British born, wasn't registered before 18 - just found out I'm not officially a citizen

[glassyt]

I was born in the UK and until recently believed I was a British citizen by birth - however, when I tried to get my passport HMPO directed me to register as a citizen first. However, I am now over the age of 18, therefore outside of the age range for form MN1.

Is there any other way I can register my British citizenship? Are there advisers who specialise in this sort of case?

Timeline:
1. Born in UK after 1983. At the time of my birth, parents had settled there (had lived in the UK for 7-8 years before my birth, completed degrees, married, practicing medicine, etc) however their passport Leave to Remain stamps were dated, not ILR, at the time.
2. Parents received ILR after my birth. They did not register me as a citizen at the time, as the official told them I was "automatically a citizen due to being born in the UK". They seem to have been incorrectly advised.
3. Moved to Canada before age 10. Obtained Canadian citizenship.
4. Returned to UK frequently but spent >90 days outside of UK per year under age 10. Can't use form T.
5. Exceeded age 18. Applied for UK passport but it was rejected - was told I needed to register for citizenship first.

I'd appreciate any advice you may have, or possible leads to get help. The thought of not being able to return to my homeland because of missed paperwork. . . that'd be a real shame.

[vinny]

4. On what basis were you frenquently returning to the UK?

[glassyt]

4. On what basis were you frenquently returning to the UK?

When my family initially moved to Canada, it was meant to be a temporary placement for my dad's work. So my mother and I went home to check on our house and be with family in the UK fairly often. It was only later that my parents decided to stay in Canada long-term. They had no idea it would impact my British citizenship status, since they were led to believe I was already a citizen by birth.

[vinny]

What documents did you use when entering the UK?

[glassyt]

As a child, I travelled on my mother's (non-British) passport. She had ILR by then. We used to also carry my British birth certificate as further proof of identity.

When I obtained Canadian citizenship years later, I got my own Canadian passport and travelled using that.

[vinny]

So, it seems that you always entered as a visitor?

[Tea_Rocket]

glassyt, what country do you live in now?

You mention you have family in the UK—were any of your grandparents UK citizens, by any chance?

[CR001]

glassyt, what country do you live in now?

You mention you have family in the UK—were any of your grandparents UK citizens, by any chance?

The OP has already stated they live in Canada and that his parents had ILR.

[glassyt]

So, it seems that you always entered as a visitor?

I'm not sure what you mean by enter? The UK is my home country. I was born there, not a visitor.

When I travelled to Canada and subsequently re-entered the UK from Canada as a child, I used my birth certificate and attachment to my then-UK-settled mother's passport as identification.

[vinny]

As you used foreign passports to enter the UK, what were the Immigration Officer's endorsement on them?

What were the UK Immigration Officer's endorsements on your Canadian passport?

[JAJ]

Based on the facts given, it's not clear how there could be any claim to British citizenship. Perhaps the questions asked are intended to elucidate if perhaps you might have a permanent resident status (ILR) that's not been lost or revoked although that appears unlikely.

Did you parents never apply for you to have a British passport when you were a child?

Nationality guidance- page 10- has a discussion of the excess absences that are normally allowable for Form T:
https://www.gov.uk/government/uploads/s ... 2.0EXT.pdf

Although, it's always possible that there's an additional fact unspoken that could be critical to the process. Examples include:
- Are you sure of when your parents were granted ILR?
- Is there anything in their ancestry that could lead to one of them unknowingly having been a British citizen all along. Any ancestry back to the U.K. and/or British colonies or territories.
- If by some chance you were born in Northern Ireland (assuming- before 2005) then it wouldn't allow you to become British but it would mean you have Irish citizenship.

[vinny]

Based on the facts given, it's not clear how there could be any claim to British citizenship. Perhaps the questions asked are intended to elucidate if perhaps you might have a permanent resident status (ILR) that's not been lost or revoked although that appears unlikely.

I was also curious. Didn't the Immigration Officers' endorsements alert the OP of his lack of British citizenship?

[glassyt]

Based on the facts given, it's not clear how there could be any claim to British citizenship. Perhaps the questions asked are intended to elucidate if perhaps you might have a permanent resident status (ILR) that's not been lost or revoked although that appears unlikely.

Did you parents never apply for you to have a British passport when you were a child?

My parents had asked the officials to register me as a citizen as an infant, but were told that it wasn't necessary since I was already a British citizen by birth.

At the time, it was common for children to travel on a parent's passport and that's what happened with me. It never occurred to them to apply for a separate British passport for me as an infant/child because I wouldn't be travelling without a parent anyway.

From the information on the official website, it's clear I was indeed entitled to British citizenship but the problem is I wasn't aware of the requirement to register before age 18 - because I had been led to believe I already had citizenship. I am wondering if there is any recourse to register after 18 under the extenuating circumstance of the British official misadvising my parents? If they had been allowed to register me when they rightly tried to do so all those years ago, I would certainly have proof of citizenship today.

I am wondering if there is further official documentation of the policy other than what is on the website, which I understand is simplified for easier understanding? Or some way I can make a case with the citizenship office?

[glassyt]

As you used foreign passports to enter the UK, what were the Immigration Officer's endorsement on them?

What were the UK Immigration Officer's endorsements on your Canadian passport?

My brother was born in Canada so whenever we travelled after his birth we all used Canadian passports - otherwise we wouldn't have been able to stay together as a family in the border lines at the airport. And I suppose they didn't see the point of paying for my to have my British passport as well, since I wouldn't be travelling on it and money was tight.

My mother kept all our passports, and as a kid I probably wouldn't have understood the significance of what I was looking at re: endorsement stamps at the time - like most kids, I didn't have consciousness of the finer points of immigration! All I knew was that I was born in England, which was where my parents had been settled for many years, and that the official had assured my parents that I was a British citizen by birth. So naturally I wasn't exactly looking for signs that I wasn't. It was a huge shock to recently discover that that doesn't seem to be the case!

My experience using my Canadian passport to travel to the UK didn't seem strange because it was consistent with the experiences of my other family members who are also dual citizens: airport immigration officers treat you as a citizen of whichever country's passport you present at the time. There's no "dual citizen line" at the airport - you just pick the queue for whichever passport you want to use. I have often had UK immigration officers see that England is my place of birth and say, "Welcome home!" etc. But they never made it seem like an uncommon occurrence to be traveling on a different country's passport - they probably see that quite often with plenty of dual citizens and ex-pats.

[vinny]

A British citizen cannot be subject to leave to enter/remain.

If an Immigration Officer had granted you leave to enter, then s/he didn't consider you as a Dual UK citizen.

[JAJ]

My parents had asked the officials to register me as a citizen as an infant, but were told that it wasn't necessary since I was already a British citizen by birth.

What exactly is meant by "asked the officials"? Was an application sent to the Home Office for you to be registered as a British citizen?

[glassyt]

A British citizen cannot be subject to leave to enter/remain.

If an Immigration Officer had granted you leave to enter, then s/he didn't consider you as a Dual UK citizen.

No, it was my parents who had ILR, not me.

If you meant at the airport, Commonwealth citizens including Canadians don't need a leave to enter stamp, either. And when traveling to the UK on my Canadian passport I'd just go in the foreign passports line and expect to be dealt with as a Canadian for that particular processing. I don't think there are special provisions for dual citizens, as far as I'm aware? They just treat you as whatever passport you present at the time.

https://en.m.wikipedia.org/wiki/Leave_to_enter

[glassyt]

My parents had asked the officials to register me as a citizen as an infant, but were told that it wasn't necessary since I was already a British citizen by birth.

What exactly is meant by "asked the officials"? Was an application sent to the Home Office for you to be registered as a British citizen?

Yes, exactly. They tried to make the application for me, but it was refused because they were told it was unnecessary (!)

This was before the spread of the internet, so they had nothing to go on but what they were told by Home Office officials.

[vinny]

Yes, exactly. They tried to make the application for me, but it was refused because they were told it was unnecessary (!)

Was the refusal in writing?

[glassyt]

Yes, exactly. They tried to make the application for me, but it was refused because they were told it was unnecessary (!)

Was the refusal in writing?

I'll have to ask my mum. I rather doubt she still has it because we brought very little with us when moving. I wonder if Home Office would have a record of it on their end.

[CMOSUK]

I was born in the UK and until recently believed I was a British citizen by birth - however, when I tried to get my passport HMPO directed me to register as a citizen first. However, I am now over the age of 18, therefore outside of the age range for form MN1.

Is there any other way I can register my British citizenship? Are there advisers who specialise in this sort of case?

Timeline:
1. Born in UK after 1983. At the time of my birth, parents had settled there (had lived in the UK for 7-8 years before my birth, completed degrees, married, practicing medicine, etc) however their passport Leave to Remain stamps were dated, not ILR, at the time.
2. Parents received ILR after my birth. They did not register me as a citizen at the time, as the official told them I was "automatically a citizen due to being born in the UK". They seem to have been incorrectly advised.
3. Moved to Canada before age 10. Obtained Canadian citizenship.
4. Returned to UK frequently but spent >90 days outside of UK per year under age 10. Can't use form T.
5. Exceeded age 18. Applied for UK passport but it was rejected - was told I needed to register for citizenship first.

I'd appreciate any advice you may have, or possible leads to get help. The thought of not being able to return to my homeland because of missed paperwork. . . that'd be a real shame.

Also look Into whether you have a document that the hospital may have given at the time of your birth, usually around that time hospitals although they didn't register your birth they gave you a document to confirm your birth, date, time and the mothers name on it. I forgot the name of that document but it wasn't a birth certificate. Normally you would have to have given that do u to the birth registry office and they could then officially register into a birth certificate for you.

This was the case for me and my sister and brother when we applied for out first passports in 2005, we didn't have full birth certificates.

Also it should be noted that you rramaily GP would have been informed as well.

Hope this helps.

[JAJ]

Also look Into whether you have a document that the hospital may have given at the time of your birth, usually around that time hospitals although they didn't register your birth they gave you a document to confirm your birth, date, time and the mothers name on it. I forgot the name of that document but it wasn't a birth certificate. Normally you would have to have given that do u to the birth registry office and they could then officially register into a birth certificate for you.

This was the case for me and my sister and brother when we applied for out first passports in 2005, we didn't have full birth certificates.

Also it should be noted that you rramaily GP would have been informed as well.

Hope this helps.

Unfortunately- probably doesn't help. I don't think there is any issue with proving the circumstances of the individual's birth in the United Kingdom. The problem is that an entitlement to registration as a British citizen arose subsequent to birth but expired at age 18.

Was the refusal in writing?

I'll have to ask my mum. I rather doubt she still has it because we brought very little with us when moving. I wonder if Home Office would have a record of it on their end.

Realistically- unlikely, but you could try a Subject Access Request.
https://www.gov.uk/government/publicati ... mmigration

The Home Office does not have a good reputation for record keeping and often is unable to find actual files with person's immigration or nationality status. It's a lot less likely that they will be able to locate a letter that may have been written sometime in the mid to late 1980s. But you never know.

Did your parents never consider becoming naturalised British citizens?