holders are eligible?

That's fine - by nature of his birth date he IS a british citizen.

He has to send his full british birth certificate with his application. He does have that right?

See the C1 notes - it explains what to send.

M.

Read through the information provided in the links (and all relevant documents available therein) *carefully*.


regards

Hi John,
Sorry If I misunderstood your replies. I realised ILE = Spouse visa. So on the basis of that I thought she can obtain ILE subject to KOL from Sri Lanka as the entry clearance.

Thanks.

Thanks sushdmehta/MPH80, I will go through all the links again.

Thank you very much for all your kind information & support. This forum helped me lot to understand the procedure in order to apply for my friend’s British PP.

I realised ILE = Spouse visa. So on the basis of that I thought she can obtain ILE subject to KOL from Sri Lanka as the entry clearance.

Well no, she would get issued with a time-limited 27-month spouse visa. It would not be ILE unless she has already passed the Life in the UK Citizenship test.

That's all clear John, thank you so much.

Hi John & All,
Great news, He was granted British citizenship & also passport was arrived few weeks ago. Thank you so much for your great support & sharing your knowledge on this case.

They will stay in Sri Lanka for at least another year due to his work commitments & family concerns. Would that be an issue when they land here in UK after an year time?

Also he has a concern as he lost his Sri Lankan citizenship due to British citizenship granted, can he stay in Sri Lanka without visa over 3 months? Would that be a problem at immigration when he leave the country?

Thanks again.

He was granted British citizenship & also passport was arrived few weeks ago.

Good news, but as regards what you have posted ...... no and good.

That is, he has not just been "granted British citizenship". He has been British from the moment of birth, back in the early 1960s. Based upon that fact, of course he could get a British passport.

Does he have any children? If yes, and irrespective of where in the world they were born, they are also British, and indeed have been British from the moment of their births. Such children born outside the UK will be "British by descent" so will not be able to pass the British citizenship on to their born-outside-the-UK children.

Also he has a concern as he lost his Sri Lankan citizenship due to British citizenship granted, can he stay in Sri Lanka without visa over 3 months? Would that be a problem at immigration when he leave the country?

Again, he has not just been granted British citizenship! I am unaware of Sri Lankan citizenship law and this should be checked carefully, in particular as regards where a child obtains another citizenship from the moment of birth.

They will stay in Sri Lanka for at least another year due to his work commitments & family concerns. Would that be an issue when they land here in UK after an year time?

I don't think his wife should apply for her UK spouse visa until say 3 months before they intend to travel. When she does apply draw attention to the fact that the "KOL REQ" endorsement is due, and that will ensure that after she gets to the UK and passes the Life in the UK Citizenship test, she can apply for her ILR without delay.

I have just been looking up Sri Lankan citizenship law ..... click here.

It looks like your friend, without realising it, ceased to be a citizen of Sri Lanka on his 22nd birthday. See section 20(2) of the Act. Clearly he did not renounce British citizenship before his 22nd birthday, otherwise he could not have obtained a British passport recently.

The implications of him not being a Sri Lankan citizen but living there? Personally, sorry, I have not got a clue.

Hi John,
First of all I my apologies for wrong terminology that I used as ‘granted British citizenship’.

Thanks for extra effort you made to grab some vital info on Sri Lankan citizenship rules. I spoke to him weekend & he already started consulting a lawyer to understand his situation & find out the possibility of reaching dual citizenship.

I will update you all with the latest. Many thanks again.

Hi John,
My friend has already been given just for one year residence permit in Sri Lanka and will be eligible to apply for dual citizenship soon as Sri Lanka is implementing it again. But he is planning to relocate UK with his wife now, issue is under current citizenship law she will have to complete English requirement (IELTS 4.0 points) & Life in UK test in order to obtain UK citizenship is that correct?? Or are there different rules apply to them as they got married over 10 years ago now? Can you help please? Thanks.