Born in UK but apparently not a British Citizen

[Kookaburra]

My friend was born in the UK in 1985 from parents of Danish and Spanish Nationality. She was automatically of Danish nationality received from her father's side and received a Danish passport which expired on her 21st Birthday as her Danish nationality expired then. She has lived in the UK all her life, her parents did not have residency or British nationality at the time of her birth but did have a work permit.

The British passport office have withdrawn her application for a passport as they do not seem to know what documents she is required to produce. In this case does she need to apply for a certificate of naturalisation even though she was born here and has lived here all her life. We are not sure who to contact as nobody seems to know the procedure. Help would be appreciated.
Thanks.

[sakura]

My friend was born in the UK in 1985 from parents of Danish and Spanish Nationality. She was automatically of Danish nationality received from her father's side and received a Danish passport which expired on her 21st Birthday as her Danish nationality expired then. She has lived in the UK all her life, her parents did not have residency or British nationality at the time of her birth but did have a work permit.

The British passport office have withdrawn her application for a passport as they do not seem to know what documents she is required to produce. In this case does she need to apply for a certificate of naturalisation even though she was born here and has lived here all her life. We are not sure who to contact as nobody seems to know the procedure. Help would be appreciated.
Thanks.

Is there any reason why she'd like to apply for British citizenship (in that, as a Spanish citizen she is treated more or less the same as a BC)? Actually, she is a Spanish citizen (you don't mention whether she became one from her mother's side) Doesn't really matter about why she's applying anyway, she is British actually.

Well, she wasn't automatically British just because she was born here...why? The law changed sometime in 1983 so that people born here were not automatic BCs unless one parent was a BC or permanent resident.

Now, if she has lived here all her live, she has two options;
1. People can be registered as a BC if they live here for the first 10 years of their lives....so, she is 22 now? So she can register as British.
2. Since she is a Spanish and therefore EU citizen, EU citizens get automatic permanent residency after 5 years, and since that has passed, she can apply for naturalisation. I think using the naturalisation form (but this is more costly than the first option, and she'd need to pass a test)
Actually, she could have applied ages ago once one of her parents obtained permanent residency (ILR).

I think the first one is the one she should follow...she can either naturalise as an EU citizen or she can register as someone born in the UK who qualifies. I would leave it to someone more knowledgeable about these options to clarify if I have made some errors. But the point is that she'd need to fill in a from (taken from the BIA website) to prove she qualifies as she can't simply apply for a passport just like that (methinks).

Maybe use Form T? http://www.ind.homeoffice.gov.uk/applyi ... dguidance/

[transpondia]

I agree with this assessment except for point [1] because for the person between the ages of 10 and 22 to register as British they must have always been stateless and the OP's friend once held Danish nationality (British Nationality Act 1981, Sch 2, Section 36 "Persons born in the UK after commencement")

I was unclear about the 1st 10 years of one's life because this may require registration as a minor. If not then the OP's friend needs only to register by proving they were not out of the UK more than 90 days in any year.

But otherwise fine. As a safety net, and in all events, the OP's friend can enjoy the long residence provision. This doesn't provide a passport until the 1 year of residence passes and they go for naturalization. But I agree that getting a British passport without establishing her nationality and/or normalizing her status isn't going to work.

Don't know if the OP's friend has a claim on Spanish citizenship, but if so that's the easiest method by far.

[SYH]

Are you sure doesn't have danish nationality, just because the passport expired doesn't mean she stops being danish.
Second as having been danish, wasn't she exempt from the necessity of ILR, that is if denmark is EU.
It isn't unusual to not have the nationality of the country you are born in if your parents aren't of that nationality.

[transpondia]

It isn't unusual to not have the nationality of the country you are born in if your parents aren't of that nationality.

This would be fine, but "usual" and "unusual" are massively understated when trying to unravel the logic behind British nationality law. The history is just too complex to be compared easily with other countries.

[SYH]

I dont think the other countries would feel that way but your point doesn't change the situation
I am basically suggesting to move on as this is not going to be tactic to get her sorted

[Kookaburra]

Hi, thanks for the help. Trying to do this without having to pay a fee to register or get a certificate of naturalisation though we are aware its an option, it just seems that since she lived here all her life it wouldn't make sense to have to pay.

She doesn't necessarily want to apply for British citizenship, its just due to problems in getting a passport that we're trying to look into this.

Apparently she no longer qualifies for another Danish passport as she doesn't speak the language nor does she live there.

Thank you

[JAJ]

My friend was born in the UK in 1985 from parents of Danish and Spanish Nationality.

As you say her father was Danish, she is most likely a British citizen already provided her parents were married.

Were they married? If so, she's most likely already British by birth.

Basically it boils down to the fact that prior to 2 October 2000, citizens of EU member states exercising Treaty Rights in the UK were automatically deemed "settled" for nationality purposes. You say her parents had work permits - her Danish father would not have needed one in 1985.

The law is made clear in this document from the Nationality Instructions:
http://www.ind.homeoffice.gov.uk/docume ... iew=Binary

8.6 The following examples may help to illustrate the position:

a. Child born legitimately in UK in 1992 to a German father employed at the BBC in London, and his Indian wife. At the time of the birth the couple both had residence permits/documents, but not permission to remain
indefinitely. First passport applied for in 1993: child to be treated as a British citizen, s.1(1)(b) BNA 1981. Second passport applied for in 2003: child to be treated as a British citizen, s.1(1)(b) BNA 1981.

The only complication I can see (other than parents not being married) is if the Danish father had previously resided in, or was otherwise connected with, the Faeroe Islands or Greenland.

The Passport Office almost certainly won't understand these rules, so if your friend is indeed automatically British, she ought to write to the Home Office IND in Liverpool (or whatever they call themselves now) and ask for a letter confirming that she acquired British citizenship at birth in 1985. Armed with this letter, she can apply for a British passport.

[Marco 72]

Are you sure doesn't have danish nationality, just because the passport expired doesn't mean she stops being danish.

The original poster had written that her citizenship had expired. Danish citizenship by descent is lost at the age of 22 unless one applies to retain it.

Basically it boils down to the fact that prior to 2 October 2000, citizens of EU member states exercising Treaty Rights in the UK were automatically deemed "settled" for nationality purposes.

I am just wondering if this was already the case in 1985. I remember that the definition itself of what constituted a treaty right changed significantly in the 1990's. In any case, I think she may have to provide evidence that her father was working in the UK at the time of her birth.

[Dawie]

Why is everyone ignoring the one Spanish parent here? In all likelihood this person is entitled to Spanish citizenship by descent.

[Siggi]

Yes the esay route will be to apply for a Spanish Nationality via her Mother.

Whilst she can do the BC thing but is it costly and long winded.

By the way Dennish law doe's not allow for dual Nationality, if she continues along that route.

[Christophe]

Yes the esay route will be to apply for a Spanish Nationality via her Mother.

Whilst she can do the BC thing but is it costly and long winded.

By the way Dennish law doe's not allow for dual Nationality, if she continues along that route.

Leaving aside the present need for a passport though, in the long run it would make good sense for her to make sure that she is a British citizen if she has lived all her life in the UK and intends to continue living the UK. This will enable her to take a full part in the life of the country and avoid needless complications - and one actually never knows when laws may change or immigration controls be put on EU citizens again. There is no sign of that at present, of course, but funnier things than that have happened in the past. In the overall scheme of a lifetime, the cost and length of any process seems relatively unimportant. Indeed, if, as suggested above, she is already a British citizen the cost is that of a postage stamp anyway.

[Marco 72]

Why is everyone ignoring the one Spanish parent here? In all likelihood this person is entitled to Spanish citizenship by descent.

To me it sounds like the OP already knows that she has Spanish nationality, and was just asking about how to get her a British passport. Perhaps it takes ages to get a Spanish passport abroad and they thought it might be quicker to get a British one, since she was born in the UK.

[SYH]

Why is everyone ignoring the one Spanish parent here? In all likelihood this person is entitled to Spanish citizenship by descent.

Because a lot of countries only acknowledge citizenship through the father, it is quite a sexist thing so don't get me started

[Siggi]

SYH
You are right that a lot of country only allow nationality to be passed on by the Father, however I think you will find that most EU countries have done away with that thinking in one way or another.

[JAJ]

Basically it boils down to the fact that prior to 2 October 2000, citizens of EU member states exercising Treaty Rights in the UK were automatically deemed "settled" for nationality purposes.

I am just wondering if this was already the case in 1985. I remember that the definition itself of what constituted a treaty right changed significantly in the 1990's. In any case, I think she may have to provide evidence that her father was working in the UK at the time of her birth.

It was the case (for Danish citizens) right up from 1 Jan 1983 to 1 October 2000. The complications concern Spanish and Portuguese citizens who did not have unrestricted rights until 1 January 1992, and Greeks who did not obtain these rights until 1 January 1988.

If parents were married and father wasn't a diplomat or something, then the person in question is a British citizen.

Evidence that father was working may well be required, but if formal documentation is not available then some kind of statutory declaration from father or other British citizens who know the family may be acceptable.