Ajae

My partner is currently facing deportation from the uk(he committed a crime). Since reading a few posts on here and him reading a lot of information on the laws we believe he has rights to British citizenship for the following reasons, please can someone tell me how to present this to home office so he can claim his right to citizenship and his stop deportation.

His father born 1956 in Kenya to a birtish born father.
His mother (holds birtish passport) born 1966 in Kenya to British born father.
My partner was born 1985.
His mother applied for British passports in 2001 but was denied as he was 13 and required to be in the country for 2years first( I don't no what law this is as he was a minor at that time and nowhere states he needed to be in the uk for 2years first). She applied to ILR and that was excepted and he did not then re apply for a passport, Although he should have and wishes he did now.
The question is was he Infact intitled to the passport when his mother applied, under section 3(2) BNA 1985.
And his father being born before Kenyan independence to a British father, so he was able to pass the citizenship on to my partner.?

Please help.
Amy

BritInParis

Which passport does your partner hold?

scot47

I think I would be looking for advice from a professional and not relying on a forum like this. Having said that, Britinparis is better than a whole busful of Immigration Lawyers !

Pulaski

I have dealt with lawyers on a number of occasions. In my experience it is usually best to do your own research, work out what needs to be done, and then go to the lawyer and tell them what needs to be done. The only "best interests" that most lawyers seem to work for, are their own.

Ajae

Hi he holds a Kenyan passport with indefinite leave to remain in uk

Ajae

Yes I no what you mean that's why I'm here looking for advice as the solicitor we have doesn't seem to no the law atall

BritInParis

I suspect your partner has missed several opportunities to become British. If his mother or father hadn't resided in the UK for three consecutive years before his birth then he wouldn't have been eligible to be registered under S.3(2) however once he had been living in the UK for three years with his parents then he would have been eligible to be register under S.3(5) before he turned 18 and to naturalise under S.6(1) after he turned 18.

Since naturalisation has a good character test which is now being applied far more stringently than previously it's unlikely that his application would now be approved given that the Home Office is attempting to deport him. I presume his crime was fairly serious for his ILR to be cancelled in this manner. For once I would recommend consulting with a solicitor if his ILR has yet to be cancelled and see whether his application for naturalisation would have any chance at this point.

The other option would be to look at his grandfathers' employment at the time of his parents' respective birth. If they were in UK Crown Service (military, diplomatic, etc..) then that would make your partner a British citizen by descent.

az2014

Sometimes this site is too helpful.

If someone has committed a crime and is facing deportation than maybe its better to let them leave instead of helping find ways for them to stay.

spouse of scouse

What was the point of posting that? If you don't want to provide information to anyone, then just don't. If others do want to provide information, then it's not really any of your business.

BritInParis

If the OP's partner is a British citizen then he shouldn't be deported. If he isn't then he will need to face the consequences of his actions. If it turns out that he had the last 15 years to become a British citizen and didn't do so then he will regret that decision all the more now.

az2014

Only just seen this.

Because its a public forum and I can post my opinion without your permission?

What business is that of yours? Oh wait it isnt and you just posted your opinion.

Hypocrite much? Go crawl back wherever you normally hide.

BEVS

Thanks BiP. Succinct as always.

I know thread drift happens but if we can try to keep the Immy threads clear of posts that detract from the topic that would be very helpful. Thanks.