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British Citizenship for current Canadian Passport holder

Posted: Thu Jun 25, 2015 6:04 pm
by ClaretGeoff
Hello,
I apologise if this is shown somewhere else or has been discussed already...

I'm at a bit of a loss as to what process I need to take to gain a British Passport, I can't quite figure out what I need to do specifically.

My background is -

I'm 32 and born in September 1982 in Canada.
My mother is British by birth and has full British Passport etc.

She returned to the UK around 1984 with me in tow and I've lived here and worked ever since. My mum never really looked into what she needed to do, so I've had a Canadian passport since I was 18 with a certificate of right of entitlement to abode.

I was married to my ex-wife for 5 years from 2008-2013 who was British.

I got my NINO automatically when I was 16 without applying, claimed JSA for a couple of months 15 years ago with no problems or queries.

I just don't know what steps I need to take and what route to get a British passport. If anyone could advise I would be eternally grateful. :)

Re: British Citizenship for current Canadian Passport holder

Posted: Thu Jun 25, 2015 9:47 pm
by secret.simon
You might be the first person I have come across on this forum to be a Commonwealth citizen with Right of Adobe, something that was only possible before 1st January 1983. After 1983, only British citizens have the right of abode.

That is a tricky question, because the British Nationality Act 1948 only talks of citizenship by descent through the father. I presume subsequent amending legislation may have modified that somewhat, but I am not certain.

Was your mother born in the UK? That may open up options under existing legislation.

Most requirements for naturalisation are at the discretion of the Home Office and it is possible that given that you have spent almost all your life in the UK, have a British mother and are already a Commonwealth citizen with right of abode, you could be given a naturalisation at discretion, though even I must own that that is unlikely.

In a worst case situation, you could apply for Indefinite Leave to Remain on the basis of 10 years long term residency and then apply for naturalisation after a year of that.

I will wait for others, especially Vinny, CR001 and Casa, to comment on your case to take it forward.

Re: British Citizenship for current Canadian Passport holder

Posted: Fri Jun 26, 2015 9:20 am
by noajthan
ClaretGeoff wrote:Hello,
I apologise if this is shown somewhere else or has been discussed already...

I'm at a bit of a loss as to what process I need to take to gain a British Passport, I can't quite figure out what I need to do specifically.

My background is -

...

I just don't know what steps I need to take and what route to get a British passport. If anyone could advise I would be eternally grateful. :)
Perhaps applying for a letter confirming your British nationality status is the appropriate route for you in the circumstances:
https://www.gov.uk/government/publicati ... us-form-ns

Re: British Citizenship for current Canadian Passport holder

Posted: Mon Jun 29, 2015 12:10 am
by secret.simon
You amy also find this wizard useful.