Guidance on application of section 65 of 2014 act

[Obie]

The Government has issued guidelines on how section 65 of the Immigration Act 2014

It is worth noting that section 65 is yet to come into force.

The purpose of section 65 is to enable those who would have automatically qualified for British Citizenship at birth and those who would have qualified for registration at birth had their father been married to their mother, to now acquire citizenship.

[Amber]

Section 65, the one good bit of the Immigration Act 2014, is due to commence on 6 April 2015: paragraph 4 of the Immigration Act 2014 (Commencement No. 4, Transitional and Saving Provisions and Amendment) Order 2015 (SI 2015/317). This provision (more or less) brings to an end the gender discrimination of the British Nationality Act 1981 it is very much welcomed. Home Office guidance on section 65 can be found here.

More analysis perhaps but just thought i'd update you all.

[Antsmall]

Section 65 will commence on 6 April 2015 (i.e. in a few days) and the required forms and guidance were posted earlier today:
Application to register as a British citizen: form UKF

[Manchester171]

I see a lot of changes are coming in future to sort out all the pending immigration cases in UK before UK exit EU in 2017 referendum.

[vinny]

I see a lot of changes are coming in future to sort out all the pending immigration cases in UK before UK exit EU in 2017 referendum.

Why do you think that this is relevant to the current topic?

[Antsmall]

There is another guidance on section 65 here:
https://www.gov.uk/government/publicati ... structions

It specifies, inter alia, who is covered by what subsection of section 65 (4F, 4G, 4H or 4I - these numbers refer to the items added into the British Nationality Act 1981 by section 65 of the Immigration Act 2014) and what fees will have to be paid by whom. Basically those registering under section 4F pay the normal registration fee and everyone else will pay only the 80-pound citizenship ceremony fee. The fees are elucidated here:
https://www.gov.uk/government/uploads/s ... t_2015.pdf
This document also contains a 'payment slip' which must be included in applications, either filled in with credit card details or, with the appropriate box ticked, accompanied by a cheque for the correct amount.

This blog has lots of information concerning this topic:
http://www.ukcitizenshipequality.com/

The updates on this petition
http://www.thepetitionsite.com/450/272/ ... h-parents/
and this petition
https://www.change.org/p/british-home-o ... u/10833193 (fewer signatories but longer update)
contain information about the law, how the change came about, and how to apply.

It seems that there is little interest here in this topic; however, even if it only helps one person, it will have been worth posting. And even if nobody looks at it, it's worth posting in case it helps even one person eventually. This issue is irrelevant to most people but intensely important to the small group of people who have been subjected to the discrimination rectified by section 65.

[CommonwealthForever]

Thanks for bumping this thread.

I too have applied for registration under Section 65 but haven't heard anything in nearly 7 weeks since receipt by UKVI.

I noticed that Sections 4E-4J haven't yet been inserted into the British Nationality Act 1981, which is possibly the reason why?

http://www.legislation.gov.uk/ukpga/1981/61/contents

[Antsmall]

Hmm. Well, the absence of these new provisions in the version of the BNA 1981 on that website most probably reflects nothing more worrisome than failure by the 'editorial team' to get around to amending the site. Section 65 did commence in April and the government has announced the fact through official channels, issued guidance, and provided application forms, so hopefully the outdated website shouldn't be cause for concern.

As for the time it's taking you to receive word on your application, firstly, have you received a confirmation receipt from the relevant office? And secondly, they do say on their guidance that they try to process nationality registration applications "quickly - usually within 6 months", or words to that effect. The fact that they describe six months as 'quickly' gives us an idea of the near-geological timescales involved. The guidance does indicate some sort of a delay even in providing email notification that an application has been received, though I don't think it was supposed to be as large as seven weeks. Did you at least receive an email confirmation of receipt?

Are you in touch with Tabitha from the blog?

Anyway, good luck!

[CommonwealthForever]

Thanks for the speedy reply!

My application was received by UKVI on 9 April 2015, however there has been no confirmation via either email or letter, and no fees have been deducted.

I only mention it because the latest that I've seen fees being deducted on this forum is 4 weeks give or take.

Sorry, I'm not sure who Tabitha is?

[Antsmall]

Well that's bizarre. Try calling them on 0300 123 2241. Of course if you're outside Britain, add +44 and remove the zero. If you're in Canada or the USA do 011 44 300 etc, and if you're in most other places dial 0044 300 etc. (You may know this already).

I presume you used the UKF form and you read the guidance that has been indicated on this forum?

Tabitha is the person who runs the ukcitizenshipequality.com blog that I mentioned in an earlier post. She and I were very active in campaigning for this legal change, reaching out to lawyers, MPs and ministers (including Lord Avebury and Julian Huppert, the ones that really pushed for this for years), and so on. She is in contact with many people who have this problem and contacted her because of her blog, so following the legal change, now she's updating them about various developments, hearing about their applications and so on. We are aware of a handful of people who have applied. (Others are still gathering documents).

May I ask how you found out about section 65? I'm trying to spread the word about it and I want to see what 'channels' work - how people are becoming aware of this. There may be people who are suffering because of the previous law and who don't yet know that it's been fixed! It would be awful if they were prevented from claiming their birthright because they simply didn't have the information about these new developments.

[Antsmall]

Incidentally, from what I gather, they only deduct fees once they've approved an application, so the fact that they've still to take your payment shouldn't be worrisome in itself, as far as I understand. This is written somewhere or other in one of the guidances.

[bfrenchfry]

In regards to the fees being taken out - I'm over 4 weeks now and tried contacting UKVI and their response was:

"You should receive an acknowledgement within six weeks. If you have not received an acknowledgement within eight weeks please email us at: FurtherNationalityEnquiries@homeoffice.gsi.gov.uk giving your full name date of birth and address"

So perhaps they're really behind? I've never seen them wait 8 weeks before sending an acknowledgement letter or email or deducting fees... Just trying to be patient and it's VERY hard

[Antsmall]

Ugh. That 'further nationality enquiries' thing is very slow and unhelpful: as far as I've personally experienced, it specialises in taking twenty business days to re-quote, with added spelling errors, the same sources that the questioner already quoted at them to explain that those sources didn't cover their question. In other words they've not been much use, at least to me.

However, do write to them: they take AGES to answer (and then usually answer uselessly) so the earlier you contact them the better. Sure, you can wait until it's officially been eight weeks if you want to make sure they don't take twenty business days to inform you that you should have waited eight weeks and should contact them again if your query has still not magically been answered! It could be that at least they'll be able to verify whether your application has been received. If they can't even do that then one wonders why they're there in the first place.

Again, I'd be most interested to know how you found out about section 65.

You might also want to use the 'contact us' form (top right) on the blog I mentioned earlier http://www.ukcitizenshipequality.com/ whose creator has been dealing with section 65 applications (I mean, not as a lawyer or anything like that, but I guess two minds are better than one and this person might have already come across other problematic applications).

[bfrenchfry]

Again, I'd be most interested to know how you found out about section 65.

You might also want to use the 'contact us' form (top right) on the blog I mentioned earlier http://www.ukcitizenshipequality.com/ whose creator has been dealing with section 65 applications (I mean, not as a lawyer or anything like that, but I guess two minds are better than one and this person might have already come across other problematic applications).

Thanks Antsmall! I can't answer for other people, but I only happened upon section 65 last year when I decided I was finally moving to the UK someway somehow. I was looking for visa options open to me and magically it was on the .gov site. However, back then they said the provision passed in September after motions in May and when I contacted the government to find out what form I should file they told me to fill out form AN. I did so, they took 5 months to contact me and by then it was March and they had announced that it wouldn't go into affect into April 6th and new forms would be released. UKVI told me I had to refile with form UKF (to come soon) and sent back all my paperwork and original payments. I sent it all back out in April and now I wait all over again...

Thanks for Tabitha's info and site too! I may have to start looking for help anywhere I can!

[CommonwealthForever]

Any more news from fellow Section 65ers?

I'm nearing on 15 weeks and still no Acknowledgement or Biometrics letter. However, fees were deducted a few weeks back...

[Antsmall]

Well, I got my email acknowledgement on Bastille Day, four days ago, having sent off my application on the 20th of May - nearly two months ago, therefore. On the guidance to section 65 it says that the acknowledgement should be received within 2 to 4 weeks if I remember correctly, but when I called their number (0300 123 2241 - I called from abroad, so I had to add +44 and call in the middle of the night) they said that everything is much slower now and I should wait until I've heard nothing for eight weeks before calling again - they said that only after a certain amount of time (and I think it was eight weeks) will they investigate individual cases. In your case this is of course long past.

I'm not sure if my fee has been taken yet *but* I am applying under a section which only requires payment of the 80-pound citizenship ceremony fee, which, they say, is only taken when the application is approved. I live abroad and usually don't use my almost empty British bank account, so I only receive bank statements very infrequently. I sent them a cheque from that account. Presumably if they do take the money I'll get a bank statement reflecting that, with delays because I live so far away.

Yesterday I was informed of one case in which the person got their email acknowledgement after THREE WEEKS and has now got their citizenship after only THREE MONTHS. However, this is a person who applied from within Britain. I think it's easier for them when the applicant is in Britain because they can check things locally - for instance, tax offices, employers and the like. It is worth noting that the nationality people made several errors in this person's case: for instance, they misspelt the person's place of birth, necessitating some procedures to rectify that. This is the only case I've heard of where anyone has actually got their citizenship through section 65, and I'm in touch with several people with their finger on the pulse, so to speak.

It seems really, really bizarre that you have had to wait fifteen weeks with nothing while someone else got everything done in three months (including time to rectify errors). Are you applying from abroad? Also, are you applying under a subsection of section 65 which requires you to pay fees other than the citizenship ceremony fee?

I'd say take this up with them, which is a nightmare because they tend to be extremely slow in replying to emails, plus the phone line claims to be just a general information line. I'm sorry that you're going through all this trouble. Do keep us informed!

[CommonwealthForever]

Interesting stuff, thanks for the update. I'm applying from Australia. I'm also applying under a provision that only requires the 80 pound citizenship fee. My account was credited by the 'Nationality Directorat Liverpool' about 5 weeks ago. I might make some enquiries in the coming days

[Antsmall]

Hmm. Well, if they've taken the fee, that might be good news, n'est-ce pas? We hope? They do say somewhere that they only take the fee if they're accepting the application. I can't remember where it says that - maybe in the guidance.

By the way, I forgot to mention that I didn't receive any biometric thingie either. I just received the email notification (a rather skeletal thing that said something along the lines of 'we've received your application which will be dealt with in due course; don't answer this email since this address is not monitored') and nothing else. Mah. Let's hope.

Let us know if anything transpires. Good luck! To us all, I guess...

[CommonwealthForever]

Good news, got the biometrics letter

[Antsmall]

Nice to hear! So at least we know that SOMETHING happens eventually... Here's hoping for a good outcome.

By the way, what is the biometrics letter exactly - does it give you an appointment to have your biometrics taken at the nearest consulate, for instance? Just so the rest of us can know what to expect. Thanks!

[CommonwealthForever]

I received 3 double-sided sheets and the envelope also included all of my belongings (passport, birth certificate).

As I am residing abroad, they get you to go to your nearest 'VFS Global' site to take a photo and 10 fingerprint scans within 30 days of the date of issue on the letter.

You should also ensure that your full details are correct. I've identified a few issues with regards to spelling of my name, and they require you to email them to notify of any errors.

Hope that helps

[Antsmall]

Did they give you any indication of where this fabled 'VFS Global' entity might be in your city? Because if not I'm basically toast. The only references to VFS Global in my city appear to be inside the Spanish, Indian or Dutch consulates, and their website http://www.vfsglobal.com/ is a masterpiece of complicated inefficiency which has no 'where we are in the world' thing and where navigating their 'need information on visas' thing on the left (this being the closest one can get to a 'where we are' thing) eventually yields an 'Americas' page (because I'm in the USA - I'm in, though not of, the USA) which doesn't include the USA. Even a search for VFS Global on google maps in my city only gives me the location of the Spanish consulate. What kind of information did they give you?

And the email address they provided - was it the usual furthernationalityenquiries one which takes twenty business days to answer (and then only gives you a misspelt account of the FAQ which you already told them you knew about), or something more specific? Did you actually contact them to rectify their spelling errors (the only other person I've heard of who has had any contact from them about their registration application also reported spelling errors) and if so, did they reply in any way?

Thanks - any information will be helpful!

[Antsmall]

And by the way, their 'contact us' thing forces you to choose between 'visas' and 'corporate' and then makes you specify which country you are in and which country you wish to visit and then takes you to that awful UK Visas website https://ukvi-international.faq-help.com/ which makes you do everything online, even though you don't really want to ask about visas but merely wish to know where the dreadful VFS Global thing physically is for a non-visa reason. It's like something out of Monkey Dust. Everything leads to some ghastly FAQ which doesn't answer any Qs. So yes, any information would be helpful! But I strongly suspect they merely told you 'go to your nearest VFS Global office'. No harm in asking though...

[CommonwealthForever]

It just says to enrol at http://www.vfsglobal.co.uk/Global/ and follow the instructions to find the nearest location. I haven't registered yet as I assume I can't proceed until my details are corrected. I'm lucky in the sense that the Australian population is quite concentrated within 4 main capital cities (one of which I live), so there is a VFS Global service in all 4.

The process for correcting details is to email NationalityBiometricsOverseas@homeoffice.gsi.gov.uk. There is no mention of any timeframe, and I did not receive any automatic reply email from this address.

[Antsmall]

Thanks for the info. Yes, that is the website where if you select 'Americas and Canada' it doesn't include the USA. It cuts off after Colombia, but I can see 'Dominica' peeking out at the bottom, so presumably it thinks there's a scrollable-down list but it doesn't allow scrolling down. (It could be my browser - I'm now going to try it on a bunch of different browsers).

Anyway, I clicked on 'Canada' and then substituted 'Canada' with 'Usa' in the URL and got a page which makes people apply for a visa online (the same as for Australia). That in turn requests that we click on another website (called visa4UK - maybe they've hired the same public relations people as SClub7 and the other teen bands) which requires the creation of an online account etc etc. It seems rather silly to make us go through the bottleneck of a visa application website when we're not applying for a visa; I can only hope that somehow 'registration for citizenship by descent' is one of the 'options'.

Well, you're 'boldly going where no man has gone before', so please let us know what happens! Many people will be going through the same process when their paperwork is finally processed, and any information you provide will be very useful. Thanks very much!