Question regarding settled status records circa 1980

[dk3841]

My mother was granted settled status in the UK in October 1978. She was at the time married to my father, a German citizen when I was born in England, in 1984 - after the 1983 law change but nonetheless - making me a British citizen under the new law. I have always lived here in the UK.

While applying for my first UK passport now (I am 29), I am asked to show documentary evidence that my mother had settled status when I was born (she no longer has her old passport with the first 'indefinite leave to remain' stamp). Having written to the Managed Migration Directorate (and the UK Border Agency at Lunar House), as directed by a leaflet specifically relating to my exact situation, been told that they don't have record of it as it was 'too long ago'.

Is it even possible that the record they have of her settled status (which I know they have, as in 2009 she was readily given a new ILR stamp in a replacement passport for one which she lost) does not have - the seemingly important - information of date that ILR was first issued? One reply from the MMD told me to write to the National Archives for the record without any other details. What can I do?

TLDR who holds settled status records? would they not have in them the date they were first issued?

[JAJ]

Recommended to use form NS to apply to the Home Office for a certificate of British nationality.
http://www.ukba.homeoffice.gov.uk/briti ... tionality/

Include copies of all information relevant to your mother that is available. It is unfortunate that she did not keep good records of her own of when her settled status was issued (information like this is critically important and should be treated with great care), take that as a lesson for yourself for the future.

Also - since you were born in 1984, your father as a German citizen was considered "settled" in the United Kingdom under the immigration laws at the time. Read the Home Office document "European Economic Area and Swiss Nationals" at:
http://www.ukba.homeoffice.gov.uk/sitec ... ec2gensec/

If you cannot find any evidence to show either the Home Office, or failing that, the courts, that you acquired British citizenship at birth then you will have to complete the Form T process to apply for British citizenship based on your U.K. birth and having spent the first 10 years of your life in the United Kingdom.

Have you considered applying for a German passport? It is possible to have dual German/British nationality. You may also possess whatever nationality your mother has.

[Amber]

My grandmother and my mother moved to the UK in 1978, both having been born in Colombia and being Colombian nationals. My grandmother married a British man in 1978 and gained and has since then held British citizenship. My mother has only had settled status since then. Could she now claim British citizenship through my grandmother?

No. Acquiring citizenship by a parent doesn't automatically make existing children citizens as well. An application for citizenship is required to be made.

She can probably apply for naturalisation based on the current status (assuming she is still living in the UK).

[dk3841]

Thank you to amber, JAJ and Jambo for answers and info

One more question: My mother applying for citizenship by naturalisation and she told me when reading about it that it says that having declared bankruptcy affects a naturalisation application negatively. She has never declared bankruptcy but would having had a debt relief order affect her application? And aside from this is bankruptcy a total block to naturalisation?

[Amber]

See, British Citizenship – Good Character Requirement FAQs (click)Questions 15 onward.

[dk3841]

My mum is applying to naturalise, she has read through some literature which talks about declaring things in a person's history such as bankruptcy and insolvency. Does or should she have to declare a Debt Relief order?

[Amber]

See, DRO and naturalisation - need to declare? (click)

[JAJ]

Thank you to amber, JAJ and Jambo for answers and info

So, out of interest, what was the outcome to your situation? Did you get a British passport, did you apply via Form T, or did you manage to obtain a German passport? Or both British and German?

[dk3841]

To JAJ

Sorry I didn't answer, I missed the email notification. I have german citizenship already, have done since I was born; my issue was wanting to cement my british citizenship, which I have technically, only without the evidence in my hands. Rather than applying by form T, I want to go through the settlement route for a personal reason.

I looked at the document you linked to and I think I found the paragraph you were referring to, the one beginning "Evidence that the person concerned was exercising any description of EEA free movement right..."

My interpretation of this is that any document showing his presence alone in any form in the UK is evidence that he had settled status. (strikes me as odd as this makes it sound like any EU holidayers would be 'settled' if they had a stamp in their passport or flight tickets). I thought this could be shown through his NHS record or HMRC record, or that my mother's NHS record could do it, as she was, though a Colombian national, granted Indefinite Leave to Remain well before I was born. However, in the case of my father, I spoke to someone at the IPS and they said I need evidence that he was here for six months and self sufficient. Direct contradiction to the EEA and Swiss nationals document.

He also said that an NHS record would not constitute evidence, so I wouldn't be able to get it through my mum or dad, who were registered on the NHS before I was born. He added that only a document confirming the granting of settled status to either of them would do it. Trouble is I wouldn't know where to check whether he was right or not as I don't know where I could see with certainty what is accepted as supporting evidence.

[JAJ]

However, in the case of my father, I spoke to someone at the IPS and they said I need evidence that he was here for six months and self sufficient. Direct contradiction to the EEA and Swiss nationals document.

He also said that an NHS record would not constitute evidence, so I wouldn't be able to get it through my mum or dad, who were registered on the NHS before I was born. He added that only a document confirming the granting of settled status to either of them would do it. Trouble is I wouldn't know where to check whether he was right or not as I don't know where I could see with certainty what is accepted as supporting evidence.

You should not be talking to the Passport Office. The correct approach is to apply for a certificate of British nationality status from the Home Office. Use form NS and pay the appropriate fee.

If the Home Office issue you a status certificate confirming that you are already British (and they should do, based on the facts posted), this will be accepted by the Passport Office without any further questions.

[FighterBoy]

Wonder how many hundreds of thousands are in this situation, having to prove a parent settled even though records aren't kept after 10-15 years by the Home Office.

I think given the Home Office's behavior/bureaucracy/prejudice in recent history, going to court is more fruitful. The question is how does one file for declaration?

[FighterBoy]

However, in the case of my father, I spoke to someone at the IPS and they said I need evidence that he was here for six months and self sufficient. Direct contradiction to the EEA and Swiss nationals document.

He also said that an NHS record would not constitute evidence, so I wouldn't be able to get it through my mum or dad, who were registered on the NHS before I was born. He added that only a document confirming the granting of settled status to either of them would do it. Trouble is I wouldn't know where to check whether he was right or not as I don't know where I could see with certainty what is accepted as supporting evidence.

You should not be talking to the Passport Office. The correct approach is to apply for a certificate of British nationality status from the Home Office. Use form NS and pay the appropriate fee.

If the Home Office issue you a status certificate confirming that you are already British (and they should do, based on the facts posted), this will be accepted by the Passport Office without any further questions.

With all due respect you keep giving these standard replies to such threads, ignoring the fact the OP needs ways to gather evidence first, since the Home Office destroy records. An NS application without any evidence and in hope, is a waste of money.

I'd be interested to know about the process of filing for a court declaration, since you mentioned it. I'm surprised most don't do this first to bypass dealing with the Home Office, who are against applicants, unlike the Court's more neutral stance.

[CR001]

Why are you reviving a 3 year old thread, with some members who are no longer active.