leahcim

Hello, I was born in the UK in 1988. My mother has never been married but my father had ILR and he was married to another woman at the time of my birth. Can I claim for British Citizenship?

Pulaski

What is the nationality of your mother, and on what basis was she in the UK when you were born?

leahcim

She is South African and she
was there as a Student at the time of my birth.

christmasoompa

This might help - https://www.gov.uk/check-british-citizenship

Doesn't look as though you've got a claim from what you've said as your parents weren't married, but the above should tell you for sure and I'm sure the forum pros will be along to help you figure it out when they have time.

HTH.

leahcim

I strongly disagree with you. I'm waiting for the forum pros to help me figure it out. I Look forward to hearing from BritInParis too. Thank you.

Pulaski

What nationality was your father (at the time of his relationship with your mother)?

christmasoompa

You're so welcome. I'm only going on what the link above says which says you're not a citizen unless your parents were married, I'd assume it's correct as it's a government webpage, but no idea if it is or not.

BiP will take a look and respond it he has time I'm sure.

leahcim

U.S Citizen and he had ILR at the time of my birth.

jmin

That is the official Home Office guidance for children born in the UK when you were born but there are always nuances in British nationality law.

I would recommend that you contact Philip Gamble, which is now through Sable International. They provide a free assessment.

You said your mother was South African. Does she have any ties to the UK, such as through her parents that might have given her right of abode or which could have made her a British citizen?

leahcim

Mother has no ties to the UK. Thank you Jmin

BritInParis

You say your mother was a student with no ties to the UK - did she hold a student visa at the time of your birth?

leahcim

Hi Bip, yes she did.

BritInParis

And you returned to South Africa with her as a baby and have been living there ever since? I take it your father never naturalised as a British citizen?

leahcim

Yes I returned to South Africa as a baby and been living in South Africa since. My father never naturalised but he had ILR and named on my birth certificate at the time of my birth.

BritInParis

In that case you should be eligible to register as a British citizen under Section 4G of the British Nationality Act 1981 using Form UKF.

You’ll need to be able to demonstrate that your father held ILR at the time of your birth.

There’s no fee for this type of application but you’ll need to pay £80 towards the cost of your citizenship ceremony and £19.20 to submit your biometrics.

https://visas-immigration.service.gov.uk/product/nationality-ukf

If you wish to remain a South African citizen then it’s vital you apply for permission to retain your SA citizenship before you attend your British citizenship ceremony.