J. Sassi

Hi,
I have been interested in obtaining any type of status in the UK which would allow me to move there and work for a year or two. However, it always seems to elude me. For one, I am born in the USA in the 1950s and my mother was British-born but married an American. She still has dual citizenship, but I have been told repeatedly that because it was my mother and not my father who was British, I cannot qualify for citizenship by descent.
I see the rules changed recently for those born from 1961 on, but that does not help me (1955).
What can I do to get some kind of UK status?

J. Sassi

Bob

I'm sure you should be able to get citizenship through decent, maybe your mother wasn't actually born in the UK for her citizenship?

Anyway, check this site for more info:
http://www.britainusa.com/Visas/visas.asp

J. Sassi

[QUOTE=Bob]I'm sure you should be able to get citizenship through decent, maybe your mother wasn't actually born in the UK for her citizenship?

I'm quite certain she was born in the UK, Bob. I have her birth certificate and I helped her renew her passport two years ago.

Don

Ask Big Jez (JAJ), sometimes helps

JAJ

Unfortunately the change in the rules doesn't help you as you were born before 1961. Also, you can't qualify for Right of Abode or the Ancestry visa as you're a US citizen and not Canadian, Australian or Kiwi (Commonwealth nations).

You're really in no better a position vis-a-vis UK immigration as the average US citizen. The only chink of light would be if you have an Irish or Northern Irish born parent or grandparent (either side), in which case you could claim Irish citizenship and use this to move to the UK, and become a naturalised British citizen in due course.

Of course, if you migrated to Canada (for example) and became a naturalised Canadian, then assuming you have a UK born grandparent you could then apply for the UK Ancestry Visa - assuming rules stayed unchanged. The Ancestry Visa lets you work in Britain for 4 years, after that you get permanent residency and after a further year (5 in total) you can apply for naturalisation as a British citizen.

If neither of these two options looks feasible, then you have to look at the regular migration routes into the UK (none of them easy) like a work permit or HSMP.

Jeremy

J. Sassi

THANKS JEREMY. I've already researched my grandparents -- both British-born, and one great-grandparent (Irish but no records available, dead for a long time and we don't even know where he was born).
I am also thinking of applying for the passport, being rejected and getting a lawyer to challenge the current rule (those born before 1961 must have a British Father, not British Mother).
What do you think of that idea? Waste of time? Money?
J. Sassi

Unfortunately the change in the rules doesn't help you as you were born before 1961. Also, you can't qualify for Right of Abode or the Ancestry visa as you're a US citizen and not Canadian, Australian or Kiwi (Commonwealth nations). You're really in no better a position vis-a-vis UK immigration as the average US citizen. The only chink of light would be if you have an Irish or Northern Irish born parent or grandparent (either side), in which case you could claim Irish citizenship and use this to move to the UK, and become a naturalised British citizen in due course. Of course, if you migrated to Canada (for example) and became a naturalised Canadian, then assuming you have a UK born grandparent you could then apply for the UK Ancestry Visa - assuming rules stayed unchanged. The Ancestry Visa lets you work in Britain for 4 years, after that you get permanent residency and after a further year (5 in total) you can apply for naturalisation as a British citizen.
If neither of these two options looks feasible, then you have to look at the regular migration routes into the UK (none of them easy) like a work permit or HSMP. Jeremy[/QUOTE]

Bob

Isn't the Irish passport thing getting tightened up so you have to be resident to get one from next year?

JAJ

Absolutely not. Have you got any reference?

What is changing is that from next year, birth in Ireland will not automatically confer citizenship - one parent will have to be an Irish citizen, permanent resident (incl British citizens and UK permanent residents), or legally resident for over three years there.

Following legislation a few years ago, it will also not be possible to apply for citizenship by marriage after 30 Nov 2005.

The rules for citizenship by descent are not changing, nor are the naturalisation rules.

Jeremy

JAJ

A waste of time and money. Parliament has clearly legislated that way, and courts will not over-rule clearly stated statutes.

It would be more productive to try to persuade opinion formers in the UK to at least allow more access to immigration visas for those with British ancestry from non-Commonwealth countries.

Irish citizenship by descent requires an Irish or Northern Irish born grandparent - a great-grandparent will generally not do.

Jeremy

Bob

I didnt' realise you would still be able to get citizenship that many generations down the line, I thought that was being tightened up as well, I guess not then