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Can I obtain British Citizenship??

Can I obtain British Citizenship??

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Old Mar 2nd 2012, 7:21 pm
  #16  
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Default Re: Can I obtain British Citizenship??

They cannot deny entry to a British citizen. Many cases where people lose their passports in transit for example. It's just going to be a bit of a hassle at the POE because he'll have to go into secondary inspection and convince them he's British.

The UK officials at the port of entry are under no legal obligation to recognize his Canadian birth certificate at all.
But they'd look pretty stupid if they didn't, because the FCO accepts them.

This is the criteria from the website:

Your previous travel document and/or photocopy of current ID (eg: driving licence, bank statement, student card, household bill); AND
Your original consulate birth certificate; OR
Your full foreign birth certificate; and and your mother’s original UK long version birth certificate or original naturalisation/registration certificate; or your father’s original UK long version birth certificate or naturalisation/registration certificate and if your father only is a British Citizen and not your mother and you were born before 1 July 2006 you will need to provide your parents’ marriage certificate - if you were born after 30 June 2006 your father’s details must appear on your birth certificate; AND
Your original British Citizen parents' passports; AND
Your original marriage certificate if applicable; AND
Your original Deed Poll/Statutory Declaration if you have changed your name other than by marriage, together with 3 original forms of identification in your new name.
I'd say if he showed up with his birth certificate, his mother's original and a notarized copy of her passport they'd probably let him in with his Canadian passport. They do have the power to parole people in long enough for them sort their documentation out as well.

But clearly better to get a British passport first, if only so you don't have to sit yapping to the UKBA after a long flight.

A UK passport is the only internationally recognized proof of UK citizenship.
Not relevant, he's going to the UK. The British Nationality Acts are the relevant bit. Absolute worst-case scenario he would be detained and then have to convince a judge.

Last edited by Steve_; Mar 2nd 2012 at 7:23 pm.
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Old Mar 2nd 2012, 9:16 pm
  #17  
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Default Re: Can I obtain British Citizenship??

Which is all well and good if he got to the UK. Doesn't help him much if the airline refuses to let him board the plane.
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Old Mar 2nd 2012, 9:35 pm
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Default Re: Can I obtain British Citizenship??

Originally Posted by Steve_
Originally Posted by MarylandNed
The UK officials at the port of entry are under no legal obligation to recognize his Canadian birth certificate at all.
But they'd look pretty stupid if they didn't, because the FCO accepts them.
You're equating 2 completely different procedures. Just because you have the documents required to apply for a UK passport, doesn't mean you're entitled to a UK passport. Verifying citizenship and issuing passports is one procedure. Screening someone at the port of entry is a completely different procedure.

The port of entry officials would be under no legal obligation to recognize the Canadian birth cert at all. They might never have seen one and might not even know if it's genuine or not. Their job is not to look at birth certs and issue passports. They check passports.

The documentation you use to get a passport has got absolutely nothing to do with international travel. That's why we have passports in the first place. Also, a birth cert is not proof of citizenship. For example, someone can have a UK birth certificate and not even be a UK citizen.

Last edited by MarylandNed; Mar 2nd 2012 at 9:42 pm.
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Old Mar 3rd 2012, 2:23 pm
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Default Re: Can I obtain British Citizenship??

Originally Posted by Steve_
They cannot deny entry to a British citizen. Many cases where people lose their passports in transit for example. It's just going to be a bit of a hassle at the POE because he'll have to go into secondary inspection and convince them he's British.
Admission at the port of entry:
http://www.ukba.homeoffice.gov.uk/si...df?view=Binary

-------

Section 3(9) of the Immigration Act of 1971, as amended by the Immigration,
Asylum and Nationality Act 2006, states that a person seeking to enter the UK and claiming to have the right of abode must prove his claim by producing either:

• a UK passport or an ID Card issued under the Identity Cards Act 2006 describing the person as a British Citizen; or
• a UK passport or ID Card describing the person as a British subject with the right of abode in the UK; or
• a certificate of entitlement (vignette) certifying that he has the right of abode

....


5. Refusal of entry
A passenger seeking to enter the UK and claiming to have the right of abode, but who is unable to produce any documentary evidence noted in paragraph 3 (above) or who may be subject to restrictions as in paragraph 2, should be treated as subject to control. Such a person should be examined in order to
decide whether or not he qualifies for entry. For example if he is claiming entry for settlement and the rules state that an entry clearance is required,
then refusal should follow.
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Old May 12th 2012, 11:29 pm
  #20  
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Default Re: Can I obtain British Citizenship??

I am planning to go to London on a one way ticket to visit my brother who is terminally ill. I am travelling on a Canadian passport as I have lived here for years. I am British, born and bred, but I don't have any of the documents listed and probably can't get them until I get home. I have my long birth certificate and my passport states I was born in Wokingham, UK. Any suggestions please?
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Old May 12th 2012, 11:51 pm
  #21  
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Default Re: Can I obtain British Citizenship??

Originally Posted by gillymc
I am planning to go to London on a one way ticket to visit my brother who is terminally ill. I am travelling on a Canadian passport as I have lived here for years. I am British, born and bred, but I don't have any of the documents listed and probably can't get them until I get home. I have my long birth certificate and my passport states I was born in Wokingham, UK. Any suggestions please?
Get an Emergency Travel Document from the UK Consulate?

Canadian passport stating place of birth doesn't really help as you don't automatically get UK citizenship being born there.

Welcome to BE, sorry to hear about your brother though. Good luck.
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Old May 12th 2012, 11:57 pm
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Default Re: Can I obtain British Citizenship??

Thank you Bob. Its so confusing reading everywhere, I was at the ukba home office link and it says if you were born in the UK prior to 1983 you probably are a citizen, then I start reading here and went EEKKK!!!! I was born in 1955 so I qualify on the age thing hahaha. I will make sure to get some documentation when I get home.
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Old May 13th 2012, 1:25 am
  #23  
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Default Re: Can I obtain British Citizenship??

Originally Posted by gillymc
I am planning to go to London on a one way ticket to visit my brother who is terminally ill. I am travelling on a Canadian passport as I have lived here for years.
Why travel on a one-way? Presumably you are planning to return to Canada, even if you have to make a subsequent visit to the UK, so you should buy a return ticket. With that + a Canadian passport, you will not have a problem.

Probably not a bad idea to get yourself a new British passport if you think that you will be in the UK on a more long term basis.
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Old May 13th 2012, 7:41 pm
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Default Re: Can I obtain British Citizenship??

Hi JAJ,
I am planning to return to Canada but don't know when, I don't have a lot of money to be paying out to change my return. I am trying to find the cheapest way to go home and then come back.
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Old May 13th 2012, 9:28 pm
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Default Re: Can I obtain British Citizenship??

Originally Posted by gillymc
Hi JAJ,
I am planning to return to Canada but don't know when, I don't have a lot of money to be paying out to change my return. I am trying to find the cheapest way to go home and then come back.
Buy an open return, not the cheapest return, but cheaper than 2 x one way.
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Old May 13th 2012, 11:28 pm
  #26  
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Default Re: Can I obtain British Citizenship??

Originally Posted by JAJ
Such a person should be examined in order to
decide whether or not he qualifies for entry.
Exactly, so provided he produces sufficient evidence he's British, he'll be allowed in. They're not going to deport a British citizen just because they don't have a British passport on them. It's pretty common for people to lose their passports in transit, seen it happen at the Chunnel POE and my sister lost her passport once and they let her in.

They just make you sit and wait while they check other information, so having birth certificate etc with you helps.
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Old May 13th 2012, 11:29 pm
  #27  
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Default Re: Can I obtain British Citizenship??

Originally Posted by Bob
Doesn't help him much if the airline refuses to let him board the plane.
Canadian citizens are allowed to enter, it's Canada that has the law on having evidence you're allowed in before being allowed to board.
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Old May 13th 2012, 11:31 pm
  #28  
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Default Re: Can I obtain British Citizenship??

Originally Posted by MarylandNed
You're equating 2 completely different procedures. Just because you have the documents required to apply for a UK passport, doesn't mean you're entitled to a UK passport.
We're talking about proving you're a british citizen, passports are not the issue.

The port of entry officials would be under no legal obligation to recognize the Canadian birth cert at all.
Like I said, worst-case scenario you end up before an immigration judge, and I'm pretty sure they would have experience with foreign documentation.
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Old May 14th 2012, 2:20 am
  #29  
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Default Re: Can I obtain British Citizenship??

Originally Posted by Steve_
Exactly, so provided he produces sufficient evidence he's British, he'll be allowed in. They're not going to deport a British citizen just because they don't have a British passport on them. It's pretty common for people to lose their passports in transit, seen it happen at the Chunnel POE and my sister lost her passport once and they let her in.

They just make you sit and wait while they check other information, so having birth certificate etc with you helps.
Steve has it right. If you have your Canadian passport and your UK birth certificate, your good to go - I've done it and didn't get any hassle.

Now I use my Canadian citizenship and my UK passport and still don't get any hassles
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Old May 14th 2012, 7:35 pm
  #30  
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Default Re: Can I obtain British Citizenship??

Let me just emphasize before someone tries it that I certainly think that getting a British passport is the best idea, but you're not completely buggered without one.

I have never understood why the UK is such a passport-centric country, even to this day they don't have a passport card like the US does, even though I'm assuming most travel is to the rest of the EU. Plus they're not in Schengen.

What used to make me laugh was watching travel shows in the UK where they looked down their noses at Americans because of the number of passports on issue, which seemed to imply Americans never go abroad. Americans go abroad, but they didn't need passports to do it to most of the rest of North America, in fact they still don't, although a passport is one thing you may need now to get back into the US.

What didn't make me laugh was the Prevention of Terrorism Act requiring you to show ID to go from GB to Northern Ireland, and of course back then there were no photos on DLs so you had to use a passport to travel inside the country!
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