born before 1983, mother uk born citizen, entitled to uk citizenship???
Jul 8th 2012, 3:56 pm
#1
aussie married to a brit!
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Location: UK
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born before 1983, mother uk born citizen, entitled to uk citizenship???
hi m my friend has lived in the uk for 10 year, on ILR, was born before 1983, and his mother was born and grew up in the uk...
can he just apply for citizenship without going through the same process as someone applying after ILR???
I thought as his mum was british, he was entitled to register his citizenship , and it wasn't an expensive process???
i have looked for some links to show him, but not found anything particulary simple to explain it??
can he just apply for citizenship without going through the same process as someone applying after ILR???
I thought as his mum was british, he was entitled to register his citizenship , and it wasn't an expensive process???
i have looked for some links to show him, but not found anything particulary simple to explain it??
Jul 8th 2012, 6:18 pm
#2
Lost in BE Cyberspace
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Re: born before 1983, mother uk born citizen, entitled to uk citizenship???
Jul 8th 2012, 6:27 pm
#3
Lost in BE Cyberspace
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Re: born before 1983, mother uk born citizen, entitled to uk citizenship???
Check out the UKM form - if his mother was British and born in Britain then he can apply using UKM http://www.ukba.homeoffice.gov.uk/br...britishmother/. IIRC it costs about £80 and if it is quite straightforward takes about 3 - 4 months to process although they say it can take 6 months, then when it has been approved he will have a citizenship ceremony and get his certificate of citizenship and then be entitled to apply for a passport. My DH just did this - his mum was born in UK and emigrated as a child and he was born in the first half of the last century and lived in Aus all his life and his application was processed without any hassles - just provided her birth cert and his birth cert and his passport from memory. There is also a citizenship checking service in most counties where you can go with your documents, they take copies and return your documents to you and they send them off for you rather than being without your passport for example for any length of time.
Jul 8th 2012, 6:29 pm
#4
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Posts: 34,649
Re: born before 1983, mother uk born citizen, entitled to uk citizenship???
If eligible for both naturalisation and UKM registration, one can select either option.
Note that UKM registration gives British citizenship by descent, while naturalisation gives British citizenship otherwise than by descent. The UKM fee is a lot lower.
Also note that naturalisation normally requires - unless the spouse of a British citizen - that the applicant declares an intention to live in the United Kingdom after naturalisation. This may be indicative of acquiring a British domicile (as distinct from residence) for tax purposes, depending on circumstances.
By the way - if he's an Australian, Canadian or New Zealand citizen, then with a UK-born mother, he should normally be on a Right of Abode stamp, not ILR.
Note that UKM registration gives British citizenship by descent, while naturalisation gives British citizenship otherwise than by descent. The UKM fee is a lot lower.
Also note that naturalisation normally requires - unless the spouse of a British citizen - that the applicant declares an intention to live in the United Kingdom after naturalisation. This may be indicative of acquiring a British domicile (as distinct from residence) for tax purposes, depending on circumstances.
By the way - if he's an Australian, Canadian or New Zealand citizen, then with a UK-born mother, he should normally be on a Right of Abode stamp, not ILR.
Jul 8th 2012, 8:03 pm
#5
aussie married to a brit!
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Location: UK
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Re: born before 1983, mother uk born citizen, entitled to uk citizenship???
yes, he is an australian citizen with a uk born mother, and IS on a right of abode stamp...(i thought it was the same as ILR..)
he lives in the uk, and all of his children are uk born with passports... his wife has a nz passport, and has also lived here for years... so she will need to get a passport too, obviously by a different route.. unfortunately it costs alot more to get citizenship than it did a number of years back!
does it make any subtantial difference if he gets the citizen by descent opposed to naturalisation, seeing as his kids are uk born citizens anyway??? will it affect the way is wife gets citizenship?
he lives in the uk, and all of his children are uk born with passports... his wife has a nz passport, and has also lived here for years... so she will need to get a passport too, obviously by a different route.. unfortunately it costs alot more to get citizenship than it did a number of years back!
does it make any subtantial difference if he gets the citizen by descent opposed to naturalisation, seeing as his kids are uk born citizens anyway??? will it affect the way is wife gets citizenship?
Jul 8th 2012, 8:42 pm
#6
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Re: born before 1983, mother uk born citizen, entitled to uk citizenship???
Right of Abode is a different status to ILR. Both constitute "settlement" for the purpose of being able to apply for naturalisation.
Being British by descent won't make any difference unless he has children born outside the U.K. and even then, it wouldn't matter if their other parent is naturalised British.
Even if the other parent wasn't naturalised British, a British by descent parent can in some cases register non-U.K. born children as British. Details on the UKBA site.
Assuming his NZ wife has been in the U.K. for more than 5 years (and got ILR more than 1 year ago), and also assuming there are no concerns about declaring an intention to remain resident in the U.K. the main options are:
1. They apply jointly for naturalisation, the fee is lower if husband and wife apply jointly; or
2. He becomes British by UKM, and then his wife can immediately apply for naturalisation as the spouse of a British citizen; or
If they don't want to declare an intention to remain living in the U.K., then option 2 avoids this.
Have the children been registered as both Australian and New Zealand citizens by descent? This is strongly advised.
Being British by descent won't make any difference unless he has children born outside the U.K. and even then, it wouldn't matter if their other parent is naturalised British.
Even if the other parent wasn't naturalised British, a British by descent parent can in some cases register non-U.K. born children as British. Details on the UKBA site.
Assuming his NZ wife has been in the U.K. for more than 5 years (and got ILR more than 1 year ago), and also assuming there are no concerns about declaring an intention to remain resident in the U.K. the main options are:
1. They apply jointly for naturalisation, the fee is lower if husband and wife apply jointly; or
2. He becomes British by UKM, and then his wife can immediately apply for naturalisation as the spouse of a British citizen; or
If they don't want to declare an intention to remain living in the U.K., then option 2 avoids this.
Have the children been registered as both Australian and New Zealand citizens by descent? This is strongly advised.
Jul 8th 2012, 8:54 pm
#7
aussie married to a brit!
Thread Starter
Joined: Nov 2008
Location: UK
Posts: 302
Re: born before 1983, mother uk born citizen, entitled to uk citizenship???
Right of Abode is a different status to ILR. Both constitute "settlement" for the purpose of being able to apply for naturalisation.
Being British by descent won't make any difference unless he has children born outside the U.K. and even then, it wouldn't matter if their other parent is naturalised British.
Even if the other parent wasn't naturalised British, a British by descent parent can in some cases register non-U.K. born children as British. Details on the UKBA site.
Assuming his NZ wife has been in the U.K. for more than 5 years (and got ILR more than 1 year ago), and also assuming there are no concerns about declaring an intention to remain resident in the U.K. the main options are:
1. They apply jointly for naturalisation, the fee is lower if husband and wife apply jointly; or
2. He becomes British by UKM, and then his wife can immediately apply for naturalisation as the spouse of a British citizen; or
If they don't want to declare an intention to remain living in the U.K., then option 2 avoids this.
Have the children been registered as both Australian and New Zealand citizens by descent? This is strongly advised.
Being British by descent won't make any difference unless he has children born outside the U.K. and even then, it wouldn't matter if their other parent is naturalised British.
Even if the other parent wasn't naturalised British, a British by descent parent can in some cases register non-U.K. born children as British. Details on the UKBA site.
Assuming his NZ wife has been in the U.K. for more than 5 years (and got ILR more than 1 year ago), and also assuming there are no concerns about declaring an intention to remain resident in the U.K. the main options are:
1. They apply jointly for naturalisation, the fee is lower if husband and wife apply jointly; or
2. He becomes British by UKM, and then his wife can immediately apply for naturalisation as the spouse of a British citizen; or
If they don't want to declare an intention to remain living in the U.K., then option 2 avoids this.
Have the children been registered as both Australian and New Zealand citizens by descent? This is strongly advised.
the wife has lived here for around 10 yrs i think, and they have no plans to leave the uk at present.
they want to find the CHEAPEST option to both get their citizenship,
and lastly, they can't decide whether the children should get nz or australian citizenship, as they are eligible for both,having one of each parent, but the parents aren't sue which one to choose, or whether to wait and let the kids decide for themselves oneday?
Jul 8th 2012, 9:18 pm
#8
Retired
Joined: Apr 2004
Posts: 34,649
Re: born before 1983, mother uk born citizen, entitled to uk citizenship???
One thing is clear - if they don't make a decision and move forward, they will not become British citizens.
and lastly, they can't decide whether the children should get nz or australian citizenship, as they are eligible for both,having one of each parent, but the parents aren't sue which one to choose, or whether to wait and let the kids decide for themselves oneday?
If they decide to wait before getting the children registered as citizens, something may happen to take away the eligibility. The laws could change, or the children (especially as teenagers) could encounter some problems with the law that would make them ineligible to acquire Australian (and possibly NZ citizenship).
A decision not to get the children their Australian and NZ citizenship now is a really poor choice.
