SynthesisDNA

Hi

I am new here and have a situation I would greatly appreciate some assistance/advice with!!

My wife and I lived in the UK from 2002-2011 and after multiple work visas were earned UK permanent residency in 2009.

We are both American citizens and moved back to the US in 2011.

Both of our children were born in London. Our daughter was born in 2008 (while we were on work visas) and our son in 2010 (while we were permanent residents).

I have been back to the UK multiple times, the last being October 24, 2013. However, my US passport had expired so I got a new one and when I entered the UK on a tourist visa with my new passport.

My questions:

1. Is it correct that my ILR has now expired since my last entry to the UK in the last two years was on a tourist visa, despite the fact I still held a valid ILR at the time?

2. Is it correct that because my ILR is expired that my daughter has lost the right to apply for UK citizenship?

3. Is there ANY possible way to appeal this?

Any advice would be greatly appreciated.

Thanks.

christmasoompa

Hi, and welcome to BE.

Please contact Site Admin for a username change - as per Site Rule 11, you can't use your current one I'm afraid.

Thx.

BritInParis

ILR generally expires after two years' absence. Your visits to and from the UK after you returned to the US in 2011 may or not have reset the clock however if your last entry was in October 2013 and you were stamped in as a visitor then it will now have almost certainly been lost.

As your daughter was born in the UK before you were granted ILR then she wasn't entitled to British citizenship at birth unlike your son.

However once you became 'settled' in the UK (held ILR) your daughter would become eligible for registration under S.1(3) of the British Nationality Act 1981.


The relevant nationality instructions do not mention anything in regard to registering the child after the parents' settled status expires so it is unclear whether the settled status needs to be held at any point after the birth of the child or at the time of application.

This document would suggest however that a precedent has previously been set that a minor would not lose their entitlement to registration if the parent(s) subsequently lose their settled status. (See NC241).

I would therefore tentatively suggest it would be possible to successfully register your daughter as a British citizen under S.1(3) BNA 1981 using Form MN1.

Fern34

Hello there,
I was wondering if you were able to register your daughter as a citizen after your ILR expired.
I'm a Brazilian citizen and lived in the UK from 1997 to 2005. My daughter was born in The UK in 1998 and I received my ILR in 2003. We both left the UK in 2005 and have been in NZ since.
My daughter is 17 years old and obsessed with the UK.
Unfortunately, I wasnt aware of her entitlement and only found out a few days ago.
I would appreciate any comments/ advice.

Thank you.

BritInParis

I can't add any more to what I said previously other than to say that if you want to register your daughter you'll need to apply before she turns 18 so I wouldn't wait any longer.