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Hello, I was born in 2001 to an unmarried couple, an EU mother and a non-EU father who had IRL, therefore he was considered settled at the time of my birth, in which I can get citizenship through him. However, we're on negative terms, and so I doubt he would provide documentary proof of his settled status. He's on my birth certificate.

I've asked other advisors on the internet, and they advised me to fill out the forms and to request the Home Office to look up my father's data on their system, however they emphasise that Home Office is not obliged to do this.

I want to know if anybody here, or knows anybody that had been through this situation? What can I do to make it easier for the Home Office? I could probably dig up some school and/or hospital documents where he is referenced alongside my mother, and I also have his first name as my middle name (but I don't share his surname).

Any help appreciated, as well as other advice on filling out Form UKF. And finally, I turned 18 in January, and I ask how does the payment process work? Is it I send them the document, then they book the ceremony and that's when I pay? Or do I pay alongside sending the form?

Form UKF is if you are born to a British father who was not married to your mother.

It is not relevant if your father only held ILR when you were as he was not British.

Were you born in the UK?

I was born in the UK, and the guide of Form UKF says "- Evidence that he was settled in the UK at the time of your birth, if you were born in the UK on or after 1 January 1983."

It also says evidence of his British citizenship.

Page one of the guidance clearly states it is for people born to a brisih citizen.

Your father was not British at the time of your birth.

By waiting until past the 18th birthday, the OP has (foolishly in my opinion) destroyed any chance of having registered as a British citizen (under Section 1(3)/on Form MN1) based on her mother's PR (assuming that the mother had acquired PR under EU law).

I think the OP has grounds for applying on Form UKF. That is the correct form to use for people applying under Section 4G of the British Nationality Act 1981, which states;

(1) A person (“P”) is entitled to be registered as a British citizen on an application made under this section if—
(a) P meets the general conditions; and
(b) at any time in the period after commencement, P would have automatically become a British citizen at birth by the operation of any provision of this Act or the British Nationality (Falkland Islands) Act 1983, had P's mother been married to P's natural father at the time of P's birth.

The OP would have been a British citizen at birth automatically by operation of Section 1(1) of the BNA 1981 if the parents were married. Therefore s/he can register as a British citizen under Section 4G/on Form UKF if s/he has the evidence.

That is where the OP will face a problem. The Home Office periodically destroy their documentation past specified timeframes and given the age of the issue, is very likely to have destroyed any documentation on the non-EU father having acquired ILR. The only person holding such evidence will likely be the father himself.

The other proof cited by the OP (hospital/school records) are irrelevant, as they do not contain proof of the father's ILR at the point of the OP's birth in the UK. For registration under Section 4G to succceed, the OP needs to prove specifically that
a) the father was an ILR holder at the time of the OP's birth;
b) that the OP was born in the UK.

My advice to the OP would be to make up with the father, acquire the documentary proof from him and make the application as soon as it is possible.

secret.simon wrote: ↑

Sat Feb 16, 2019 12:34 pm

By waiting until past the 18th birthday, the OP has (foolishly in my opinion) destroyed any chance of having registered as a British citizen (under Section 1(3)/on Form MN1) based on her mother's PR (assuming that the mother had acquired PR under EU law).

I think the OP has grounds for applying on Form UKF. That is the correct form to use for people applying under Section 4G of the British Nationality Act 1981, which states;

(1) A person (“P”) is entitled to be registered as a British citizen on an application made under this section if—
(a) P meets the general conditions; and
(b) at any time in the period after commencement, P would have automatically become a British citizen at birth by the operation of any provision of this Act or the British Nationality (Falkland Islands) Act 1983, had P's mother been married to P's natural father at the time of P's birth.

The OP would have been a British citizen at birth automatically by operation of Section 1(1) of the BNA 1981 if the parents were married. Therefore s/he can register as a British citizen under Section 4G/on Form UKF if s/he has the evidence.

That is where the OP will face a problem. The Home Office periodically destroy their documentation past specified timeframes and given the age of the issue, is very likely to have destroyed any documentation on the non-EU father having acquired ILR. The only person holding such evidence will likely be the father himself.

The other proof cited by the OP (hospital/school records) are irrelevant, as they do not contain proof of the father's ILR at the point of the OP's birth in the UK. For registration under Section 4G to succceed, the OP needs to prove specifically that
a) the father was an ILR holder at the time of the OP's birth;
b) that the OP was born in the UK.

My advice to the OP would be to make up with the father, acquire the documentary proof from him and make the application as soon as it is possible.

Mother doesn't have PR, Home Office destroys documents then how else would they be able to verify my father's proof? He got in mid-2000, and the link you provided talks about documents post-1998, so wouldn't the Home Office have an electronic copy?

British2001 wrote: ↑

Sat Feb 16, 2019 3:45 pm

He got in mid-2000

Do you mean in the middle of 2000 (the year) or the 2000s (the decade)?

British2001 wrote: ↑

Sat Feb 16, 2019 3:45 pm

the link you provided talks about documents post-1998, so wouldn't the Home Office have an electronic copy?

You could give it a go, but remember that it is your responsibility to provide the evidence, not theirs.

I did forget about possibly registering under Section 1(4) using Form T (also see guide) as you were born in the UK, if you can prove that you resided in the UK for the first ten years of your life with no absence of more than 90 days per year. It is a lifelong entitlement to register as a British citizen if you meet the requirements.

The middle of the year 2000, Form T is another option for me, as I fit the requirement, I'm not happy with the fee of Form T though hence I'm looking more forward to Form UKF.

Are there any departments I can go to to get proof of my father? Some people said SARs, but then some said it only applies to yourself as an individual or to departments themselves.

British2001 wrote: ↑

Sat Feb 16, 2019 4:16 pm

Some people said SARs, but then some said it only applies to yourself as an individual or to departments themselves.

Both. You can only apply for an SAR for yourself, not for your father (or any other member of your family). And the department that is asked need only respond with the information that it holds on you. It will not get you the information held by other government bodies/departments.

If you want to avoid the fees, get the evidence from your father. Else pony up the fees for a Form T application.

I'm filling out Form UKF, I'm a Sixth Form student, and looking at Section 2 it seems to assume the applicant is working, I have written down under 2.1 What is your occupation? That I am a Sixth Form student, but the next question, what do I tick? Do I leave it? And it asks for the name of my employer or business, can I just write down the name of my Sixth Form? And what's the address of tax office or tax office reference suppose to mean? I don't pay taxes.

Hello, I'm filling out Form UKF and under question 1.32 "State how your father acquired citizenship of the United Kingdom and Colonies:" My father was settled at the time of my birth, but got citizenship a few years later after my birth, therefore I've written down the following

> Father had indefinite leave to remain at the time of my birth. Applying under British Nationality Act 1981 under S.1(1)(b)

Is this adequate?

Also, I'm turning 18 by the end of February.

Topics merged.

secret.simon wrote: ↑

Sun Feb 17, 2019 2:09 pm

Topics merged.

How? I asked two different questions.

Hi, I myself was in a very similar situation to you however I am on good terms with my father and was able to use Form UKF to gain a British citizenship, concerning the fees you'll have to pay a £70 or £80 ceremony fee since you are now 18 check that up because I don't remember if it's 70 or 80. I did send my case in recently so it's around that figure. As for your father, you'll need to get his documentation so do the best that you can to do that, get onto good terms with him for the sake of your citizenship there is so much more hardship without it, if this does not work you have the right to request everything the home office holds on you which may be able to help you can do it for your mother and yourself and see if it does say anything about your father being naturalised on those (which is may) and also write to the home office explaining your situation and maybe they'll feel sympathetic and look up his immigration history, I think they will have his records on hold so give it a go because they had my records from 2006 (when I first entered) when j requested the information.

Good luck I know what situation you are in because I found out about this law change in January 2019 when I was low and depressed about not being able to gain student finance. Anyways I hope that helps, stay motivated and keep me updated I'll try to give you all the help I can.