Citizenship of spouse

ThomPayne · Post by **ThomPayne** » Sat Jun 15, 2013 1:56 pm

What would be the citizenship under the following circumstances ?

Born USA
Migrated to UK aged 17 in 1972 with father.
Left behind in UK
Married to British citizen
Children born and resident in UK
Resident continuous in UK since immigration.
US passport expired.
No other action taken re UK citizenship.

Cheers

Post by **Lucapooka** » Sat Jun 15, 2013 2:06 pm

What was her status on entry into the UK and has that been maintained or switched? One must assume that she had ILE on entry but that can't be confirmed from the information you have given. If she has ILE or ILR she can apply for BC at any time if her absenses in the past 3 years are not excessive.

ThomPayne · Post by **ThomPayne** » Sat Jun 15, 2013 2:14 pm

They had right of entry. They were US citizen on entry and retained US passport to 1986 - but not renewed.
So far as is known there is no ILR.

Post by **Lucapooka** » Sat Jun 15, 2013 2:21 pm

Right of entry as what: visitors, migrant workers, diplomats, settlement visas? You need to give the specific details of her entry visa.

Post by **Amber** » Sat Jun 15, 2013 2:26 pm

If the person did not naturalise themselves before and does not have ILR/ILE then given the length of time they have been in the UK they should be able to gain ILR due to 20 years continuous residence (regardless of legality) and once gained can apply for citizenship after 3 years of legal residence as the spouse of a BC subject to the other requirements.

ThomPayne · Post by **ThomPayne** » Sat Jun 15, 2013 2:43 pm

It is no longer known/remembered what entry right existed, only that it was of a limited duration. However it is known that a British relative (not a parent tho') gained some form of permission for her to work in the UK (this in the early 70s). This is all that is known regarding entry.

The point re continuous residency is interesting as her residency has been un-interrupted.

Thanks for the replies so far folks.

Post by **Lucapooka** » Sat Jun 15, 2013 2:50 pm

So you can't really expect an answer on this forum if you don't know her immigration status. At worst, she has no current status but the other poster has given you information on what her option would be in that case.

ThomPayne · Post by **ThomPayne** » Sat Jun 15, 2013 3:01 pm

Thanks to you both.

What I was after was info, leads, ideas - an answer if poss, but if not then somwething to go on. Which is exacxtly what I've got. And yes, thanks Lucapooka, I did notice the info from D4109125, which was most helpful - thanks D4109125.

Update
document found

Certificate of Registration
containing the following entries

1 - Visit up to three months. (1972). The condition arrached to the grant of leave to land is hereby varied and in so far as it restricts employment is cancelled. The holder is permitted to remain in the UK until...`1973."

2 - "The holder's leave to enter the United Kingdom is hereby varied so as to expire ...1974"

3 - "The time limit on the holder's leave to enter the United Kingdom is hereby removed...1974

Post by **Lucapooka** » Sat Jun 15, 2013 3:10 pm

Item 3: If there is no time limit on her leave then she has ILR.

Ayyubi72 · Post by **Ayyubi72** » Sat Jun 15, 2013 3:10 pm

Just noticed that OP provided more info. So deleted my post.

ThomPayne · Post by **ThomPayne** » Sat Jun 15, 2013 3:22 pm

She clearly has either ILE or ILR (thanks Lucapooka) - and her father did indeed have right to work in UK - as we posted no info about her father I don't know where Ayyubi72 got this from "[i]Father never got permission to work, so that proves he never got any immigration permission to live legally in UK. "[/i] You have assumed, on no grounds whatsoever, that her father was here illegally. He was not. He moved here with his British (2nd) wife and had work permit. How can you state what you did when we gave no such info ?

Thanks again to Lucapooka and D4109125 for your useful info and sorry for the drip-feed from here - been working it out and searching for info as we went along in response to your replies.

Post by **Lucapooka** » Sat Jun 15, 2013 3:23 pm

So, she can apply for BC now, or at the very least, apply for a transfer of conditions of her status to her new passport, or apply for a BRP if that is issued in such circumstances.

ThomPayne · Post by **ThomPayne** » Sat Jun 15, 2013 3:25 pm

Thanks Lucapooka - you've been a great help in this, much appreciated.

Ayyubi72 · Post by **Ayyubi72** » Sat Jun 15, 2013 5:40 pm

ThomPayne wrote:It is no longer known/remembered what entry right existed, only that it was of a limited duration. However it is known that a British relative (not a parent tho') gained some form of permission for her to work in the UK (this in the early 70s). This is all that is known regarding entry.

The point re continuous residency is interesting as her residency has been un-interrupted.

Thanks for the replies so far folks.

I said what I said after reading your above post, and before you made another post about her ILR. After knowing that you have proof of her ILR, I deleted my post.

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Citizenship of spouse

Citizenship of spouse