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Hi,

Thought I'd post this up on the forum to see if I can get any advice.

I'm trying to get a UK passport and it hinges on my father's ILR. I was born in the UK (England), my mum and father were married when I was born, my mum got definite leave to remain AFTER my birth, however my father had it WELL BEFORE my birth.

Problem: Proving this. He no longer contains the original passport from the 1970s that contained the stamp showing his ILR, and the Home Office no longer have his record on file; they've destroyed them!

I tried a National Status Check on myself, trying to force them to come to a decision on what my Nationality Status is. They bailed out and said they can't determine what my father's ILR date was, so told me to naturalise myself, which is unfair as I shouldn't be required to.

How do I go about proving my father's ILR? Any advice is appreciated.

Did a Subject Access Request on my Dad - File Destroyed

Did a Nationality Check On Me - Inconclusive, they said they can't find my father's ILR date, and told me to naturalise myself. This is such BS; they're meant to come to a definitive decision based on the balance of probability, which they haven't.

It also breaches human rights; they're depriving me of my nationality and also not stating that I'm not British, so I can't even gain nationality of another nation if they ask me to prove I'm not British. I'm stuck.

What can I do? I can't travel!

Apparition wrote:Hi,

Thought I'd post this up on the forum to see if I can get any advice.

I'm trying to get a UK passport and it hinges on my father's ILR. I was born in the UK (England), my mum and father were married when I was born, my mum got definite leave to remain AFTER my birth, however my father had it WELL BEFORE my birth.

Problem: Proving this. He no longer contains the original passport from the 1970s that contained the stamp showing his ILR, and the Home Office no longer have his record on file; they've destroyed them!

I tried a National Status Check on myself, trying to force them to come to a decision on what my Nationality Status is. They bailed out and said they can't determine what my father's ILR date was, so told me to naturalise myself, which is unfair as I shouldn't be required to.

How do I go about proving my father's ILR? Any advice is appreciated.

so why cant you naturalize yourself thats what they're suggesting?

sh1981 wrote:

Apparition wrote:Hi,

Thought I'd post this up on the forum to see if I can get any advice.

I'm trying to get a UK passport and it hinges on my father's ILR. I was born in the UK (England), my mum and father were married when I was born, my mum got definite leave to remain AFTER my birth, however my father had it WELL BEFORE my birth.

Problem: Proving this. He no longer contains the original passport from the 1970s that contained the stamp showing his ILR, and the Home Office no longer have his record on file; they've destroyed them!

I tried a National Status Check on myself, trying to force them to come to a decision on what my Nationality Status is. They bailed out and said they can't determine what my father's ILR date was, so told me to naturalise myself, which is unfair as I shouldn't be required to.

How do I go about proving my father's ILR? Any advice is appreciated.

so why cant you naturalize yourself thats what they're suggesting?

I could go down that route, but I know I have British Nationality through my father. The problem is attaining proof of his ILR and I have no idea where this is kept. The UKBA appear to only hold Home Office files, and a Home Office file is only generated when you register as a British Citizen; not when you're still Iranian (as in my dad's case) and only have ILR in an Iranian passport.

I do have the passport number for the passport that was lost which had ILR. I've thought about contacting the Iranian embassy for help, the local council for proof of when he entered the electoral register, enquire into his Visa records as he travelled to Germany and returned to the UK before I was born (which requires ILR based on what I've read), an affadavit from my father to the effect he owned an Iranian passport of number XXXXX that was presented at marriage to my mother which contained ILR and was subequently lost, etc. Then go for another Nationality Status Check on myself and pray to god they accept.

Any advice on tracing his ILR based on what I've said? I'd be ever so grateful.

Apparition wrote:

sh1981 wrote:

Apparition wrote:Hi,

Thought I'd post this up on the forum to see if I can get any advice.

I'm trying to get a UK passport and it hinges on my father's ILR. I was born in the UK (England), my mum and father were married when I was born, my mum got definite leave to remain AFTER my birth, however my father had it WELL BEFORE my birth.

Problem: Proving this. He no longer contains the original passport from the 1970s that contained the stamp showing his ILR, and the Home Office no longer have his record on file; they've destroyed them!

I tried a National Status Check on myself, trying to force them to come to a decision on what my Nationality Status is. They bailed out and said they can't determine what my father's ILR date was, so told me to naturalise myself, which is unfair as I shouldn't be required to.

How do I go about proving my father's ILR? Any advice is appreciated.

so why cant you naturalize yourself thats what they're suggesting?

I could go down that route, but I know I have British Nationality through my father. The problem is attaining proof of his ILR and I have no idea where this is kept. The UKBA appear to only hold Home Office files, and a Home Office file is only generated when you register as a British Citizen; not when you're still Iranian (as in my dad's case) and only have ILR in an Iranian passport.

I do have the passport number for the passport that was lost which had ILR. I've thought about contacting the Iranian embassy for help, the local council for proof of when he entered the electoral register, enquire into his Visa records as he travelled to Germany and returned to the UK before I was born (which requires ILR based on what I've read), an affadavit from my father to the effect he owned an Iranian passport of number XXXXX that was presented at marriage to my mother which contained ILR and was subequently lost, etc. Then go for another Nationality Status Check on myself and pray to god they accept.

Any advice on tracing his ILR based on what I've said? I'd be ever so grateful.

since ukba issues ILR i wouldve thought they'd have kept records!

True, but it's easier said than done. I'm on a mission to gather as many documents as I can and then get my father to do an affadavit. Do you think changing his name might have made a difference? So far in my letters, SAR and NS check, I only mentioned his old name which he had at the time of his ILR and my birth.

I'm going to do another SAR requesting all data including Visa records, landing cards, etc. Also write to every department within the UKBA and also the Iranian embassy. And get his electoral info. And DVLA info. And NI info. And HMRC info. And a solictor's letter.

Pray to God.

I left this for a while and returned to it a few weeks ago.

Turns out my mums 1st passport shows she UK settled 8 months before my birth. We were sending the wrong docs or thinking we didn't have the right ones, largely due to poor advice from idiots over the phone/e-mail.

Thankfully this forum shed a lot of truth on the rules/laws and what really goes on. The main problem was my fixation on ILR, yet the law is about being settled.

Page 14: gov.uk/government/uploads/system/uploads/attachment_data/file/262095/chapter3.pdf

Ironically, credit to Theresa May who abolished UKBA and published these docs online for transparency.

sh1981 wrote:since ukba issues ILR i wouldve thought they'd have kept records!

Another scam, SARs are likely useless esp if you go back 15+ years. If there were records, passport offices would see this instead of asking you, as they do 'checks'.

If you want your/parents' records kept permanently on file with easy access, ensure all births, marriages, divorces are done in the UK. The GRO will have it on file, easily obtained with a small fee.

Apparition wrote:

sh1981 wrote:since ukba issues ILR i wouldve thought they'd have kept records!

Another scam, SARs are likely useless esp if you go back 15+ years. If there were records, passport offices would see this instead of asking you, as they do 'checks'.

If you want your/parents' records kept permanently on file with easy access, ensure all births, marriages, divorces are done in the UK. The GRO will have it on file, easily obtained with a small fee.

Someone over here suggested to check if your father has any bank accounts from that time as they might have taken a copy of ILR for identification purpose.