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Hi there.

I was born 2nd December 1982 In Australia.

My father is Australian, My mother is British.

My mother took me to the UK at age 4 and thats where I have been ever since.

I have been through school, have doctors ect and have claimed benefits (disabled) since 16.

I want to get a passport, my mother says I cant because I dont have British citizenship and Im here illegally.

Is this true and can I fix it ?

Thank you.

You need to look at the link below

https://www.gov.uk/government/publicati ... n-form-ukm

Unless your mother lost Citizenship of the United Kingdom and Colonies before you were born, you have the right of abode in the United Kingdom and are not a severe immigration offender with 29 years of overstay and having recourse to public funds to boot. Therefore I believe that you can cheaply register as British. Have you looked at the passport used to bring you to the UK?

You are not British as you were born before 1983. You can register as a British citizen using form UKM; I believe it costs about £80. Once you have obtained your registration certificate you can then apply for a British passport. The link CR001 provided explains the process etc.

LilyLalilu wrote:You are not British as you were born before 1983. You can register as a British citizen using form UKM; I believe it costs about £80. Once you have obtained your registration certificate you can then apply for a British passport. The link Casa provided explains the process etc.

Credit goes to CR001

Haha, just before I edited Tired and confused, it's been a long day

Thank you for the links and info Im going to have a good look through now.

My mother said my father tore up my proper passport in Australia (so I couldn't leave) and I was brought over on hers ? but was only supposed to stay 6 months.

Fairly straightforward application to do if you have the paperwork, which is also easy to get but you will need a passport too (if you can get one). Likely that you were granted ILR or ILE on arrival in the UK and there is another process you can do to check this. But read through my link and let us know if you have any questions.

If your mother had citizenship of the United Kingdom and Colonies by her birth in the United Kingdom or in any of the Islands, then you may have the Right of Adobe by virtue of section 2(1)(b) > 2(1)(d).

CR001 wrote:Likely that you were granted ILR or ILE on arrival in the UK ...

For my education, is that as iffy as giving ILE to a British citizen? After all, ConfusedGuy appears to have right of abode.

Thanks I've had a good look through Form UKM and its guide, the first hurdle is they want my passport...I don't have one.

I have a Australian birth certificate.

CR001 wrote:Likely that you were granted ILR or ILE on arrival in the UK and there is another process you can do to check this.

Can you tell me more about this please and the right of abode.

I appreciate the help this is all extremely confusing.

Where was your mother born?

You don't need a passport, just supply your Mother's birth certificate, marriage certificate and your birth certificate, you must be of 'good character'. You should also consider naturalising as British if you've got the right of abode, that way if you have children and they're born abroad, they'd be automatically British.

Amber wrote:You don't need a passport, just supply your Mother's birth certificate, marriage certificate and your birth certificate, you must be of 'good character'. You should also consider naturalising as British if you've got the right of abode, that way if you have children and they're born abroad, they'd be automatically British.

Amber, the OP doesn't have a passport which is what he needs and has not ever held a visa for the UK. What would you suggest is the best route, RoA or UKM?

No, I meant he doesn't need a Passport the the application.

It depends whether he wants to be British by descent or otherwise than.

When I did my mother's UKM application (adopted by a British mother in 1953), we had to send her foreign passport. RoA, as far as I understand, is a vignette in a passport not a BRP, hence my question. What is the likelihood that the OP got ILE on arrival with his British mother if he was 'included' in her passport? Not sure what the rules were back then but I know it was easier than today.

They usually accept passports as confirmation of nationality. However, passports are just a travel document, birth certificates and or marriage certificates are much better evidence and will be accepted.

The bonus with naturalisation is that the applicant will be British otherwise than by descent and thus children born abroad would be British, automatically.

Whether the person has the right of abode will depend on whether they satisfy the requirements of the Immigration Act 1971 (section 2).

The UKM says I need to send them my passport.

I already have children and cant have anymore so thats not important.

PERSONS ENTITLED TO THE RIGHT OF ABODE
2.1 Who qualified before 1 January 1983?
CUKCs born to or adopted by a parent who, at the time of the person's birth
or adoption had right of abode under section 2(1)(a) of the 1971 Act (section
2(1)(b)(i))

So because my Mother is British, was born in Britain along with her mum and so on that I have the right to abode ?

Yes.

Consequently, you are in the UK legally.

It doesn't matter what the form says, a passport is not a requirement of the Act.

Sorry for the late response I haven't been well, I appreciate your help.

So I have the right of abode and I'm here legally.

What now, still with the UKM ?

Thanks.

If you plan to have children born overseas and your partner isn't British otherwise than by descent, then it may be better if you naturalised.

Thanks Vinny, I cant have any more children so thats not a problem and my partner is 100% British.

Then use UKM.

Sorry for bringing this back up again but I had some problems in life and this took a back step.

So right now Im in the UK legally and have the right to abode but I need to fill in form UKM to register as a British citizen, than I can apply for a passport.