coppertopchris

Only returned for family visits. No she wasn't stamped in and we were unfortunately aware of the expiry. Cost and other factors meant she disdid apply for full citizenship after being there over 10 years.

BritInParis

Ah, I see. I presume her ILR was granted before 2007? Was she on a spouse visa previously?

coppertopchris

Yes before 2007 and we got married only a few years ago.

ononno

Hello, and thanks in anticipation for any help. Am very impressed by the wealth of knowledge in this section.
My grandaughter has been living in London since October 2014, in paid employment, paying NI contributions, utilities, rent etc.
Her father was a British citizen, but she was born in Italy, and travels/lives on Italian ID card and passport.
It was her intention to apply for British citizenship after completing 5 years residence.
She is currently in Italy since early this month, and now needs to stay for an indefinite period due to losing her father.
If she decides to return to UK in say 6/9 months time to return to her well paid London job, would she have to start from 0 to gain 5 years residence??
Many thanks,
'o nonno

Geordieborn

'o nonno, have a look at this UKgov page, it may answer your query.

ononno

Many thanks for your reply. Just what I needed being a bit pea brained nowadays.
'o nonno.

BritInParis

Was her father born in the UK? If so why she is not a British citizen already?

BritInParis

An interesting situation as your wife falls between two stools. Returning before 29 March would be your best bet although if the transition period goes ahead then she would have until 31 December 2020.

ononno

Her father was born in Italy, and was registered by me at the then British Consulate in Naples as a British citizen. At age 18, he had to make the choice between Italian and British citizenship. After having spent summer school holidays working in the UK, and a longer experience after the '80 earthquake, he chose Italian because he'd suffered some 'racial' quips during his stays in the UK.
Later in life he applied for and received a British passport, but failed to register his daughters birth in Naples in 1993. In any case citizenship laws had been changed, and 2nd. generation children appear to no longer have 'grandfather' rights.
From the thus far helpful replies I have had from you all, it would seem she has until 30 June 2021 to sort herself out, and that if she needs to spend the current year here in Italy, she could do so without losing UK residence time so far accumulated.
We're all a bit in shock, so I have to do what little I can to help the grandchildren out.
Many tthanks,
'o nonno

BritInParis

I'm not sure where you got 30 June 2021 from; your granddaughter shouldn't spend more than six months outside the UK in any given twelve month period if she has yet to achieve EEA PR. Any status derived from EEA freedom of movement rules will cease no later than 31 December 2020 based on the current transition period plans and may cease as earlier as 29 March 2019 should the negotiations collapse and the UK enters a 'no deal' scenario.

I am sorry to hear about your loss of your son. Can I ask whether both you and his father were British citizens at the time he was born? Which year was he born and what were you and his father's occupations at the time of his birth?

ononno

No. 2 son, her father, was born in Italy 14 March 1964.(died 01/06/2018) I was and am a UK born British citizen. My occupation at the time was hotel concierge. Why would that be relevant?
Thought I'd cracked it, what have I missed?
Thanks ffor your help.
'o nonno

BritInParis

Some employment, government or similar, can mean that you are able to pass on British citizenship for a second generation abroad.

If your son had lived in the UK for at least three consecutive years before his daughter’s birth then he could’ve registered her as a British citizen before she turned 18. That is no longer an option as she is now over 18.

Best thing to do now is return to the UK as soon as possible, apply for EEA PR in October and naturalise in her own right before the end of March 2019. That way she will be exempt from any possible fallout from Brexit.

ononno

Thanks for your input everybody, all useful.
We had in fact workd that bit out before he left us. His own citizenship/passport experiences would need a book to relate them.
ciao for now,
'o nonno