UK Immigration Help

[MattHonesty]

Good afternoon,

My name is Matthew, I am posting this on behalf of my partner Sarah.

I am a UK born citizen currently living in Canada considering returning to the UK with my partner. We believe she is eligible for UK citizenship by descent, however some advice is needed.

Backstory:
Sarah's grandparents were born in the UK.
Sarah's mother was born on an American navel base in Italy whilst her parents were serving under the crown for NATO.
Sarah was born in 1990 in Canada. Her parents were married at the time of birth.

An application was sent to the washington processing office in January 2013. Within two weeks a decision was given stating that Sarah is not eligible for UK citizenship by descent claiming that her mother is a UK citizen by descent.

Under UK immigration law it stipulates;
Under s.14(2), a British citizen born outside the United Kingdom before 1 January 1983 is not a British citizen by descent under s.14(1) for any of the reasons in 20.2.4.a, b, c, d or i above if, at the time of the birth, his or her father:
• was serving outside the United Kingdom; and
• was in Crown service under the government of the United Kingdom; or
• was in service of any description at any time designated under s.2(3); or
was in service under a Community institution; and
• was recruited for the service in question:
a.in the United Kingdom, if in Crown service or service at any time designated under s.2(3); or
b.in a country which was at the time a member of the Communities, if in service under a Community institution

---

My understanding of the above exert is that Sarah's mother is a UK citizen (not by descent) and is eligible to pass her citizenship on to her children if they apply by descent.

Being over prepared we had sent her mothers passport, full birth certificate and grand parents birth certificates and army related documentation, and I feel there was a processing error.

My questions:
1) What is the allowed time for the appeal process.
2) Was it an error on behalf of the Washing processing office?

I appreciate all of your help, thank you very much in advance.

[Amber]

The issue is "Crown service under the government of the United Kingdom". I believe service under NATO was acceptable from 1983-2006. However, I am not sure.

[MattHonesty]

The issue is "Crown service under the government of the United Kingdom"

Please clarify

[Amber]

I mean you said it was NATO service, and I think that only counted from 1983-2006 but you will need to verify.

[MattHonesty]

I mean you said it was NATO service, and I think that only counted from 1983-2006 but you will need to verify.

Understood, I will look into that. It would be terribly unfortunate if NATO only fell into UK immigration law for those years.

[Amber]

Yes but she may still be eligible for an Ancestry Visa (click) if not British.

[MattHonesty]

I mean you said it was NATO service, and I think that only counted from 1983-2006 but you will need to verify.

Crown service abroad
Prior to 1 January 1983 British men engaged in UK Government service outside the United Kingdom could transmit their British nationality to their overseas-born children irrespective of whether they themselves held citizenship by descent or otherwise than by descent.
This arrangement continues under current law but
o British women in UK Government service can now transmit their citizenship on equal terms with
British men in such service;
o Activities designated by the Home Secretary as being closely related to the UK Government service
(such as NATO), and service under an institution of the EC, are treated for this purpose as being equivalent to UK Government service;
Recruitment to the UK Government or closely related (eg NATO) service must also have taken place in the United Kingdom. Recruitment to the EC Institution service must also have taken place in an EC Member State.


---

Can you please specify where you received your data?

[CR001]

if the citizenship route fails, she will qualify for a UK Ancestry visa which can lead to citizenship after 6 years

[Amber]

See also, page 5 of BN6 (click).

[MattHonesty]

See also, page 5 of BN6 (click).

Firstly, I am very _VERY_ grateful for your help, please do not see any of my responses as combative but rather I'm trying to gain a consensus and clarification prior to resending in the application.

I understand the immigration law received a significant overhaul in 1983 with different rules sand regulations being put in place.

The document you provided I believe is correct, however it directly contradicts with http://www.ukba.homeoffice.gov.uk/sitec ... ide_ns.pdf. Is it possible that this was included into the legal documentation of the overhaul, and NATO also applied prior to 1983? As the document provided is specifically aimed at children born after 1983.

[Amber]

I don't think it does contradict as the text you quoted states:

Prior to 1 January 1983 British men engaged in UK Government service outside the United Kingdom could
transmit their British nationality to their overseas-born children irrespective of whether they themselves held
citizenship by descent or otherwise than by descent.
This arrangement continues under current law but
o British women in UK Government service can now transmit their citizenship on equal terms with
British men in such service;
o Activities designated by the Home Secretary as being closely related to the UK Government service
(such as NATO), and service under an institution of the EC, are treated for this purpose as being
equivalent to UK Government service;

I believe this indicates that previously, these were not accepted. However, I could be wrong.

[MattHonesty]

I don't think it does contradict as the text you quoted states:

Prior to 1 January 1983 British men engaged in UK Government service outside the United Kingdom could
transmit their British nationality to their overseas-born children irrespective of whether they themselves held
citizenship by descent or otherwise than by descent.
This arrangement continues under current law but
o British women in UK Government service can now transmit their citizenship on equal terms with
British men in such service;
o Activities designated by the Home Secretary as being closely related to the UK Government service
(such as NATO), and service under an institution of the EC, are treated for this purpose as being
equivalent to UK Government service;

I believe this indicates that previously, these were not accepted. However, I could be wrong.

What your saying is correct however it directly relates to a woman transferring her citizenship. Her grandfather was male serving for NATO and would not apply in this situation, as I understand it.

[Amber]

I think it could be read as:

Prior to 1 January 1983 British men engaged in UK Government service outside the United Kingdom could
transmit their British nationality to their overseas-born children irrespective of whether they themselves held
citizenship by descent or otherwise than by descent.
This arrangement continues under current law but
1- British women in UK Government service can now transmit their citizenship on equal terms with
British men in such service;
2- Activities designated by the Home Secretary as being closely related to the UK Government service
(such as NATO), and service under an institution of the EC, are treated for this purpose as being
equivalent to UK Government service;

Therefore, two would be included within the 'but'. The best bet is to look in the Nationality Instructions. Which I shall at some point.

[Amber]

See Annex A to Chapter 4. (click) See also, Chapter 2: Automatic acquisition - persons born before 1 January 1983

[MattHonesty]

I think it could be read as:

Prior to 1 January 1983 British men engaged in UK Government service outside the United Kingdom could
transmit their British nationality to their overseas-born children irrespective of whether they themselves held
citizenship by descent or otherwise than by descent.
This arrangement continues under current law but
1- British women in UK Government service can now transmit their citizenship on equal terms with
British men in such service;
2- Activities designated by the Home Secretary as being closely related to the UK Government service
(such as NATO), and service under an institution of the EC, are treated for this purpose as being
equivalent to UK Government service;

Therefore, two would be included within the 'but'. The best bet is to look in the Nationality Instructions. Which I shall at some point.

Again, thank you for your information. You are far more knowledgable than I am, and I do not want to make myself seem closed minded, or aggressive, but rather obtain the best information I possibly can.

Are you aware of any timeframes in place in order to send in a "Re-consideration of decision" request?

[MattHonesty]

See Annex A to Chapter 4. (click) See also, Chapter 2: Automatic acquisition - persons born before 1 January 1983

Again the information you provide is good, however the scenario we are having difficulty with is proving her mother is a UK citizen otherwise than by descent, which the 1981 or 1983 laws will not cover.

She was born in 1966 in a foreign country to british parents serving for NATO. Unless I am misunderstanding british immigration law (entirely possible)??

[Amber]

I think there is a strong case that she is British otherwise than by descent. However, you may want to consider professional assistance for your reconsideration.

[MattHonesty]

I think there is a strong case that she is British otherwise than by descent. However, you may want to consider professional assistance for your reconsideration.

Again, I really appreciate your time and advice, I am more grateful than you know, considering your using your free time to offer help and advice to those in trouble.

As we have had one application rejected already stipulating that her mother was a UK citizen by descent, we really need to prove that she is a UK citizen otherwise than by descent therefore giving her the ability to transfer the citizenship to her children.

Has anyone had any history with application re-considerations?

[Amber]

Looking through the information I would think that where a service has been designated (post 1983 as above) British citizens who were born abroad before 1 January 1983 to fathers serving outside the United Kingdom in that service should be British citizens otherwise than by descent from the date their father's service was designated. You would need to prove that the parent was in designated service at the time of birth and thus British otherwise than by descent. Just stating that in the reconsideration with the proof should suffice. It's a shame JAJ(fellow moderator) wasn't around to help.

[MattHonesty]

Looking through the information I would think that where a service has been designated (post 1983 as above) British citizens who were born abroad before 1 January 1983 to fathers serving outside the United Kingdom in that service should be British citizens otherwise than by descent from the date their father's service was designated. You would need to prove that the parent was in designated service at the time of birth and thus British otherwise than by descent. Just stating that in the reconsideration with the proof should suffice. It's a shame JAJ(fellow moderator) wasn't around to help.

Thank you for your continued follow-up and dedication.

[MattHonesty]

Can someone with knowledge of reconsideration requests offer some advice, I would really appreciate it.

Our application for citizenship was rejected on January 27th 2013. Is there a time limit on sending in reconsideration requests? Also, I'm going to be providing "new evidence" essentially outlining current legislation and adding additional proof of her grandfathers NATO tenure, is this an issue?

Should we just send in another application?