Born in the UK, am I eligible for citizenship / passport?

[stefan.mac]

Hi there,

I was born in England in 1988, to 2 New Zealand citizens who had been living in the United Kingdom since approximately 1981. My father was allowed to live and work in the UK due to decent (presumably) while my mother was not originally allowed to until their marriage in 1983. After I was born in 1988 we lived in the UK for approximately 2 years until we moved to New Zealand in 1990.

Am I eligible for British citizenship and a British passport?

Thanks very much for your help,
Stefan M

[republique]

Hi there,

I was born in England in 1988, to 2 New Zealand citizens who had been living in the United Kingdom since approximately 1981. My father was allowed to live and work in the UK due to decent (presumably) while my mother was not originally allowed to until their marriage in 1983. After I was born in 1988 we lived in the UK for approximately 2 years until we moved to New Zealand in 1990.

Am I eligible for British citizenship and a British passport?

Thanks very much for your help,
Stefan M

Did they have ILR when you were born

[stefan.mac]

I'm sure my father did, as he had been living and working in the UK for approximately 8 years before I was born. I’m not so sure about my mother, as she effectively needed to marry my father to stay in the UK past 1984, after they married in 1983 she was allowed to live and work in the UK, and did so until 1990 when we emigrated (back) to New Zealand.

So my dad was definitely granted ILR and my mum presumably had it after they got married, 5 years before I was born.

[republique]

I'm sure my father did, as he had been living and working in the UK for approximately 8 years before I was born. I’m not so sure about my mother, as she effectively needed to marry my father to stay in the UK past 1984, after they married in 1983 she was allowed to live and work in the UK, and did so until 1990 when we emigrated (back) to New Zealand.

So my dad was definitely granted ILR and my mum presumably had it after they got married, 5 years before I was born.

well you need proof
not memories.

[Directive/2004/38/EC]

If one of your parents had ILR when you were born, then I am pretty sure you have British citizenship right now.

[JAJ]

I'm sure my father did, as he had been living and working in the UK for approximately 8 years before I was born. I’m not so sure about my mother, as she effectively needed to marry my father to stay in the UK past 1984, after they married in 1983 she was allowed to live and work in the UK, and did so until 1990 when we emigrated (back) to New Zealand.

So my dad was definitely granted ILR and my mum presumably had it after they got married, 5 years before I was born.

Are you sure he was granted ILR? You say he was in the United Kingdom due to ancestry ... did he have a United Kingdom born parent? If so, he may well have been a British citizen or Right of Abode holder instead.

Are you in contact with your parents? Any documentation available to show their immigration status?

If you believe your father had ILR but there is no proof, then all is not lost but you would have to be prepared for a lot of legwork and paying a certain amount of money (and quite possibly, going to court) to show that you are a British citizen.

Quite separately, you were born a New Zealand citizen by descent - have you "upgraded" to full New Zealand citizenship by grant?

[stefan.mac]

After scouring my dad’s passports today I’ve found a stamp that says "Given leave to remain in the United Kingdom for an indefinite period" dated 10th February 1981 - 7 years before I was born. Is this enough to apply for a passport etc?

[Directive/2004/38/EC]

Did your dad leave the UK for any long period of time between when he got the ILR and when you were born? If not then he had ILR when you were born.

This lists the documents you need you need to apply for a passport are listed here: http://www.ips.gov.uk/passport/apply-fi ... terjan1983
The passport you have (with the ILR stamp) is probably the important one, though they seem to ask for the one valid when you were born.

Are you in the UK? (Applying in the UK is probably the easiest because of the new interview requirement for first adult passports and is also the cheapest)