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child born after 1983 to overseas british parent

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

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amanda1
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child born after 1983 to overseas british parent

Post by amanda1 » Mon Jun 27, 2016 5:59 pm

Hi, I am need of information regarding acquiring british citizenship. I was born in 1985 abroad to a mother who was an overseas British citizen at the time. My brother was born in 1981. My sister in 1986. My brother is settled back home, no plans to move here to the Uk. My sister is married to a British citizen and already settled here.
It's only me who is need to acquire British citizenship. I'm married and here on a dependent visa, my husband has a tier 1 entrepreneur visa.
My mother was born in1954 and brought up in Kenya which was a British colony at that time. She was an British overseas citizen. But in 2009 she got herself registered into a British citizen.
I am wanting to acquire British nationality through my mother, what route may I take?

noajthan
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Re: child born after 1983 to overseas british parent

Post by noajthan » Mon Jun 27, 2016 6:07 pm

There may be something of relevance in this case:
http://www.immigrationboards.com/britis ... 11752.html

Otherwise stand by for the colonies/CUKC experts to come online.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

amanda1
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Re: child born after 1983 to overseas british parent

Post by amanda1 » Sat Jul 02, 2016 10:44 am

Thanks for your quick reply, my case seems quite unique. Still trying to get some answers. Any website that would help which such cases?

amanda1
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Nationality Laws for children over 18 born to British parent

Post by amanda1 » Sat Jul 02, 2016 11:11 am

Hi, I am well above 18, I was born in 1985. At the time of my birth my mother was an overseas British, but now a citizen. What chances do I have to getting a nationality?

secret.simon
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Re: child born after 1983 to overseas british parent

Post by secret.simon » Sat Jul 02, 2016 12:53 pm

We will need to know more details to advise you.

a) Details of your father - where and when was he born, what citizenship did he hold at the time of your birth?
b) Were your parents married at the time of your birth?
c) Same details as (a) for yourself
d) What citizenships have you had since birth?

What documentary proof do you have of all the above?
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.

amanda1
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Re: child born after 1983 to overseas british parent

Post by amanda1 » Sat Jul 02, 2016 1:49 pm

yes certainly.
My father is Pakistani, born and bred there, and holds a Pakistani passport till date.
My mother was born and bred in Kenya when it was a UK colony, my grandparents were overseas citizens. My mother too due to her birth.
My mother got married in Pakistan and moved there.
I was born in 1985 in Pakistan, and my mother was a British overseas citizen at the time.
I've lived there all my life and am a Pakistani.
She gets registered in 2009 as British citizen.
I got married in 2012.
I as a dependent with my husband have moved here to the UK, my mom is here too. I've been here for 1.5 yrs now.
Last edited by amanda1 on Sat Jul 02, 2016 1:56 pm, edited 2 times in total.

amanda1
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Re: child born after 1983 to overseas british parent

Post by amanda1 » Sat Jul 02, 2016 1:51 pm

My parents were married at the time of my birth and still are.
I have a Pakistani passport, have always been a Pakistani.

secret.simon
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Re: child born after 1983 to overseas british parent

Post by secret.simon » Sat Jul 02, 2016 2:14 pm

Were either of your mother's parents born in the UK (not including the colonies, but including Ireland before 1922)?

Only British Overseas citizens who do not and have not held any other citizenship in the past are eligible to register for British citizenship.

Also, British Overseas citizenship could not be passed on to children unless they were otherwise rendered stateless.

Pakistan is one of the few countries in the Old World to offer unconditional jus soli citizenship and hence, as you mentioned, you are a Pakistani citizen by birth.

So, you never were a British Overseas citizen and even if you were, would not be eligible for British citizenship through your mother.

The only path you would have is through the normal naturalisation route (ILR, good character, 3/5 years of residence in the UK, etc).
amanda1 wrote:I got married in 2012.
I as a dependent with my husband have moved here to the UK, my mom is here too. I've been here for 1.5 yrs now.
What is your husband's immigration status in the UK?
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.

Petaltop
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Re: child born after 1983 to overseas british parent

Post by Petaltop » Sat Jul 02, 2016 2:50 pm

secret.simon wrote: What is your husband's immigration status in the UK?
T1 E
amanda1 wrote: I'm married and here on a dependent visa, my husband has a tier 1 entrepreneur visa.

secret.simon
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Re: child born after 1983 to overseas british parent

Post by secret.simon » Sat Jul 02, 2016 2:56 pm

Petaltop wrote:
secret.simon wrote:What is your husband's immigration status in the UK?
T1 E
amanda1 wrote: I'm married and here on a dependent visa, my husband has a tier 1 entrepreneur visa.
Missed that. Thanks, PetalTop.

To the OP, as mentioned above, the fastest route to British citizenship would be as your spouse's dependent, not through your mother.
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.

amanda1
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Re: child born after 1983 to overseas british parent

Post by amanda1 » Mon Jul 04, 2016 1:59 pm

thanks for the information.
My husband did his masters and then worked on post study visa, and now since 1.75 years on T1 E visa. How many years maybe left before he can apply for ILR?

amanda1
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Re: child born after 1983 to overseas british parent

Post by amanda1 » Tue Jul 05, 2016 11:44 am

My mother's never had any other nationality, that is how she was able to register as a British citizen. She living here in the UK, and me too.
Any options I have to gaining nationality through her?
WE don't want to follow the 5yr naturalization route.

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CR001
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Re: child born after 1983 to overseas british parent

Post by CR001 » Tue Jul 05, 2016 12:00 pm

How long has your husband been in the UK?

How long have you been in the UK?

Even if you got BC through your mother, it wouldn't benefit your husband.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

amanda1
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Re: child born after 1983 to overseas british parent

Post by amanda1 » Fri Jul 08, 2016 10:39 am

Hi CR001,
you said, 'Even if you got BC through your mother..'
how may that be possible, I'm ready for the process, no matter how long it may be.
Please advice me on all possible choices I may have.

amanda1
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Laws for children to British overseas parents

Post by amanda1 » Fri Jul 08, 2016 12:09 pm

What rights can children enjoy who were born to parents who were overseas citizens at the time of their birth but later got registered to fully fledged British citizenship. What rights can they inherit from their now British citizen parents?

amanda1
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Re: Laws for children to British overseas parents

Post by amanda1 » Fri Jul 08, 2016 12:10 pm

rights interms of having the right to live and settle in the Uk.

noajthan
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Re: Laws for children to British overseas parents

Post by noajthan » Fri Jul 08, 2016 3:01 pm

amanda1 wrote:What rights can children enjoy who were born to parents who were overseas citizens at the time of their birth but later got registered to fully fledged British citizenship. What rights can they inherit from their now British citizen parents?
Assuming child born abroad from UK.
None. Why would they inherit rights from someone who happened to become British later?
All that is gold does not glitter; Not all those who wander are lost. E&OE.

amanda1
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Re: child born after 1983 to overseas british parent

Post by amanda1 » Mon Jul 11, 2016 11:04 am

So you're saying that British overseas are not considered as british? Please clear me out. I'm learning alot of new things I thought were the other way round.

noajthan
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Re: child born after 1983 to overseas british parent

Post by noajthan » Mon Jul 11, 2016 11:20 am

amanda1 wrote:So you're saying that British overseas are not considered as british? Please clear me out. I'm learning alot of new things I thought were the other way round.
No, I asked why would someone expect to inherit direct rights from someone (parent) who became naturalised as British later than their birth.

But BOCs do seem to have less rights than British citizens other than by descent (eg naturalised citizens).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Re: child born after 1983 to overseas british parent

Post by ohara » Mon Jul 11, 2016 8:20 pm

noajthan wrote:
amanda1 wrote:So you're saying that British overseas are not considered as british? Please clear me out. I'm learning alot of new things I thought were the other way round.
No, I asked why would someone expect to inherit direct rights from someone (parent) who became naturalised as British later than their birth.

But BOCs do seem to have less rights than British citizens other than by descent (eg naturalised citizens).
It seems the advantages of British overseas citizenship are few and far between. Interestingly, British passport holders are not able to use the US visa waiver program if they have any type of British nationality other than British citizen.

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