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British citizenship

Posted: Thu Jul 09, 2020 7:47 pm
by Win49
Good evening, I'm not sure if I'm on the right page as I am new to this forum.
I wonder if anyone can help or direct me.
Born in the uk in 1978, had a British passport, parents left the uk around 83. Upon renewal of the passport got cancelled, saying issued in error in 1994 because at time of birth my dad was a diplomat.
Came to uk on Visa and been here since 1998. I wonder if there's route to registration as a citizen again or any advice.

Re: British citizenship

Posted: Thu Jul 09, 2020 7:53 pm
by CR001
What visa have you been on since 1998?

What is your current immigration status?

You would not be british automatically so your passport was issued in error.

https://www.gov.uk/apply-citizenship-born-uk
You were born before 1983
You’re automatically a British citizen if you were born in the UK before 1 January 1983, unless:

your father was a diplomat working for a non-UK country
your father was ‘an enemy alien in occupation’ and you were born in the Channel Islands during World War 2
You would likely have to follow the same route as most people and apply for naturalisation if you meet the requirements and hold indefinite leave to remain.

Re: British citizenship

Posted: Thu Jul 09, 2020 7:59 pm
by Win49
Overstayed from 1999 and applied for Appendix fm from in 2014 parent route.
Applied for EU settlement scheme Zambrano refused in March 2020

Re: British citizenship

Posted: Thu Jul 09, 2020 8:02 pm
by CR001
You would fail the good character requirement for citizenship even if you had ilr anyway due to overstaying for 15 years.

Re: British citizenship

Posted: Thu Jul 09, 2020 8:04 pm
by Win49
CR001 wrote:
Thu Jul 09, 2020 7:53 pm
What visa have you been on since 1998?

What is your current immigration status?

You would not be british automatically so your passport was issued in error.

https://www.gov.uk/apply-citizenship-born-uk
You were born before 1983
You’re automatically a British citizen if you were born in the UK before 1 January 1983, unless:

your father was a diplomat working for a non-UK country
It was non UK country
your father was ‘an enemy alien in occupation’ and you were born in the Channel Islands during World War 2
You would likely have to follow the same route as most people and apply for naturalisation if you meet the requirements and hold indefinite leave to remain.
Thank you for your quick response

Re: British citizenship

Posted: Thu Jul 09, 2020 8:07 pm
by Win49
CR001 wrote:
Thu Jul 09, 2020 8:02 pm
You would fail the good character requirement for citizenship even if you had ilr anyway due to overstaying for 15 years.
Interesting, thanks for letting me know

Re: British citizenship

Posted: Thu Jul 09, 2020 8:53 pm
by snooky
Win49 wrote:
Thu Jul 09, 2020 7:47 pm
Good evening, I'm not sure if I'm on the right page as I am new to this forum.
I wonder if anyone can help or direct me.
Born in the uk in 1978, had a British passport, parents left the uk around 83. Upon renewal of the passport got cancelled, saying issued in error in 1994 because at time of birth my dad was a diplomat.
Came to uk on Visa and been here since 1998. I wonder if there's route to registration as a citizen again or any advice.
Hi

The HO was right, you cant be a British citizen as at the time of your birth your parent were under diplomatic Corp protection.

But I think there's a way out to naturalize as you were born here.

Under the British nationality Action 1981 Section 1(4).

Anyone who has born here and lived here for 10 years irrespective of your age and how the 10 years was accumulated could be Registered discriminatory under section 1(4).

As since 1998 after your birth and/or you came in to stay, your have now engaged this Article.

Follow the link below and print the Form T to do your Registration

https://www.gov.uk/government/publicati ... zen-form-t.

Dont waste money on Appendix FM

Good luck.

Re: British citizenship

Posted: Thu Jul 09, 2020 9:23 pm
by alterhase58
Form T guidance doesn't make any reference to BNA 1981 Section 1(4). Maybe I'm missing something here, but the guidance header states:
Registration as a British citizen – A guide for
those born in the UK on or after 1 January
1983 who have lived in the UK up to the age of 10

Re: British citizenship

Posted: Thu Jul 09, 2020 9:36 pm
by CR001
snooky wrote:
Thu Jul 09, 2020 8:53 pm
Win49 wrote:
Thu Jul 09, 2020 7:47 pm
Good evening, I'm not sure if I'm on the right page as I am new to this forum.
I wonder if anyone can help or direct me.
Born in the uk in 1978, had a British passport, parents left the uk around 83. Upon renewal of the passport got cancelled, saying issued in error in 1994 because at time of birth my dad was a diplomat.
Came to uk on Visa and been here since 1998. I wonder if there's route to registration as a citizen again or any advice.
Hi

The HO was right, you cant be a British citizen as at the time of your birth your parent were under diplomatic Corp protection.

But I think there's a way out to naturalize as you were born here.

Under the British nationality Action 1981 Section 1(4).

Anyone who has born here and lived here for 10 years irrespective of your age and how the 10 years was accumulated could be Registered discriminatory under section 1(4).

As since 1998 after your birth and/or you came in to stay, your have now engaged this Article.

Follow the link below and print the Form T to do your Registration

https://www.gov.uk/government/publicati ... zen-form-t.

Dont waste money on Appendix FM

Good luck.
Form T doesn't apply as the OP was born BEFORE 1983 (the for clearly states it is for those born in the UK after 1 Jan 1983) and it also has a good character requirement and the guidance specifically states any immigration breaches or evasion can result in refusal.

Re: British citizenship

Posted: Thu Jul 09, 2020 10:17 pm
by secret.simon
snooky wrote:
Thu Jul 09, 2020 8:53 pm
I think there's a way out to naturalize as you were born here.

Under the British nationality Action 1981 Section 1(4).

Anyone who has born here and lived here for 10 years irrespective of your age and how the 10 years was accumulated could be Registered discriminatory under section 1(4).
I am afraid, that as both @alterhase58 and @CR001 have pointed out above, the OP can't apply under Section 1(4). Did you actually read the Section?
Section 1 of the British Nationality Act 1981 wrote:(4)A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1), (1A) or (2) shall be entitled, on an application for his registration as a British citizen made at any time after he has attained the age of ten years, to be registered as such a citizen if, as regards each of the first ten years of that person’s life, the number of days on which he was absent from the United Kingdom in that year does not exceed 90.
You are correct that if Section 1(4) is engaged, it is a life-long entitlement to register as a British citizen.

But, as @CR001 pointed out, Section 1(4) does not apply to the OP as he was born before commencement of the BNA 1981 (the commencement date for most provisions of that Act is 1st January 1983).

And, as @alterhase58 has pointed out, it is the first ten years of the person's life that need to be spent in the UK to trigger the provisions of the Act, not any ten years.

Re: British citizenship

Posted: Thu Jul 09, 2020 10:54 pm
by Win49
Thank you all for your explanation and input.
Quick question, what if my dad was also a commonwealth citizen at the time of birth?

Re: British citizenship

Posted: Thu Jul 09, 2020 11:43 pm
by secret.simon
Win49 wrote:
Thu Jul 09, 2020 10:54 pm
Quick question, what if my dad was also a commonwealth citizen at the time of birth?
That would have been irrelevant and you would still not have been able to acquire CUKC status at birth, because your father enjoyed diplomatic immunity at the time of your birth in the UK. The applicable law at the time of your birth was the British Nationality Act 1948.
Section 4 of the British Nationality Act 1948 wrote:Citizenship by birth
Subject to the provisions of this section, every person born within the United Kingdom and Colonies after the commencement of this Act shall be a citizen of the United Kingdom and Colonies by birth :
Provided that a person shall not be such a citizen by virtue of this section if at the time of his birth—
(a)his father possesses such immunity from suit and legal process as is accorded to an envoy of a foreign sovereign power accredited to His Majesty
, and is not a citizen of the United Kingdom and Colonies; or
(b)his father is an enemy alien and the birth occurs in a place then under occupation by the enemy.

Re: British citizenship

Posted: Sun Jul 12, 2020 10:26 am
by snooky
CR001 wrote:
Thu Jul 09, 2020 9:36 pm
snooky wrote:
Thu Jul 09, 2020 8:53 pm
Win49 wrote:
Thu Jul 09, 2020 7:47 pm
Good evening, I'm not sure if I'm on the right page as I am new to this forum.
I wonder if anyone can help or direct me.
Born in the uk in 1978, had a British passport, parents left the uk around 83. Upon renewal of the passport got cancelled, saying issued in error in 1994 because at time of birth my dad was a diplomat.
Came to uk on Visa and been here since 1998. I wonder if there's route to registration as a citizen again or any advice.
Hi

The HO was right, you cant be a British citizen as at the time of your birth your parent were under diplomatic Corp protection.

But I think there's a way out to naturalize as you were born here.

Under the British nationality Action 1981 Section 1(4).

Anyone who has born here and lived here for 10 years irrespective of your age and how the 10 years was accumulated could be Registered discriminatory under section 1(4).

As since 1998 after your birth and/or you came in to stay, your have now engaged this Article.

Follow the link below and print the Form T to do your Registration

https://www.gov.uk/government/publicati ... zen-form-t.

Dont waste money on Appendix FM

Good luck.
Form T doesn't apply as the OP was born BEFORE 1983 (the for clearly states it is for those born in the UK after 1 Jan 1983) and it also has a good character requirement and the guidance specifically states any immigration breaches or evasion can result in refusal.
Sorry everyone on this matter, I miscalculated OPs DoB wrongly.

Thanks for the correction

Re: British citizenship

Posted: Sun Jul 12, 2020 11:21 pm
by Win49
Thank you all for your explanation and advice. Much appreciated