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Inquiring about my father's right to apply for a UK passport

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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Samunitions
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Joined: Wed Aug 26, 2015 12:20 pm

Inquiring about my father's right to apply for a UK passport

Post by Samunitions » Wed Aug 26, 2015 12:25 pm

Hi
My father , is an Egyptian National. He was a resident in the UK from 1975 till around 1984 working as a medical doctor and studied and achieved the MRCOG degree.
At that time he had Indefinite Leave to Remain, and was registered as a Medical Doctor, and was employed.
After 1984 he didn't visit the UK for a long period, so the ILR is no longer valid.

We were told by an immigration solicitor that based on the British Nationality Act 1981 , people who were resident in the UK on December 31st 1982, who had ILR automatically got the British Nationality?
Do you agree this applies to my father?

• We have the following documents
o We have the ILR and passport with ILR stamps, entry exit stamps etc.
o We have my dad’s medical registration at the time, and numerous recommendation letters for various places he worked.
o We don’t have his NI number, but hoping it , and his formal employment record could be gotten from HMRC

The solicitor said this was an easy case, yet another one said there was no such thing. So I'm worried that I was being scammed, even though this solicitor has a big office and good reputation it seems.

Can anyone knowledgeable about this, clarify the situation?
Thanks

vinny
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Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Inquiring about my father's right to apply for a UK pass

Post by vinny » Wed Aug 26, 2015 12:42 pm

Can he quote the section of the Act that he thinks is applicable?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Samunitions
Newly Registered
Posts: 3
Joined: Wed Aug 26, 2015 12:20 pm

Re: Inquiring about my father's right to apply for a UK pass

Post by Samunitions » Wed Aug 26, 2015 1:26 pm

Hi
I sent him an email asking for it.
We'll see if he provides anything.
Thanks

secret.simon
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Posts: 11592
Joined: Thu Feb 21, 2013 9:29 pm

Re: Inquiring about my father's right to apply for a UK pass

Post by secret.simon » Wed Aug 26, 2015 5:27 pm

I think (I could be wrong) the solicitor is confusing ILR with the Right of Abode. Commonwealth citizens who had Right of Abode on 31st December 1982 are treated as if (quasi) British citizens.

But your father fails both requirements;
a) Egypt were never a part of the Commonwealth of Nations.
b) ILR is not the same as right of abode.

Samunitions
Newly Registered
Posts: 3
Joined: Wed Aug 26, 2015 12:20 pm

Re: Inquiring about my father's right to apply for a UK pass

Post by Samunitions » Thu Aug 27, 2015 1:56 pm

Thanks a lot Simon!
When I sent the solicitor your detailed response, he sent the below message back :( Glad I didn't lose any fees on this, but disappointed of course.
Further to your email, we did some more research and found that you are correct as he was not from common wealth country/citizen of UK colony.

I can simply apologise for the advice given earlier.


secret.simon wrote:I think (I could be wrong) the solicitor is confusing ILR with the Right of Abode. Commonwealth citizens who had Right of Abode on 31st December 1982 are treated as if (quasi) British citizens.

But your father fails both requirements;
a) Egypt were never a part of the Commonwealth of Nations.
b) ILR is not the same as right of abode.

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