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Born to RAF father in Germany in 1972.

Posted: Mon Oct 24, 2016 6:27 pm
by shazzy1972
Please help.was born in72 in Germany to a dad in crown service.I was 5th of 6 kids.All others born on UK soil.I am discriminated because the UKBA SAY I was born out of the UK.I am liable for deportation.

Re: Born to RAF father in Germany in 1972.

Posted: Mon Oct 24, 2016 6:44 pm
by noajthan
Welcome.

UKBA was abolished in 2013.

Nationality of parents?
Immigration status?

Your nationality?
Immigration status?

Re: Born to RAF father in Germany in 1972.

Posted: Mon Oct 24, 2016 6:54 pm
by shazzy1972
Dad at the time was a British subject.Recently was informed mum held a British passport.Mum immigrated to the caribbean with us in 1978.All the kids returned to UK in early 90's I am the only one being denied citizenship as I was born out of the UK.I have a caribbean passport which is expiredesigned and being held by the home office and I was issued papers in 2013 saying am an overstayed liable for deportation

I want to request mums passport information to possibly register as british but mum abandoned us in the 80's and we heard that she died in 1998 in Trinidad.we are unable to obtain her death certificate

Re: Born to RAF father in Germany in 1972.

Posted: Mon Oct 24, 2016 7:00 pm
by noajthan
shazzy1972 wrote:Dad at the time was a British subject.Recently was informed mum held a British passport.Mum immigrated to the caribbean with us in 1978.All the kids returned to UK in early 90's I am the only one being denied citizenship as I was born out of the UK.I have a caribbean passport which is expiredesigned and being held by the home office and I was issued papers in 2013 saying am an overstayed liable for deportation

I want to request mums passport information to possibly register as british but mum abandoned us in the 80's and we heard that she died in 1998 in Trinidad.we are unable to obtain her death certificate
Is/was father a British subject or a British citizen?
Mother's details must be on file in UK Gov archives somewhere. Have you looked for them?

Re: Born to RAF father in Germany in 1972.

Posted: Mon Oct 24, 2016 7:13 pm
by shazzy1972
I don't know where else to look.I am frustrated with the whole situation
I am a staff nurse.I and had to stop working when UKBA issued me the paperwork as I informed my employers so they dismissed me and reported me to the nursing council as obtaining work dishonestly. Now they are in the process of deciding if to strike me off.I wish my story could go public cause I think some agencies have messed up big time and I should not live regretting that my father ever served in RAF instead I should be proud but with my situation now him serving was the worse thing in my life

Re: Born to RAF father in Germany in 1972.

Posted: Tue Oct 25, 2016 1:01 am
by vinny
Was your father married to your mother?
Where was he recruited?

See also Chapter 2 and 20.2.5.

Re: Born to RAF father in Germany in 1972.

Posted: Tue Oct 25, 2016 8:16 am
by shazzy1972
My dad was married to my mum in Hackney 1969 and he was recruited in the UK after completing secondary school in Hackney.

Re: Born to RAF father in Germany in 1972.

Posted: Tue Oct 25, 2016 8:38 am
by vinny
Then I think (20.2.5) that you are British under s.14(2).

Get confirmation.

Re: Born to RAF father in Germany in 1972.

Posted: Tue Oct 25, 2016 8:42 am
by shazzy1972
It's definately there in black and white that I am British regardless to what status my dad had and I have been saying this all along .so I should be able to directly apply for a passport or do I have to lodge some other sort of application

Re: Born to RAF father in Germany in 1972.

Posted: Tue Oct 25, 2016 9:30 am
by shazzy1972
Does this mean am a British citizen 'otherwise than by descent?"

Re: Born to RAF father in Germany in 1972.

Posted: Tue Oct 25, 2016 9:40 am
by vinny
Yes.

A direct passport application may also be possible.

Re: Born to RAF father in Germany in 1972.

Posted: Tue Oct 25, 2016 10:45 am
by ohara
It might be a good idea to do the NS application. As you have a somewhat complex background, it might be too much for the passport office to work out. This is the whole point of the nationality status document; they have (presumably) a team of people whose sole job it is to get to the bottom of cases like this.

I think it's £272 for the NS application and if all goes well and it turns out you are a British citizen, the document they will send you can be used directly to apply for a passport.

Re: Born to RAF father in Germany in 1972.

Posted: Tue Oct 25, 2016 10:58 am
by shazzy1972
It's frustrating as I think I applied for passports 3times and they refused the application and I did the nationality check and although talking to someone on the phone said yes I was British when the application was sent they replied saying my father lost his subject nationality when st.Lucia became independent answer so I lost it.A lot of BS.I have spent so much money doing this which has been going on for over 20yrs

Re: Born to RAF father in Germany in 1972.

Posted: Tue Oct 25, 2016 11:05 am
by shazzy1972
You guys have been extremely helpful to me .More than any paid lawyer has ever been

Re: Born to RAF father in Germany in 1972.

Posted: Wed Oct 26, 2016 12:45 am
by vinny
shazzy1972 wrote:It's frustrating as I think I applied for passports 3times and they refused the application and I did the nationality check and although talking to someone on the phone said yes I was British when the application was sent they replied saying my father lost his subject nationality when st.Lucia became independent answer so I lost it.A lot of BS.I have spent so much money doing this which has been going on for over 20yrs
20.2.6 wrote:For the purposes of s.14(2) it is important to remember that:
• the person's father did not have to be a citizen of the United Kingdom and Colonies, or have any form of British nationality
• the person's father did not have to become a British citizen on 1 January 1983
Moreover, since both UK and St. Lucia permit dual citizenship, so why would you, or your father, have lost anything following St. Lucia's independence?

Re: Born to RAF father in Germany in 1972.

Posted: Wed Oct 26, 2016 10:26 am
by shazzy1972
I have the hard copy replies from the home office ,the passport office and the nationality department.Maybe it's because I didn't point the law out to them but I thought that was what they are there for.

Re: Born to RAF father in Germany in 1972.

Posted: Wed Oct 26, 2016 3:02 pm
by shazzy1972
How can i get assistance with this probono

Re: Born to RAF father in Germany in 1972.

Posted: Wed Oct 26, 2016 4:34 pm
by ohara
shazzy1972 wrote:How can i get assistance with this probono
You're getting it at the moment.

Gather as much evidence as you can and do the NS application.

Re: Born to RAF father in Germany in 1972.

Posted: Wed Oct 26, 2016 5:17 pm
by shazzy1972
Thank you.will try again and see what happens.

Re: Born to RAF father in Germany in 1972.

Posted: Thu Nov 10, 2016 6:19 pm
by shazzy1972
Hi guys
Am very frustrated now because I am now facing charges of dishonestly indicating to employers that i was british and didnt need permission to work in this country according to the Nursing And Midwifery Council. Although i have emailed my representatives the chapter 20 to let the bartister review it .She has replied that the case is based on the evidence that the home office holds on me about my entries on a caribnean passports now have to attend yhos hearing for 7days.Asked how can they make a drvision woth my nationality in question but my barrister is not persuing it.I really dont know what to do.He

Re: Born to RAF father in Germany in 1972.

Posted: Thu Nov 10, 2016 6:24 pm
by shazzy1972
This is by far a miscarriage of justice and tomorrow is 11/11 which should be a proud day for me and the servive my dad provided for this country but instead am disappointed at the treatment i am suffering just because he was doing his duty serving the Queen and people of this country

Re: Born to RAF father in Germany in 1972.

Posted: Mon Nov 21, 2016 12:13 pm
by shazzy1972
The home office maintains that i am an immigrant liable for deportation of which they made me lose my job as a nurse and also branded me as being dishonest to my employes about being able to work without permission.the nursing body now has found me dishonest snd are sanctioning me.i have contacted the Army families federation for some guidance and also some guidance as the home officed maintaind that i am illegal with no right to work or be here.Any suggestions moving forward as i do not know my next step

Re: Born to RAF father in Germany in 1972.

Posted: Mon Nov 21, 2016 12:25 pm
by ohara
Did you do the NS application :?:

Re: Born to RAF father in Germany in 1972.

Posted: Mon Nov 21, 2016 12:35 pm
by shazzy1972
I had done one around sugust where they said i took my fathers nationality of which involved st .lucia becoming independant and he never being naturalised .But again Daddy lived here till 2020 and did trsvel back and forth to st.lucia so he must have had rivht of abode or something and also my mother had a british passport too of which we all were included on when we reurned to england from germany .But our mother died in 1998 in trinidad.we do not know where she lived or anything and so are unable to get subject access from the passport office without her death certificate and so am in limbo although i should be British otherwise than by descent.this is my plivht

Re: Born to RAF father in Germany in 1972.

Posted: Mon Nov 21, 2016 12:41 pm
by shazzy1972
Do you think i should actually do anpther NS form with legal help specifically pointing out the grounds on which i am claiming in relation to the laws and guidance