British Citizenship - Home Office requesting further evidence from 1995 to 2005

[seekingadvice87]

Hi there,

Awaiting British Citizenship application outcome but the Home Office is requesting for proof of continuous residence from 1995 to 2005 and not the last 3 to 5 years as the spouse of a British citizen.
Why is this and does this mean that without providing proof of residence within this timeframe that the application will be refused?

They have given two weeks to supply these childhood documents and that the application may be refused if documents are not supplied. Applicant was born in the UK in 1995. The documents to present are tricky for the applicant to obtain as their parent is deceased. Documents such as red book, school letters, doctors letters.

Thanks

[contorted_svy]

Strange. Can you reply asking for the reason they need these documents, and remind them that you have ILR and have applied as a spouse of a British citizen? It seems they may be reading your application as a registration application for children who lived in the UK for 10 years.

[seekingadvice87]

Thanks for the reply.

Could it be that they're trying to establish if applicant is eligible for registration as opposed to naturalisation though applicant applied for naturalisation?

The letter states that if documents are not supplied by the deadline that the decision will be made based on current evidence which makes one wonder what else is going on?

How does one go about obtaining these documents without the deceased parent? Very tricky and the timeframe is so short plus bank holiday weekend. Any advice moving forward in addition to asking the Home Office why these documents are being requested.

Many thanks.

[razergd1]

Can you please say which form you used? Is there a chance you used form T or MN1 instead of AN?

Technically, if you hold ILR and married to BC you should be eligible under both 6(2) and (4), for (4) you apply with form T and you need to provide evidence for 10 years residency for 6(2) you apply under form AN and you need to provide 3 years residence.

[seekingadvice87]

Hi there,

The form has AN on it. There were no questions about childhood on the form. It only asked 5 years or 3 years residence but it is only now that the Home office is asking for proof of 10 years. Wondering if they don't think there's eligibility under naturaliation?

[contorted_svy]

This may be a mistake. If you have ILR, the exams, residence, referee declarations, and are married to a Brit - that is all you need to be eligible under 6(2). Try to reply to them and also contact

NationalityEnquiries@homeoffice.gov.uk
citizenship.Support@homeoffice.gov.uk
NationalitySupportTeamFMT@homeoffice.gov.uk
furthernationalityenquiries@homeoffice.gov.uk


and your MP for good measure, and explain the request you have, asking for clarification. You don't have these documents relating yo your childhood and it's unlikely you could track them down anyway as it's been so long ago.

[seekingadvice87]

Thank you for the swift response.

Once these organisations are contacted, the issue is whether the applicant has time to gain response from these within the two week time frame to respond to the further evidence of continuous residence?

What would be the next steps should the applicant not be able to obtain these documents and the application was refused?

[CStone]

Thank you for the swift response.

Once these organisations are contacted, the issue is whether the applicant has time to gain response from these within the two week time frame to respond to the further evidence of continuous residence?

What would be the next steps should the applicant not be able to obtain these documents and the application was refused?

The important part is you request the information and forward a progress email keep them informed if it appears there would be a delay, and the delay is not you requesting the information but the other side providing the requested information you should be ok.

[seekingadvice87]

That's a brilliant idea.

Many thanks!

[secret.simon]

Applicant was born in the UK in 1995.

the Home Office is requesting for proof of continuous residence from 1995 to 2005

A Section 1(4) registration/Form T registration, for children born in the UK and who lived the first ten years of their life in the UK, is a lifelong entitlement to register as a British citizen, while a naturalisation application is always at discretion.

It is also possible that either one of the parents of the applicant may be settled in the UK at the time of their birth, in which case the applicant may already be a British citizen. A person who is already a British citizen can't be naturalised.

The Home Office has to check that the applicant is not already a British citizen and doesn't have an entitlement to British citizenship, which would supersede a discretionary application for naturalisation. Hence these questions.

An applicant has a limited choice between being naturalised under the requirements for Section 6(1) and Section 6(2), because they are just different requirements for the same naturalisation. But if the applicant is entitled to a registration, I think the Home Office is required to check if they can be registered under the entitlement first (i.e. the applicant may not have a choice in the order of priority of assessment of the application. Entitled application always wins over discretionary application).

[seekingadvice87]

This is interesting to read. Thank you for this. Yes both parents were living here but they didn't need to have a visa so it's confusing.

[secret.simon]

both parents were living here but they didn't need to have a visa so it's confusing.

Why didn't they need to have a visa?

Were they accredited diplomats? Were they EU citizens working in the UK? Did they have a Commonwealth Right of Abode stemming from before the change in British nationality laws? All of those can impact the person's British citizenship status at birth.

[seekingadvice87]

Hi there,

Yes they were common wealth

[secret.simon]

Yes they were common wealth

If one of the parents was a Commonwealth citizen and either had Right of Abode because one of their parents (the applicant's grandparent) was a CUKC or British citizen, or they were a Commonwealth citizen who had got a work permit under the Commonwealth Immigration Acts in the 1960s and had subsequently settled in the UK, it is possible that the applicant for naturalisation may already be a British citizen otherwise than by descent (as they were born in the UK to a parent settled in the UK).

That may be worth exploring further.

[seekingadvice87]

Hi,
Thank you for taking the time to explain this. Yes there was one document that had the applicant's grandfather as a CUKC but can you explain what this means?
The applicant's father was common wealth but all of this is hard to prove because they're both deceased. So where does one start from as the deadline to supply these documents is fast approaching

[secret.simon]

Was the applicant's paternal grandfather born in the UK? If so, I presume you can source the grandfather's birth certificate from the appropriate local council office.
Presumably the paternal grandparents then married in the other Commonwealth country, in which case, you can get their marriage certificate and the father's birth certificate from that other country. Likewise with the marriage certificate of the parents and the applicant's own birth certificate.
Note that if the above were the case, the applicant is already a British citizen by birth in the UK to a British citizen by descent father.
If the above is not the case, more details, like how and when the Commonwealth father moved to the UK would help us guide you better.

[alterhase58]

For obtaining official copies of England/Wales birth certificates contact the "General Register Office (GRO):
https://www.gov.uk/order-copy-birth-dea ... ertificate
This is a government body with fixed fees, avoid websites which will charge extra!

[seekingadvice87]

Was the applicant's paternal grandfather born in the UK? If so, I presume you can source the grandfather's birth certificate from the appropriate local council office.
Presumably the paternal grandparents then married in the other Commonwealth country, in which case, you can get their marriage certificate and the father's birth certificate from that other country. Likewise with the marriage certificate of the parents and the applicant's own birth certificate.
Note that if the above were the case, the applicant is already a British citizen by birth in the UK to a British citizen by descent father.
If the above is not the case, more details, like how and when the Commonwealth father moved to the UK would help us guide you better.

Applicant's dad was/grandad was not born in the UK. There's a record of the grandfather representing the commonwealth country at Queen Elizabeth II's coronation in 1953, then obtaining an OBE in 1955 and then a document at a Liverpool port in 1958/59 with a UK address on there and then applicant's father's arrival in 1971, the spouse's arrival in late 70s, purchased a home in 1980, yeah like that but bits and pieces of evidence like that but not much.

[seekingadvice87]

For obtaining official copies of England/Wales birth certificates contact the "General Register Office (GRO):
https://www.gov.uk/order-copy-birth-dea ... ertificate
This is a government body with fixed fees, avoid websites which will charge extra!

Thank you. Is there a similar system for searching other possible records of the granfather and father's residence details?

[alterhase58]

For obtaining official copies of England/Wales birth certificates contact the "General Register Office (GRO):
https://www.gov.uk/order-copy-birth-dea ... ertificate
This is a government body with fixed fees, avoid websites which will charge extra!

Thank you. Is there a similar system for searching other possible records of the granfather and father's residence details?

You can contact the National Archives to request a search for citizenship certificates issued between 1949 and 1986:
https://www.nationalarchives.gov.uk/con ... 1949-1986/
There may be other types of name searches available - check the web site to see what is possible.