Immigration Advice

KingstonSeagull · Jul 21, 2016

Not sure if anyone can help with this one but here goes.

So my Girlfriend is currently here on a student visa and has been for over 3 years from the United States, she informs me that as her father holds a UK passport and she has resided in the UK for 3 years she is now entitled to a British Passport. Could anyone please advise as to what process needs to be undertaken in order for her to receive a Passport?

Thank you in advance. :albion2:

Goldstone1976 · Jul 21, 2016

Get her to call the passport office, perhaps? 0300 222 0000

Paul Reids Sock · Jul 21, 2016

I have only had a quick look online so could be wrong but -

It would appear that first she will have to apply for citizenship. The gov website states that only citizens can apply for the passport.

https://www.gov.uk/apply-first-adult-passport

https://www.gov.uk/types-of-british-nationality/british-citizenship

wellquickwoody · Jul 21, 2016

BREXIT!!!!!!!!! Get the foreigners out, be orf with you surly Sceptic types, GGRRRRRRR!!!!!!

NooBHA · Jul 21, 2016

Be prepared for a large fee. It costs a few thousand quid

Eeyore · Jul 21, 2016

She may already be regarded as a British citizen ‘by descent’. This depends on whether she was born from 1983 onwards.

If so, then it is my understanding that she can claim citizenship, on account of her Dad.

Any children you have abroad may not qualify.

But let's not jump the gun....

KZNSeagull · Jul 21, 2016

You will need to check with the Home Office as do I when I want to return to the UK.

I have found this regarding children under the age of 18:

British citizenship may descend to one generation born abroad. So a child bornabroad to a parent who is British otherwise than by descent will automatically beBritish by descent.

My reading of that is that my youngest son, born in SA to British otherwise by descent parents, is automatically "British by descent". So I do not think he will have a problem getting a British passport. If that logic is correct, if your gf's father was British (not British by descent ie born in the UK to British parents, not outside the UK to British parents), then your gf should already be British by descent.

But this may only apply to under 18's so phone the home office! Or try this: https://www.gov.uk/check-british-citizen

KingstonSeagull · Jul 21, 2016

KZNSeagull said:
You will need to check with the Home Office as do I when I want to return to the UK.

I have found this regarding children under the age of 18:

British citizenship may descend to one generation born abroad. So a child bornabroad to a parent who is British otherwise than by descent will automatically beBritish by descent.

My reading of that is that my youngest son, born in SA to British otherwise by descent parents, is automatically "British by descent". So I do not think he will have a problem getting a British passport. If that logic is correct, if your gf's father was British (not British by descent ie born in the UK to British parents, not outside the UK to British parents), then your gf should already be British by descent.

But this may only apply to under 18's so phone the home office! Or try this: https://www.gov.uk/check-british-citizen

I think her Father was British by descent so I am not sure where that leaves her, I am pretty sure she is eligible, I am also pretty sure it is going to be a ball ache amount of paper work and red tape hence why I have been tasked with sorting it.

KZNSeagull · Jul 21, 2016

KingstonSeagull said:
I think her Father was British by descent so I am not sure where that leaves her, I am pretty sure she is eligible, I am also pretty sure it is going to be a ball ache amount of paper work and red tape hence why I have been tasked with sorting it.

In which case, using that link I just sent you, no, she is probably not British. If you then click the link that says "become a British citizen through naturalisation" it says you must have been in the UK for at least 5 years. Unless she is your Civil Partner, in which case it is 3 years.

Good luck - looks like a hideous nightmare of red tape!

Worried Man Blues · Jul 21, 2016

My Mrs is Canadian, has been over here 30 years or so. Dumped her dual citizenship a couple of years ago and just has a GB passport. Last year she had problems visiting her family in Canada they didn't want to let her in although she was born there!!! Suggest she trys to hang onto both.

KingstonSeagull · Jul 21, 2016

Worried Man Blues said:
My Mrs is Canadian, has been over here 30 years or so. Dumped her dual citizenship a couple of years ago and just has a GB passport. Last year she had problems visiting her family in Canada they didn't want to let her in although she was born there!!! Suggest she trys to hang onto both.

That was the hope.

knocky1 · Jul 21, 2016

wellquickwoody said:
BREXIT!!!!!!!!! Get the foreigners out, be orf with you surly Sceptic types, GGRRRRRRR!!!!!!

I like that one. A sceptic tank. A cynical American.

maffew · Jul 21, 2016

KZNSeagull said:
You will need to check with the Home Office as do I when I want to return to the UK.

I have found this regarding children under the age of 18:

British citizenship may descend to one generation born abroad. So a child bornabroad to a parent who is British otherwise than by descent will automatically beBritish by descent.

My reading of that is that my youngest son, born in SA to British otherwise by descent parents, is automatically "British by descent". So I do not think he will have a problem getting a British passport. If that logic is correct, if your gf's father was British (not British by descent ie born in the UK to British parents, not outside the UK to British parents), then your gf should already be British by descent.

But this may only apply to under 18's so phone the home office! Or try this: https://www.gov.uk/check-british-citizen

If you want me to put you in touch with a Visa/Immigration person mate let me know, shes based down in here in Durban and is wonderful

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