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Am I British Citizen?

Posted: Mon Jan 02, 2012 12:45 am
by deonight
My mother came to this country in 1991, also the year I was born. At the time of my birth she (and dad) did not have British citizenship or ILR.

She didn't register me as a British citizen (she was not aware of the 1981 Act and thought I had the citizenship from being born in the country).

In 2001, I got my first British passport from the IPS (my mother can't remember if they asked for British citizenship but she went through the application process and I was granted one so not sure what's gone on).
Before this my passport was within my mother's passport of her home country.

My mother was naturalised as a British citizen in 2005 (when I was 14).
My passport expired in 2005 and so I had to get it renewed, received my 2nd British passport with no problems.

A few months ago I sent my passport to the IPS to update my photo (look quite different to before) but they contacted me back asking if I've got British citizenship and that they suspect my passport was issued to be in error and that they can't issue me a passport until I prove I am a British citizen.

I'm really puzzled by this and would really like some information.

First of all, do I become a British citizen when my mother is naturalised whilst I was a minor?

Secondly, the IPS suggested that before doing a (rather expensive) application, it's worth checking the Home Office for my citizenship status first. I've had a look at the status check form and they do ask details of my parents' citizenship (as they're naturalised, does that give me entitlement?). Is this a possible way to confirm my British citizenship?

What can I do? All advice would be much appreciated.

Posted: Mon Jan 02, 2012 2:11 am
by vinny
See also Baby Citizenship (6.3.8).

Posted: Mon Jan 02, 2012 2:42 am
by deonight
vinny wrote:See also Baby Citizenship (6.3.8).
Thank you for your reply.

Now that the link you've provided confirms that I am entitled to citizenship because my mother has become a citizen, What application do you suggest I do considering I am 20 so the MN1 form isn't for me.

Posted: Mon Jan 02, 2012 3:15 am
by vinny
They may be able to use discretion under 6.3.8. Else, register (on the basis of having spent your first 10 years in the UK) or naturalise.

Posted: Mon Jan 02, 2012 8:30 am
by John
My mother came to this country in 1991, also the year I was born.
For the record, were you born in the UK? That is, did she come to the UK and later gave birth to you, or alternatively, she gave birth to you and later that year came to the UK?

Posted: Mon Jan 02, 2012 9:06 am
by Jambo
@John
She didn't register me as a British citizen (she was not aware of the 1981 Act and thought I had the citizenship from being born in the country).
@deonight - The NS form to check citizenship with the HO asks for parents citizenship mainly for cases in which the parent was BC or held ILR before the child was born. This doesn't seem to be your case. Best to confirm your status with The HO first and then follow vinny's advice if registration is needed.