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where to start with current status
Posted: Tue Dec 12, 2023 3:44 pm
by nicknoneck
Hi All,
Ive registered in the hope to gain some advice on where to start regarding an application for a British Passport for a lady who has Indefinite Leave to Remain. best to start with a brief background:-
My partner is a 51 yo Jamaican national. She married an Englishman in June 2000. He died in September 2010, making her a widow. She has no evidence of current status except for an Indefinite Leave to Remain stamped in an expired (2010) Jamaican passport. She wants to apply for a British passport, but some questions need to be answered:
1) is she a British Citizen via marriage?
2) if so does she lose it when she was widowed?
3) if none of these, what's her current status?
She has lived and worked as a self employed hairdresser in Britain since 2000. She has an NI number, NHS number and an account with the Inland Revenue.
Where to go first??
Any advice would be greatly appreciated.
Tnx Muchly
Nick
Re: where to start with current status
Posted: Tue Dec 12, 2023 3:49 pm
by alterhase58
nicknoneck wrote: ↑Tue Dec 12, 2023 3:44 pm
Hi All,
Ive registered in the hope to gain some advice on where to start regarding an application for a British Passport for a lady who has Indefinite Leave to Remain. best to start with a brief background:-
My partner is a 51 yo Jamaican national. She married an Englishman in June 2000. He died in September 2010, making her a widow. She has no evidence of current status except for an Indefinite Leave to Remain stamped in an expired (2010) Jamaican passport. She wants to apply for a British passport, but some questions need to be answered:
1) is she a British Citizen via marriage?
No.
2) if so does she lose it when she was widowed?
n/a
3) if none of these, what's her current status?
She has got ILR per her stamp in the passport - however, she needs to apply for a BRP card because that's required in law since 2015 (I believe). Can you please list out her UK immigration history in chronological order?
She has lived and worked as a self employed hairdresser in Britain since 2000. She has an NI number, NHS number and an account with the Inland Revenue.
Where to go first??
She needs to apply for a BRP card - this will probably require documents supporting residency since possiby 2010) - Link: https://www.gov.uk/biometric-residence-permits
Any advice would be greatly appreciated.
Tnx Muchly
Nick
Re: where to start with current status
Posted: Tue Dec 12, 2023 3:53 pm
by alterhase58
For a passport she needs to be a British citizen - once the BRP is sorted and she can satisfy all requirements she can then apply for naturalisation.
See the guidance:
https://www.gov.uk/government/publicati ... n-guidance
Re: where to start with current status
Posted: Tue Dec 12, 2023 6:19 pm
by secret.simon
The
only time a person automatically acquires British citizenship is at birth, if certain specific conditions are met.
If those conditions are not met at the time of birth, acquiring British citizenship requires either registration or naturalisation through the Home Office. It will not be automatic at any time after the person's birth.
Therefore,
nicknoneck wrote: ↑Tue Dec 12, 2023 3:44 pm
1) is she a British Citizen via marriage?
No.
nicknoneck wrote: ↑Tue Dec 12, 2023 3:44 pm
3) if none of these, what's her current status?
If she has ILR stamped into an old passport AND she has not lived outside the UK for any two continuous years, then she still has ILR.
As
alterhase58 has advised above, she should apply for an ILR BRP.
Alternatively she can apply to naturalise as a British citizen directly, if she meets the requirements. As she is younger than 65 years of age, she will need to take the
Life in the UK test. She does not need to do the English language test as she is Jamaican.
Because her ILR is in her passport and not an ILR BRP, be aware that her naturalisation application may take longer than usual.