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Am I a British Citizen?
Posted: Sat Jun 25, 2016 7:15 pm
by uxterlife
I have never held a passport, though I was on my mother's passport when I was younger. My parents are both Italian. I was born in 1994, however, my parents had emigrated to England from Italy, so were EU/EEA nationals in 1993. I was born in England, and have lived here all my life bar multiple holidays which were all < 90 days per year in total.
My question is, am I a british citizen without needing to register with for e.g. Form T or naturalise? Can I apply for a passport as normal.
From what I've heard, an EU national was regarded as settled before October 2000, and the criteria to be a British Citizen is if I was born here, and one of my parents was settled, which I imagine is true if an EU national is automatically settled once living here. I know they did claim benefits so they must have some rights. I do not have much contact with them now, and I'm 21 and passportless. What worries me is a retroactive law went in place in 2000 that re-defined the settled status for EU nationals, however, does that matter because they were settled at the time of my birth I imagine.
My question is: am I a british citizen and importantly before sending passport forms is there some free or cheap services I can use to confirm this?
Re: Am I a British Citizen?
Posted: Sat Jun 25, 2016 7:22 pm
by noajthan
uxterlife wrote:I have never held a passport, though I was on my mother's passport when I was younger. My parents are both Italian. I was born in 1994, however, my parents had emigrated to England from Italy, so were EU/EEA nationals in 1993. I was born in England, and have lived here all my life bar multiple holidays which were all < 90 days per year in total.
My question is, am I a british citizen without needing to register with for e.g. Form T or naturalise? Can I apply for a passport as normal.
...
My question is: am I a british citizen and importantly before sending passport forms is there some free or cheap services I can use to confirm this?
Yep, you're using one
Check this HMPO guidance, see if you can supply the relevant evidence it requires:
https://www.gov.uk/government/publicati ... plications
Or if in doubt you could shoot for a confirmation of nationality status (for a fee):
https://www.gov.uk/government/publicati ... us-form-ns
Re: Am I a British Citizen?
Posted: Sat Jun 25, 2016 7:29 pm
by uxterlife
noajthan wrote:uxterlife wrote:I have never held a passport, though I was on my mother's passport when I was younger. My parents are both Italian. I was born in 1994, however, my parents had emigrated to England from Italy, so were EU/EEA nationals in 1993. I was born in England, and have lived here all my life bar multiple holidays which were all < 90 days per year in total.
My question is, am I a british citizen without needing to register with for e.g. Form T or naturalise? Can I apply for a passport as normal.
...
My question is: am I a british citizen and importantly before sending passport forms is there some free or cheap services I can use to confirm this?
Yep, you're using one
Check this HMPO guidance, see if you can supply the relevant evidence it requires:
https://www.gov.uk/government/publicati ... plications
Or if in doubt you could shoot for a confirmation of nationality status (for a fee):
https://www.gov.uk/government/publicati ... us-form-ns
Aha, the links are really helpful! Table A's part about "Born in the UK between 1 January 1983 – 1 October 2000" seems very relevant, but I doubt my parents have any evidence of that, when I asked about if they were settled they told me they had no clue what it means. However Table A says to send the evidence if my parents had not been graded ILR. Does that mean I don't have to send such evidence? It'd be hard for me to get it.
Edit: I can send my birth certificate, I have an original use copy I think
Re: Am I a British Citizen?
Posted: Sat Jun 25, 2016 7:32 pm
by noajthan
uxterlife wrote:Aha, the links are really helpful! Table A's part about "Born in the UK between 1 January 1983 – 1 October 2000" seems very relevant, but I doubt my parents have any evidence of that, when I asked about if they were settled they told me they had no clue what it means. However Table A says to send the evidence if my parents had not been graded ILR. Does that mean I don't have to send such evidence? It'd be hard for me to get it.
Noone is going to give you benefit of doubt, both HO and HMPO play hard ball.
It's all going to depend on the hard evidence you can come up with.
So that means parents' passports, marriage certificate, work records, tax records, your birth certificate that sort of thing.
At least you don't need 5 years worth of evidence - just evidence at a point in time.
Worst case its form T route.
Re: Am I a British Citizen?
Posted: Sat Jun 25, 2016 7:43 pm
by uxterlife
noajthan wrote:uxterlife wrote:Aha, the links are really helpful! Table A's part about "Born in the UK between 1 January 1983 – 1 October 2000" seems very relevant, but I doubt my parents have any evidence of that, when I asked about if they were settled they told me they had no clue what it means. However Table A says to send the evidence if my parents had not been graded ILR. Does that mean I don't have to send such evidence? It'd be hard for me to get it.
Noone is going to give you benefit of doubt, both HO and HMPO play hard ball.
It's all going to depend on the hard evidence you can come up with.
So that means parents' passports, marriage certificate, work records, tax records, your birth certificate that sort of thing.
Worst case its form T route.
I figured as much. It might be very improbable for me to get those due to my relationship with my parents, and that they have probably thrown a lot of that evidence out and would be unwilling to try and acquire it. I will see if I can gather what I can, I want to try and avoid Form T because I absolutely have no way of knowing when I went on holiday, and what the dates and times were - I just know that I haven't been more than 90 days away from the UK because on average our holidays never exceeded 20-60 days a year.
Re: Am I a British Citizen?
Posted: Sat Jun 25, 2016 7:49 pm
by noajthan
uxterlife wrote:I figured as much. It might be very improbable for me to get those due to my relationship with my parents, and that they have probably thrown a lot of that evidence out and would be unwilling to try and acquire it. I will see if I can gather what I can, I want to try and avoid Form T because I absolutely have no way of knowing when I went on holiday, and what the dates and times were - I just know that I haven't been more than 90 days away from the UK because on average our holidays never exceeded 20-60 days a year.
At least with form T you have a possible way ahead based on your own case and your own information.
If you don't have a passport how did you travel? (on parent's passport?)
And try a SAR from UKVI (though not sure how far back in time that may go).
You could also look at applying for confirmation of PR in your own right (as a Union citizen). Who knows, it may come in handy - and only £65.
Re: Am I a British Citizen?
Posted: Sat Jun 25, 2016 8:01 pm
by uxterlife
noajthan wrote:uxterlife wrote:I figured as much. It might be very improbable for me to get those due to my relationship with my parents, and that they have probably thrown a lot of that evidence out and would be unwilling to try and acquire it. I will see if I can gather what I can, I want to try and avoid Form T because I absolutely have no way of knowing when I went on holiday, and what the dates and times were - I just know that I haven't been more than 90 days away from the UK because on average our holidays never exceeded 20-60 days a year.
At least with form T you have a possible way ahead based on your own case and your own information.
If you don't have a passport how did you travel? (on parent's passport?)
And try a SAR from UKVI (though not sure how far back in time that may go).
You could also look at applying for confirmation of PR in your own right (as a Union citizen). Who knows, it may come in handy - and only £65.
Originally parent's passport, then using an Italian Id card. Since I never went outside the EU, not having a passport was inconvenient. With brexit happening, I'm trying to see if I can get both an Italian and a UK passport since both countries allow dual citizenship. I'm focusing on the UK one first though, for now.
I will take a look at both forms, thanks, and try to see if I can get enough evidence to back up my application.