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Applying for first British Passport from outside U.K at age 59

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

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vineetg84
Newly Registered
Posts: 1
Joined: Mon Mar 12, 2018 11:23 am
India

Applying for first British Passport from outside U.K at age 59

Post by vineetg84 » Mon Mar 12, 2018 11:55 am

Dear Members,
My Father was born in Bradford (U.K) on 5th August 1958.At the time of his birth my Grandfather had a British Passport as he was working in the U.K. and my Grandmother had an Indian Passport

When my father was around 3 years old my grandparents had shifted back to India along with my father.
My Grandfather had surrendered his British Passport once he moved to India and held an Indian Passport.

My father has been living in India ever since,as well as my grandparents.My both grandparents have passed away.
My father now 59 years old wishes to apply for a British Passport.My query are as follows
1.Is he eligible to apply for the British Passport.He is holding an Indian Passport and has been once to the U.K. in the year 1999 on a tourist visa.His Indian passport is about to expire in June 2018.So is eligible to apply for the U.K. Passport from India?

2.I have been to the U.K. Govt website and i have checked the eligibility.They have just mentioned the documents such as
a) my fathers birth certificate(available),his Indian Passport(available)
b) passports of Grandparents,(available)
c) Grandparents marriage certificate (Not Available)

3.If my father gets a British Passport,will my mother and myself be eligible to apply for a British Passport?
My fathers sister lives in India.But she too was born in the U.K. at the same time as my father and she has got her U.K. Passport( this was 18 years ago) and she has two adult children(both of them too have got the U.K.Passport

4.I am a married man and have one minor child of 5 years old.Will she too be eligible to get a U.K. Passport?

Awaiting your reply,
Thanks

secret.simon
Moderator
Posts: 11261
Joined: Thu Feb 21, 2013 9:29 pm

Re: Applying for first British Passport from outside U.K at age 59

Post by secret.simon » Mon Mar 12, 2018 12:11 pm

Because your father was born in the UK before 1983, he is a British citizen by birth and therefore can apply for a British passport directly.

He will need his British birth certificate and his current Indian passport. I do not think you need documents relating to your grandfather as your father's British citizenship was based on his birth in the UK, the nationality of the grandparents at that time being irrelevant. For instance, one of my work colleagues is a British citizen because his Nigerian parents were in the UK on a student visa when he was born (before 1983), even though his parents than returned to Nigeria after studies.

When did your mother marry your father? Is she an Indian citizen? She is not eligible for British citizenship just because she is married to a British citizen. If she wishes to live in the UK, your father will likely need to earn atleast £18,600pa in the UK to sponsor her on a spousal visa.

As he was a British citizen by birth, his children born abroad are also British citizens by descent. Therefore, you and your siblings can also apply for British passports directly.

However, British citizens by descent cannot pass on their citizenship to their children born abroad. So, your daughter is not a British citizen and cannot apply for a British passport.

If she is younger than 15, then if you move to the UK with her and the other parent and she resides in the UK for three years with you and the other parent, then she can be registered as a British citizen. However, she will only be able to pass on her British citizenship if her children are born in the UK as well.

If you move to the UK, you will need to be earning atleast £22,400 per annum, to sponsor your wife and child to the UK. Your daughter's immigration status will be in-line with that of your wife (the less-privileged parent), not you.
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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