Immigrationboards.com

Hi there!
I have recently been interested to apply for a British Passport, Upon taking the questionnaire on the Gov website (Check if you're a British Citizen) I have found that I am not a British Citizen due to the fact that my mother was naturalised (passed Life in the UK Test and given the right for indefinite leave to remain) after my birth in 2002.


I am currently 19, 1996. I was born in the UK (London) and lived here all my life, My mother has indefinite leave to remain which was given in 2002, I was aged 6 (plus the children). The Home Office document states 'A child born to you in the United Kingdom since 1 January 1983 who is not a British Citizen may now be entitled to be registered as such a citizen and any child born to you while you remain settled here may be a British Citizen automatically at birth.' Due to this, I looked at the (T FORM) in which I apply on the basis that:

- I was born in the UK (after Jan 1983)

- Lived here up to 10 years of my life

- Is of good character


However, I do not meet the regulation in which you are not allowed to exceed more than 90 days outside the UK but I believe that this can be proved that it was 'entirely involuntary' and 'beyond control'.

At the age of 7/8 (Year 3) my family went abroad travelling on my mothers passport. We left on 23rd March 2005 and was due to come back 19th April 2005 spending a total of 28 days (expected) due to Easter half-term holidays, as we were in Pakistan we found the rules had changed for travelling on my mother passports, they said that we had to make our own passports, so a new Pakistani passport was issued 23rd May 2005. The issues of passports for three children plus extension/new tickets needed to be arranged finally arriving on the 3rd September 2005, in time for the new academic year. Spending 227 days (excluding boarding dates) This excess of time was interely involuntary and was out of hands and I have full proof of all this. Hopefully, allowing the Home Office to decide this. I have all my educational history from Year 1 (age 5) to Year 6 (age 10/11) through school reports and certificates.


My main concern is the question of is this the right form to use, the T-Form? As I have called many times, and I have recieved different approaches from each member of staff, some are saying T Form is definitley the one and another person will say no I cannot apply through this way. I found this very puzzling and annoying because one member is saying due to my circumstances the T-Form is the correct way foward and I was informed that not many people apply through this way as parents usually do this before 18 by using the MN1 Form. On the other hand, I am being told to use the AN Form in which I have to do the Life in the UK Test which seems slightly long-winded and not neccessary only because my mother was naturalised during the first ten years of my life however, I found no proof of this as I have taken careful consideration on the T-Form guide? It seems like they are making these rules out of thin air!!


I would really appreciate the confirmation of which form to use, as I am a student I do not want to waste £1,000+ on the wrong form.

Much appreciated,

Ps. The only person representing me is my mother.

5411N wrote:At the age of 7/8 (Year 3) my family went abroad travelling on my mothers passport. We left on 23rd March 2005 and was due to come back 19th April 2005 spending a total of 28 days (expected) due to Easter half-term holidays, as we were in Pakistan we found the rules had changed for travelling on my mother passports, they said that we had to make our own passports, so a new Pakistani passport was issued 23rd May 2005. The issues of passports for three children plus extension/new tickets needed to be arranged finally arriving on the 3rd September 2005, in time for the new academic year. Spending 227 days (excluding boarding dates) This excess of time was interely involuntary and was out of hands and I have full proof of all this. Hopefully, allowing the Home Office to decide this. I have all my educational history from Year 1 (age 5) to Year 6 (age 10/11) through school reports and certificates.

If you were absent between 23rd March 2005 and 3rd Sept 2005, then this was only 164 days. You may be entitled to apply on form T, subject to 8.4.

vinny wrote:

5411N wrote:At the age of 7/8 (Year 3) my family went abroad travelling on my mothers passport. We left on 23rd March 2005 and was due to come back 19th April 2005 spending a total of 28 days (expected) due to Easter half-term holidays, as we were in Pakistan we found the rules had changed for travelling on my mother passports, they said that we had to make our own passports, so a new Pakistani passport was issued 23rd May 2005. The issues of passports for three children plus extension/new tickets needed to be arranged finally arriving on the 3rd September 2005, in time for the new academic year. Spending 227 days (excluding boarding dates) This excess of time was interely involuntary and was out of hands and I have full proof of all this. Hopefully, allowing the Home Office to decide this. I have all my educational history from Year 1 (age 5) to Year 6 (age 10/11) through school reports and certificates.

If you were absent between 23rd March 2005 and 3rd Sept 2005, then this was only 164 days. You may be entitled to apply on form T, subject to 8.4.

Sorry clearly that wasn't worked out correctly I was just given the figures. I will confirm the dates but Im pretty sure those are the dates! So do you think the T-Form is the way foward for me? (ignoring the fact that home office said I had to use the AN Form due to the fact that my mother was naturalised AFTER my birth) Thank you for your help!

What is your current immigration status in the UK? Is it ILR? If so, when did you acquire it?

I believe that both Form T and Form AN could be applicable.

Firstly, you say that you had left for a family vacation on 23rd March 2005 and returned on 3rd September 2005. That is a gap of 164 days (as per Excel).

Page 8 of Guide T states;

There is discretion to disregard absences in excess of the limits. We should normally waive excess absences:
• if the number of days absence from the UK in any one of those years does not
exceed 180 days, and the total number of days absence over the 10 year period does not exceed 990 days;

So you have some leeway to apply on Form T, provided you meet the other requirements and your overall absence is less than 990 days, as stated above.

If you have issues with meeting the absences and hence can not apply using Form T, you can still apply using Form AN, after completing the Life In The UK Test and the English language requirement, both of which, given that you have been through the English school system, you should ace.

@Vinny, for the purposes of Form T, would the absence of 164 days be counted in two separate years if the applicant's birthday falls in between that period?

I am using the logic of absence periods being broken by anniversary dates of the date of application for ILR applications.

secret.simon wrote:What is your current immigration status in the UK? Is it ILR? If so, when did you acquire it?

I believe that both Form T and Form AN could be applicable.

Firstly, you say that you had left for a family vacation on 23rd March 2005 and returned on 3rd September 2005. That is a gap of 164 days (as per Excel).

Page 8 of Guide T states;

There is discretion to disregard absences in excess of the limits. We should normally waive excess absences:
• if the number of days absence from the UK in any one of those years does not
exceed 180 days, and the total number of days absence over the 10 year period does not exceed 990 days;

So you have some leeway to apply on Form T, provided you meet the other requirements and your overall absence is less than 990 days, as stated above.

If you have issues with meeting the absences and hence can not apply using Form T, you can still apply using Form AN, after completing the Life In The UK Test and the English language requirement, both of which, given that you have been through the English school system, you should ace.

Hi Simon thanks for your reply. Sorry for making that silly miake of 227 days it is in actual fact 164. This information was given to me I shoud've double checked, and in terms of ILR. All the children were granted it in 2002 with my mother. I can prove the excess absense due to the new passport and sending it across with my mothers and stating the rules changed. I REALLY do not want to resort to sit the life in the UK test.

5411N wrote:I REALLY do not want to resort to sit the life in the UK test.

It is just a test, not anything strenuous. It takes the average person all of five minutes and as it is about British history, which I presume you have studied, you have nothing to worry about.

Keep it (and Form AN) as a backup plan.

Also, check that the total absences in your first ten years do not amount to more than 990 days.

secret.simon wrote:

5411N wrote:I REALLY do not want to resort to sit the life in the UK test.

It is just a test, not anything strenuous. It takes the average person all of five minutes and as it is about British history, which I presume you have studied, you have nothing to worry about.

Keep it (and Form AN) as a backup plan.

Also, check that the total absences in your first ten years do not amount to more than 990 days.

I've only been on holiday once, And that's around 164 days - I'm pretty sure now. The AN form seems like a back up but I'm sure the T-Form just seems a lot easier and I have all the relevant documents gathered. I have a report for each year (1-5) but I can't seem to find something before the age of 5. I'll keep on looking.
What are your thoughts?
Thanks again Simon!

5411N wrote:I can't seem to find something before the age of 5.

5411N wrote:we found the rules had changed for travelling on my mother passports, they said that we had to make our own passports,

Your mother's old passports should have the required details of travel before the age of five.