goingabroad80

Hi there, I was born in the Uk in 1980 (which automatically makes me a British citizen)and have lived there most of my life but have never had a British passport, instead I had a Dutch one as I never really needed the Brit passport. Anyway, to cut a long story short, I am now applying for my spouse (Chilean) to move back to the Uk with me and the kids but do I need a British passport to apply for him or does it suffice that I was born in the UK and have an EU passport (as do the kids). Any knowledge on this? Thank you in advance!

Bob

I don't know...but being born in the UK doesn't automatically make you a UK citizen though.

goingabroad80

According to this it does :http://www.ukba.homeoffice.gov.uk/br...yingterritory/

"If you were born in the UK before 1 January 1983, you are almost certainly a British citizen. The only exception is if you were born to certain diplomatic staff of foreign missions who had diplomatic immunity."

I just need to know if I need the passport to apply or if the EU one will be fine.

SanDiegogirl

Were either of your parents British and permanently resident in the UK?

The following is also on the UKBA site:-

Even if you were born in the United Kingdom, you will not be a British citizen if neither of your parents was a British citizen or legally settled here at the time of your birth. This means you are not a British citizen if, at the time of your birth, your parents were in the country temporarily, had stayed on without permission, or had entered the country illegally and had not been given permission to stay here indefinitely.

goingabroad80

"This means you are not a British citizen if, at the time of your birth, your parents were in the country temporarily, had stayed on without permission, or had entered the country illegally and had not been given permission to stay here indefinitely." My parents immigrated from Germany but settled permanently where they now reside so according to what I quoted above, I am a British citizen.

Anyway, I need to know if I need the British passport to apply...anyone????

brioche

That's only relevant to people born from 1983 onwards. People born in the UK before 1983 automatically acquired citizenship at birth with very few exceptions, and the OP falls into this category.

goingabroad80

Thanks brioche, yes that's what I read and believed. I don't think I do need a British passport to apply but I'd like this confirmed really before we go ahead, who would I need to call? I don't know if I'm being stupid but I can't seem to find any straightforward advice call centres , help!

P.s: I know I would also be able to apply for an EEA family permit based on my Dutch passport but as I've never lived there (only in the UK) I don't think we're eligible for that. God, I'm so complicated.

brioche

Only the UKBA can say for sure, and you're right about it being hard to get hold of someone by phone. Have you tried contacting Worldbridge?

http://ukinchile.fco.gov.uk/es/visiting-uk/visas
https://www.visainfoservices.com/Pages/SendAnEmail.aspx

I'd imagine they'd accept any evidence of citizenship / immigration status for you, and in the worst case I would expect the application to be put on hold while you applied for the passport.

In general it doesn't matter where you live as long as you're a citizen of another EEA country. However, because you're also a British citizen, you'd need to meet the additional requirement of being currently resident with your spouse in any other EEA country:

http://www.ukba.homeoffice.gov.uk/eu...family-permit/

goingabroad80

Merci Brioche! yep, I think the Family permit is definitely out of the question for us so all I need to know is whether I need the brit passport, will try and find out via worldbridge, wish me luck!

Nicola1

All the best. Our situation is a little similar to yours, but I have the Brit passport and are now in the process of applying for our kids who are entitled.

Thereafter, we'll apply for my husband's visa to settle.

Keep us posted?

goingabroad80

Yes of course. I've also just read that once you're granted the visa, you have a year in which to move back which gives us plenty of time!
My kids have EU passports so I'm thinking (and hoping) there won't be a problem with taking them over. Gosh, so much to think about. Good luck to you too!

Nicola1

I've just read this, it might be of interest to you:

http://britishexpats.com/wiki/Britis...en_Born_Abroad

goingabroad80

Interesting. The last point says "A citizen passport issued by an EEA member state or Switzerland is also ok." So that must mean bringing them in on Dutch passports rather than Chilean is fine. Thank you!

JAJ

To sponsor for a UK spouse visa, you need to show that you are a British citizen. A pre-1983 birth certificate should normally be enough but there's always the risk a case officer may want to see a British passport. http://www.ukvisas.gov.uk

Or are you considering using the EEA Family Permit route for your spouse? There are both pros and cons to this option. Has your spouse looked into obtaining Dutch citizenship and would he lose his Chilean citizenship if he did?

Your children can use Dutch passports but if their future is in the United Kingdom they should normally obtain British passports in due course. As far as I am aware (you should verify) there is not a problem holding dual Dutch/other citizenship as long as it is acquired at birth. They may also be Chilean citizens.

goingabroad80

Thanks for this! Regarding British citizenship, yes I need either a passport or entitlement document of which I have neither therefore will need to go down the EEA Family permit route. The advantage is, it's free! It is not valid for as long though. Not sure about whether my hubby would lose Chilean citizenship or not, I wouldn't think so.
I hope to apply for my kids' British passports when we settle in the Uk next year.