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Irish born in Uk: Claim UK nationality/passport?

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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ddavvd
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Posts: 1
Joined: Sat Jun 25, 2016 12:24 am

Irish born in Uk: Claim UK nationality/passport?

Post by ddavvd » Sat Jun 25, 2016 12:29 am

I am an Irish national born in the United Kingdom to Irish parents in 1991 who were living and working in the UK at this time. My belief is that I am a natural born UK citizen by birth given that my parents had the ride to settle in the UK at my time of birth because Irish citizens are automatically given the right to settle in the UK.

Is this belief correct and can I therefore successfully apply for a UK passport online?

According to the uk.gov:

If you were born in the UK on or after 1 January 1983
You don’t automatically get British citizenship if you were born in the UK.

If you were born on or after 1 January 1983, you’ll be a British citizen if your mother or father was either:

a British citizen when you were born
‘settled’ in the UK when you were born


Since my parents weren't British citizens, but as Irish citizens who are automatically given the right to abode, my parents technically had the right to abode when I was born and their UK address and occupations are reflected on my birth cert.

I think I'm right on the law, I'm just wondering if anyone can confirm this from experience before I spend 100 GBP on a new passport??

vinny
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Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Irish born in Uk: Claim UK nationality/passport?

Post by vinny » Sat Jun 25, 2016 12:36 am

Perhaps not technically had the right of abode, but more as settled.

You should be able to apply for a British passport.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

secret.simon
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Posts: 11260
Joined: Thu Feb 21, 2013 9:29 pm

Re: Irish born in Uk: Claim UK nationality/passport?

Post by secret.simon » Sat Jun 25, 2016 12:37 pm

Passport policy - Immigration and Right of Abode
Irish citizens are not subject to restrictions when they travel to the United Kingdom. In order for their child to gain British nationality, they would have to be considered as resident here in order to fulfil the requirements of the Act.

Irish citizens may be automatically accepted as settled for the purpose of section (1)(1)(b) unless there is clear evidence to the contrary. For example, if staff were advised that the parent was on a short visit to the UK, or that long periods of residence had been spent outside the UK, it would be appropriate to ask the applicant for further clarification.

Following the introduction of the full birth certificate policy, it will now be necessary to be satisfied that the parent is an Irish citizen. In the absence of an Irish passport, the parent’s birth certificate confirming birth in the Irish Republic before 1 Jan 2005 will be required, together with the parents' marriage certificate if status is obtained through the father.
Section 1(1) of the British Nationality Act 1981 states that children born to a person settled in the UK is a British citizen.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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