Looking to Study/Work in the UK

[swoonpappy]

Hope this isn’t the wrong place for this but as the title suggests, I’m looking into completing my masters in the UK with the goal of hopefully living there afterwards.

What makes my situation potentially unique is that I believe I have a legitimate claim to British citizenship. Some background:
• Father born in the UK before 1983 to a British Mother and Non-British Father
• Father moved to Canada when he was 1, never obtained a British passport (don’t think this matters)
• I was born (through wedlock) in Canada in 1989 and I’m currently a Canadian citizen
Due to the above I received a free British Passport Review that indicated that I have a standard claim for British Nationality.

This brings me to my question:
What is the best route to go about studying in the UK with the goal of living there afterwards?

From what I’ve read, it appears my options are:
1) Apply for a Tier 4 Student Visa. Would have to pay non-EU fees for any tuition. This might be the easiest option for the time being although I would then have to apply for a work visa upon my completion
2) Apply for a British Passport. I’m assuming that I would be granted citizenship through this process. According to my BPR review, I may have to take an interview and submit my Father’s birth certificate and marriage license – can anyone confirm this?
3) Apply for an Ancestry Visa. It’s not clear from the website if this would allow me to travel but it would allow me to work in the UK for up to 5 years.
4) Apply for UK Residence. Again, it isn’t clear whether this would allow me to study while I’m in the UK but I ‘m thinking that it would? I’m not sure if I’m qualified to apply for this directly or not. I assume that this option would allow me to pay EU tuition fees.

One other piece of information that might affect my decision is that I’m looking to start school in September. Most of these applications appear to take ~ 3 months but I’m thinking that applying for the passport may take longer?

Thanks all for taking the time to read my plight. Any advice you can provide me with would be greatly appreciated.

[CR001]

3) Apply for an Ancestry Visa. It’s not clear from the website if this would allow me to travel but it would allow me to work in the UK for up to 5 years.
4) Apply for UK Residence. Again, it isn’t clear whether this would allow me to study while I’m in the UK but I ‘m thinking that it would? I’m not sure if I’m qualified to apply for this directly or not. I assume that this option would allow me to pay EU tuition fees.

This would be your bet options IF you don't apply for a British passport if you are British by Descent. On an ancestry visa, you will still pay International fees to study. You would be allowed to study, but Ancestry is a work visa and you are required to work. You can apply for this directly if you have all the birth and marriage certs claiming the ancestry through your grandmother.

[secret.simon]

Father born in the UK before 1983

Your father was a British citizen otherwise than by descent and hence, as you mentioned you were born in wedlock, you are automatically a British citizen by descent. In theory, as you are a British citizen, you are ineligible for a visa (as by definition a British citizen does not require leave/permission to reside in the UK).

You can choose to either
a) apply for a British passport abroad. Reports on these forums suggest that in the Indian sub-continent, such applications take between six months and a year.
b) apply for a CoE-RoA in your Canadian passport. It takes between six and sixteen weeks, so faster, but costlier (£321 vs £102.86 for an overseas British passport).
c) come to the UK and apply for a British passport within the UK. That should be faster, but not sure by how much.

You will be expected to attend an interview for a first British passport, which is standard practice for all applicants of a first British passport.

Regarding your student fees, even if you prove that you are a British citizen, you will still be charged as an overseas student. You need to have been resident in the UK for three years before the first day of your course to qualify as a home student. See the UKCISA website for more details of the fee structure.

[swoonpappy]

Thanks both of you for your responses. I didn't realize that I was already technically a British Citizen. Due to this, it would make a lot of sense that I shouldn't really be applying for a Visa.

Looking at the options you presented Simon, I've done a little research and apparently applying for a British passport in Canada is a bit more efficient than the Indian subcontinent. I'm sure Canada being a commonwealth country and our courier services being more competent contributes to this.

The right to Abode appears to be something that I would get once I was actually in the UK as my Canadian passport would require immigration stamps to prove that I'm living in the UK.

Based on the above, I think it probably makes more sense to start putting together documentation for a British Passport. The interview part of the process kind of scares me but I don't have any prior convictions or any immigration "red flags" (at least that I'm aware of) so hopefully that part will be alright.

Regarding tuition - definitely a bummer but not a deal breaker as I had looked into this before even considering applying for citizenship.

Let me know if you have any other comments, otherwise thanks again.

[CR001]

The interview is mainly to confirm your identity and the questions will be about things only you should know. Link below contains information and links to the types of questions asked.

british-citizenship/passport-interview- ... 64893.html

A point to note, India is also part of the commonwealth. The reason things take longer there is likely due to a history of abuse of the visa system and non genuine paperwork etc. (same for a few countries also in the Commonwealth, i.e. Kenya, Nigeria, Pakistan, South Africa, etc).

[secret.simon]

I'm sure Canada being a commonwealth country and our courier services being more competent contributes to this.

A point to note, India is also part of the commonwealth.

I think the OP meant either that Canada was a part of the Old Commonwealth or was a Commonwealth Realm.

The right to Abode appears to be something that I would get once I was actually in the UK as my Canadian passport would require immigration stamps to prove that I'm living in the UK.

You can apply for a CoE-RoA from outside the UK. You do not need immigration stamps for it. As a British citizen, you automatically have the Right of Abode in the UK.

The documentation required for both a CoE-RoA and a British Passport will be practically the same. That is because in both cases, you need to prove that you are a British citizen by descent because;
a) your father was a British citizen otherwise than by descent.
b) you are your father's child
c) your parents were married at the time of your birth (or later on).

So, the proof that you need (for both CoE-RoA and British passport) are
a) your father's British birth certificate
b) your Canadian birth certificate
c) your parents marriage certificate

Two quick things to note:
- If you get a British passport, you can not apply for a CoE-RoA. If you have a CoE-RoA, you can apply for a British passport.
- CoE-RoA is only valid for the life of your foreign passport (as it is stamped into your non-British passport). So, if you plan to go down that route, have a fresh or relatively recent Canadian passport.

The interview part of the process kind of scares me but I don't have any prior convictions or any immigration "red flags" (at least that I'm aware of) so hopefully that part will be alright.

Remember that this is not an immigration interview. You are already a British citizen by action of the law. As CR001 has mentioned, it is to verify that you are who you say you are. It is an identity check, not an immigration interview.