Am I a citizen by descent? please help!

[jrad]

I hope that someone could please help me clear up my eligibility for a UK passport/citizenship. – SORRY for the long post!

My mother was born in New Zealand, but she was registered as a UK Citizen in 1972. It says 'Registered as a citizen of the UK and Colonies under section 6 (2) of British Nationality Act 1948' on her certificate. She obtained this through her first marriage to a British born male.

She later divorced him, and had moved back to NZ when I was born in August 1980 (to a NZ father). My mother still holds UK citizenship today though and was granted a British passport in 1992 (which was the first time she ever applied for a passport)

I believe that how she acquired her citizenship makes her a citizen otherwise than by descent? and that would make me a British citizen by descent automatically at birth? I have read online that the law changed in July 2009 making it now possible for people born before 1983 to a British mother.

http://www.bia.homeoffice.gov.uk/britis ... ishmother/
http://www.ukba.homeoffice.gov.uk/sitec ... de_ukm.pdf

I moved back from London in October and am now living in NZ but am quite keen to go back to England. If I apply in New Zealand will it be for a passport or for Citizenship which will then allow me to apply for a passport?

I still have a limited company registered in England but I am behind on my Corporation Tax. I had to move back to NZ as my mother was diagnosed with Cancer and passed in late January. As part of the requirements of good character it says:

Among the duties and obligations, which you are expected to fulfil, if you live in the United Kingdom, is payment of income tax and National Insurance contributions. We may ask H.M. Revenue & Customs for confirmation that your tax and National Insurance affairs are in order. When you sign the application form you will be giving your consent for us to approach them.

2.1-2.5 If you do not pay income tax through PAYE you must demonstrate that you have discharged your obligations towards the H.M. Revenue & Customs, by attaching your most recent Self Assessment Statement of Account. 2.6 You must give details of all civil judgements which have resulted in a court order being made against you. If you have been declared bankrupt at any time you should give details of the bankruptcy proceedings. Your application is unlikely to succeed if your bankruptcy was due to you being reckless or irresponsible in your financial affairs.


I have lost control of the company affairs and been so preoccupied with supporting my mum before she died that I am now behind on Corporation Tax. Will they look at this or is it only me personally that needs to be clear of Tax. I am personally all paid up just not the COMPANY. Also with me applying as a New Zealander from New Zealand I wonder if they would even make a connection...

Any help anyone can give me would be very much appreciated!

Thanks a lot!!
James

[JAJ]

Do you know what date your mother got married? It likely makes a difference to your eligibility - whether it was before or after 28 October 1971.

[jrad]

Do you know what date your mother got married? It likely makes a difference to your eligibility - whether it was before or after 28 October 1971.

It was in November 1971

[jrad]

the other thing is that my brother born in June 1983 has managed to get a passport and citizenship through the exact same methods. I didn't apply as there was the strange 1983 rule which has now been dropped...

[jrad]

Hi does anyone know if the data will affect my chances?

[JAJ]

Looks very similar to this situation:
http://www.immigrationboards.com/viewtopic.php?p=147593

If it's really important, find a good UK immigration solicitor (no, I can't recommend one) and get advice in writing on your situation.

The Immigration Act 1971 is available online at http://www.statutelaw.gov.uk if you want to check for yourself.

[Directive/2004/38/EC]

the other thing is that my brother born in June 1983 has managed to get a passport and citizenship through the exact same methods. I didn't apply as there was the strange 1983 rule which has now been dropped...

What is different between your brother's situation and yours? Did your brother just apply for a passport, or did he apply for something else also?

[jrad]

Looks very similar to this situation:
http://www.immigrationboards.com/viewtopic.php?p=147593

If it's really important, find a good UK immigration solicitor (no, I can't recommend one) and get advice in writing on your situation.

The Immigration Act 1971 is available online at http://www.statutelaw.gov.uk if you want to check for yourself.

This is my brothers post haha, just that his situation seems to be slightly different in the fact that I think he WAS always a citizen and just never realised it because of the 1983 law, however from what I understand, I can qualify to become a citizen first then apply for a passport. I think...
It's all very confusing to be honest.

What is different between your brother's situation and yours? Did your brother just apply for a passport, or did he apply for something else also?

he applied for a passport while he was in the UK and got it so quickly with no other requirements. In have all the same documentation as him, however I believe I need to send a few other bits like my passport and mums birth certificate. It seems so unfair that he can just coast in and get a passport while I need to jump through hoops to only Possibly get citizenship.

The timeframes worry me a bit too. The lady on the official help line phone said 3-6months to process. If they have my passport for that long it Puts me in a tricky position if they then reject me. I currently have a Tier 1 visa and it's due for renewal on 30 Jan 2012. Do u know if they hold the passport the whole time it's processing or do they send it back early after they have sighted it? Hopefully the Uk embassy in Wellington can just copy it and very it before posting to the Uk for processing... Then I can always go back to the Uk early and try to qualify for a renewal.

[jrad]

does anyone know if applying from overseas for citizenship you need to send your current passport or can you send an expired one for proof of identity?

Also do they hold if for the full course of the application or do they send it back early?

Thanks!!

[JAJ]

This is my brothers post haha, just that his situation seems to be slightly different in the fact that I think he WAS always a citizen and just never realised it because of the 1983 law, however from what I understand, I can qualify to become a citizen first then apply for a passport. I think...
It's all very confusing to be honest.

There are THREE requirements (plus good character) to register as a British citizen based on your mother.

http://www.ukba.homeoffice.gov.uk/briti ... ishmother/

-----------

You may be eligible to register as a British citizen if:

1. you were born before 1 January 1983; and
2. you would have become a citizen of the United Kingdom and Colonies by descent if women had been able to pass this citizenship on to their children in the same way as men at the time of your birth; and
3. you would have had the right of abode in the UK and have become a British citizen on 1 January 1983, if you had become a citizen of the United Kingdom and Colonies; and
4. you are of good character.

It is important that you meet all of these requirements. You cannot register using form UKM unless you would automatically have become a British citizen on January 1983 if women had been able to pass citizenship on before that date. Many applications using form UKM fail because the applicant meets requirement 2 but not requirement 3.

------

From the UKM guide it says:
http://www.ukba.homeoffice.gov.uk/sitec ... de_ukm.pdf

You will meet the third requirement if:
(i) your mother was, at the time of your birth, a citizen of the United Kingdom and Colonies by birth, legal adoption, naturalisation or registration* in the United Kingdom, Channel Islands or Isle of Man; or

(ii) one of your mother’s parents (the definition of “parentâ€

[jrad]

This is my brothers post haha, just that his situation seems to be slightly different in the fact that I think he WAS always a citizen and just never realised it because of the 1983 law, however from what I understand, I can qualify to become a citizen first then apply for a passport. I think...
It's all very confusing to be honest.

There are THREE requirements (plus good character) to register as a British citizen based on your mother.

http://www.ukba.homeoffice.gov.uk/briti ... ishmother/

I have seen this so called the homeoffice 3 times and they all said that it would be ok and to apply. I am very skeptical obviously and wondering if the people on the help line know what they are talking about....

anyway I have applied anyway just in case as it is only 80 quid and worth a shot if they all say it is fine.

will keep you posted....