British Passport Eligibility

[darshandinesh]

My father was born in the UK in 1965 to Indian parents. He stayed there in the UK till he was 5 Years old. He returned back to India on his mother’s passport having never acquired a British passport.

He then married my mother in 1992 and I was later born in 1993. Me and and father currently hold Indian passports. I am currently in the UK on a tier 4 student visa valid till the the end of March 2021.

Am I eligible for a British passport?
can I apply for a passport without my father applying for one before myself?

My family has in their possession my fathers birth certificate, my parents marriage certificate and my birth certificate.

Would I need further documents to prove my claim?

[CR001]

On what basis were his parents in the UK, ie visa type etc?

[darshandinesh]

I am not exactly sure on what visa his parents came to the UK. His father came here to complete his postgraduate studies and after that worked here in the UK as a doctor till they went back to the UK.

But, doesn’t the fact my father was born in the UK before 1983 make him a British citizen automatically?

[darshandinesh]

*went back to india

[CR001]

I asked the question as they could have been here as diplomats, where different rules apply.

Moderator @secret.simon will be best placed to answer your query.

[darshandinesh]

Thank you for your prompt replies @CR001

I can definitely say that my grandparents weren’t diplomats.

[secret.simon]

doesn’t the fact my father was born in the UK before 1983 make him a British citizen automatically?

Yes, it does, provided that neither of his parents were diplomats or on a diplomatic visa (such as working for an embassy or consulate).

So your father would be a British citizen otherwise than by descent and you (and all your siblings) would be British citizens by descent.

My manager is a British citizen in the same way. He and his twin sister were born in the UK to Nigerian parents in the 1960s and so they are British citizens, whereas neither their elder nor younger siblings are, as they were born in Nigeria.

To apply for a British passport, you will need your father's original birth certificate, your parents' marriage certificate and your own birth certificate, which you have. Your father does not need to apply for a British passport before you, but it may make it easier.

Be aware that if any of your own children are born abroad (outside the UK), they would not be British citizens automatically.

As an aside, keep in mind that claiming a British passport may trigger loss of your Indian citizenship.

Also, you may not be eligible for Home Student status even after getting a British Passport as your Home Student status is determined by your status and ordinary residence three years prior to the first day of the start of the course.

And of course, as a British citizen, you would need to meet all the standard requirements of a British citizen if you intend to sponsor a non-EEA spouse to the UK (including the Minimum Income Requirement of £18,600 p.a., etc).

[darshandinesh]

I have further enquiry regarding my grandparents?
If I am to apply for the passport, would they require documents concerning my grandfather?

My grandfather does not have in his possession the passport with which he came to the UK.

If there is a need for such documentation, is there any other alternative documents that I could present?

[secret.simon]

I have further enquiry regarding my grandparents?
If I am to apply for the passport, would they require documents concerning my grandfather?

My grandfather does not have in his possession the passport with which he came to the UK.

If there is a need for such documentation, is there any other alternative documents that I could present?

They ought not to. The immigration status of your grandfather at the time of your father's birth would be irrelevant as the birth took place before 1983.

What would be relevant would be that your father was born in the UK before 1983 and that neither of his parent were diplomats.

[darshandinesh]

Regarding the passport application, I would require a counter signatory.

Could that person be the spouse of my second cousin once removed.

Most of the people who know me for 2 years and hold a British passport are my distant relatives.

[CR001]

You cannot use a relative, either through blood or through marriage.

Your passport referee also has to be a professional on HMPOs list.

[secret.simon]

I would require a counter signatory.

Could that person be the spouse of my second cousin once removed.

Most of the people who know me for 2 years and hold a British passport are my distant relatives.

I would leave that to others to answer, as I am not too au fait with how close a relationship would disqualify a person from being a counter-signatory.

Is there nobody at your workplace or place of study that could countersign?

EDIT: Overtaken by CR001, who is more knowledgeable in this area.

[darshandinesh]

I have been in the UK for just over a year now. So, I don’t know anyone who’s British for more than 2 years, other than my relatives.

Is there an alternative solution?

[alterhase58]

Clearly if you've only been a year in the UK you will have to wait another year or longer and somehow get to know someone who is British, not related, who is on the list of acceptable professions:
https://www.gov.uk/countersigning-passp ... ignatories
Not aware there are exceptions to this rule - it's not an everyday scenario we see here.
You could contact the passport helpline in case they have further advice, although you will be in the UK for a few years so plenty of time:
https://www.gov.uk/passport-advice-line