Historicalinjustice

I need serious help and guidance.i was born in germany in 1972 while my dad was on active duty in RAF.Have 5 siblings all holding british passports and i am referred to by the home office as an illegal immigrant subject to immigration control.my parents originate from the caribbean but finished secondary school here in the UK.never returned to the caribbeanThe reason i am given for not being british is because i was not born in the UK.I find this so prejudiced because if daddy was not stationed in germany i would be born in the uk just as my siblings.they are threatening me with deportation.Is this not highly unfair.I would love this to hit the media.somebody help me.my father joined RAF in 1964 married my mum in 1969 in london.

scot47

Have you taken legal advice ?

BritInParis

That doesn't sound correct. There are provisions in British nationality law for children born overseas to serving British military personnel. I suspect you just need to get your paperwork in order to apply for your British passport. What citizenship/passports did your parents hold when you were born? Where were your parents born? Were your siblings all born in the UK?

Historicalinjustice

My parents were born in the caribbean and all my siblings were born in the UK,the only difference between me and them is that I was born in Germany
My parents migrated here in the 1950's.My dad joined the RAF in 1964 after finishing school in the uk.The Laws state that Children born before 1983 to parents on crown service duty designated by the queen are British otherwise than by descent or as if they were on british soil.I really don't know what else to do.It is frustrating.I have spent money in vain to lawyers who want to apply for visas and leave to remain and other things which is so unfair.I am now classed by the UKBA as an immigrant liable to be detained and deported

BritInParis

I need to have more specific information before I can help.

About your father - which Caribbean country was he born in? Was he a Citizen of the United Kingdom and Colonies when you were born? Was he married to your mother when you were born?

About you - What birth certificate do you have for yourself? Do you have a British military or consular birth certificate? What passport do you hold currently?

Historicalinjustice

My parents were married at the time .They had british subject passports at the time as they were born commonwealth islands.I hold a British Overseas birth certificate so my birth is registered withe the GRO.The thing is why must I be different to my siblings.

BritInParis

Which Commonwealth islands? Jamaica, Trinidad and Tobago, the Bahamas...?

Do you mean you holds a British Overseas Citizen passport or a British consular birth certificate? In your passport, what exactly is your nationality described as? What does your birth certificate say exactly at the top?

Historicalinjustice

st.vincent and st,lucia.my BC has CERTIFIED COPY OF AN ENTRY
REGISTRATION OF BIRTHS,DEATH AND MARRIAGES (SPECIAL PROVISIONS)ACT 1957.Last passport is caribbean,expired in 2011.That is what the UKBA is basing everything on.

Historicalinjustice

It is a British birth certificate

BritInParis

Okay, so both Saint Vincent and the Grenadines and Saint Lucia didn't gain their independence from the UK until 1979. This means that both your parents were Citizens of the United Kingdom and Colonies by birth at the time of your birth in Germany in 1972. This means that you were born a Citizen of the United Kingdom and Colonies under the British Nationality Act 1948 and this is why your birth was able to be registered with the General Register Office and you were issued a British military birth certificate.

When Saint Vincent and Saint Lucia became independent countries in 1979 all those who were born Citizens of the United Kingdom and Colonies through their connection to those colonies and who gained the citizenship of the new independent country would automatically lose their CUKC status.

There were certain exceptions to this which can be found here. From what you say it's unlikely that any of these would apply to you unless your paternal grandfather was born in a place which remained part of the United Kingdom and Colonies after 1979.

Your siblings remained CUKCs after independence because they were born in the UK. This also meant they became British citizens on 1 January 1983 when the British Nationality Act 1981 came into force.

You say your parents never returned to the Caribbean. Are they still alive and living in the UK now? If so, what's their status? Which passports do they hold?

Historicalinjustice

Parents both dead.I know my dad had a british passport after independance meaning I would be british but he lost that passport on a visit to st.lucia and got a st.lucian one to return and then since then he never reapplied for another british passport..the passport office has a trace of his passport and not the actual passport obviously because he lost it but with no evidence they say I have no claim.But then isnt it infair that i have to lose my citizenshop because i was born while Dad was posted overseas.

BritInParis

Your father's passport record should state his entitlement to British citizenship under British nationality law. If you can find that out then you may be able to prove that you are in fact a British citizen. If you haven't already done so I would make a Subject Access Request to Her Majesty's Passport Office for the release of your father's passport information. Specifically you should request information on when and how he become a British citizen or remain a Citizen of the United Kingdom and Colonies after independence, i.e. the Section of the Act of Parliament.

Normally your father would need to make the request himself but seeing as he is deceased and the information you are requesting affects you directly HMPO should release the information you are requested. The cost of making a request is £10.

It may be a good idea to call them first and explain the situation and see exactly what they will need from you. Their number is 01733 888242.

https://www.gov.uk/government/public...s-request-form

Historicalinjustice

You have been extremely helpful.I will do that right away.thanxs a miĺlion.

michali

BritInParis, your posts are SO helpful!

spouse of scouse

Indeed they are. Huge BiP fan here