Citizenship passed on from parents/perm residence/spouse

[MicaelP]

Hello, I am a US citizen born to a British father and American mother.

I was born in the US but have lived in the UK and had ILR in the UK for 30 years.
I am married to a British Citizen.

Due to increased pressure from border control each time I come home I want to pursue British Citizenship, however I'm shocked at the ~£1k cost to do so. I have read differing rules regarding citizenship by decent and the current rule stating that the mother being a british citizen gives me citizenship, but previously this was passed from the father. If there is no other way than pay £1k then I will probably look to getting an ILR certificate as they do not stamp passports with ILR any more.

Hope someone can shed some light.
Thanks

[secret.simon]

As your father is British, you might be able to claim British citizenship by descent. In order for us to assist you further, we would need further information.

a) Can you advise us of your year of birth?
b) Were your parents married at the time of your birth?
c) At what age did you move to the UK?

In my journey through a work visa and eventually citizenship, I have paid upwards of 12k to the Home Office in fees. And that is for a single applicant, after doing all the paperwork myself; i.e. without going through a solicitor. I faintly recall reading somewhere that the Home Office is one of the few departments of state that makes money (apart from HM Treasury, that is).

As for the ILR certificate, are you referring to a Biometric Residency Permit (BRP) card? I'm not aware of an ILR certificate.

Once you are a citizen (either by descent or through naturalisation), you can ask for a Certificate of Entitlement for Right of Abode in the UK to be stamped into your US passport, rather than applying for a UK passport.

[MicaelP]

Thanks Simon

Year of birth 1977, parents were married and I moved to the UK aged 7. I have a letter from the home office granting ILR/advisement of border control to stamp my passport.

In comparison to staying as I am, getting grief from boarder control and continuing to renew my US passport, or even getting one of the new ILR certificates (£144) is considerably cheaper!

[Lucapooka]

Due to increased pressure from border control each time I come home

Such as? What are you referring to? If you are domiciled in the UK there should be no problem; if you are domiciled in the USA but make a cursory short visit to the UK simply to retain your ILR, then, yes, I can see you being questioned, but even so, you can't be refused unless you overstep the 2 year absence threshold. There is no need to naturalized over a few short (and necessary) questions on arrival!

I'm also baffled as to why you have ILR rather than being a British citizen by descent; was your father born outside the UK?

[secret.simon]

I am no expert and would defer to others on this forum far more informed that I, but I would say that given the circumstances, you likely are British by descent, provided you can prove that your father is British. It would help if he was born within the UK himself.

Have a look at Page 2 of the Guide for Form NS (https://www.gov.uk/government/uploads/s ... update.pdf). You can look at submitting that form for the Home Office to rule on whether you are British by descent or not.

I would wait for further responses on this forum before taking any course of action.

[MicaelP]

I have always had ILR stamp transferred to my new US passport until my last one a couple of years ago. When coming back to the UK on my latest passport I was told I could no longer have ILR stamped by border control and I would either have to send my passport away or always carry my old passport as proof.

Whenever I re-enter the UK from visiting family in the US or even European holidays I am always questioned as to why I don't have a British passport despite living in the country so long and what gives me the right to live in this country. The prompt to get something sorted is from my last recent trip out of the country where I entered passport/border control in Dublin en route back home to the UK. The agent there was very unhappy with letting me through as my previous passport is damaged although the photo matches (clearly it's me) and the ILR stamp is clearly visible. The replacement passport was due to the damage but has since expired anyway.

[MicaelP]

And yes, sorry my father was born in the UK. I am awaiting a certified birth certificate (he lives back in the US now).
My home is the UK and has been since 1985.

[Lucapooka]

Your paperwork is not legible. That's why they challenge you rather than for only having ILR. Most US citizens living in the UK do not naturalize so it's not an issue to stay with ILR rather than apply for naturalization. In any case, you are already British by descent and have been living under misinformation for most of your life.

[secret.simon]

I would say that it is fairly certain that you are British by descent and should be able to apply directly for a UK passport on the basis of your father's birth certificate and your birth certificate.

It does mean that your children are not British, unless they were born within the UK or have claim under another pathway to citizenship.

On a point of interest, what is the basis of your ILR?

[MicaelP]

In any case, you are already British by descent and have been living under misinformation for most of your life.

I totally agree Lucapooka!

The people who I have asked for advice who should really know have not helped at all, most recently nationality enquiries email and the nationality checker webpage gov.uk have had made (says I am not british by descent as my mother isn't british).

[MicaelP]

Hi Simon

ILR was granted by the home office and my circumstances are shown on the letter as "accompanying parents" - not sure what my mother's letter said and I can't ask her as she's no longer with us.

My father didn't need one as he is a British Citizen.

[MicaelP]

Thanks Lucapooka and secret.simon for your advice, will investigate the above once I get a copy of my fathers BC.

[vinny]

In any case, you are already British by descent and have been living under misinformation for most of your life.

Agree.

[MicaelP]

Thanks Vinny, this would apply to me I would imagine, as I didn't "settle" in the UK until 1985.

2.2.3.2 The first addition is set out in s.11(3). This provides that anyone registered
under s.12(6) of the British Nationality Act 1948 on the grounds of descent in the
male line from a person born or naturalised in the United Kingdom became a British
citizen on 1 January 1983 whether or not he or she had the right of abode
immediately before that date.

[MicaelP]

But on this flowchart, I fail at the 1st hurdle!

https://www.gov.uk/government/uploads/s ... nexe_E.pdf

[MicaelP]

This may be more relevant?

https://www.gov.uk/government/uploads/s ... her___.pdf

[vinny]

I don't think that 11(3) is applicable, as you are not British by registration. You were automatically a citizen of the United Kingdom and Colonies by descent because your father was born in the UK and a citizen by birth. Therefore, 11(1) is applicable. Therefore, you are automatically a British citizen by descent now. The flowcharts should agree.

[MicaelP]

Thanks to all of you for your replies and helpful information - it prompted me to finally bite the bullet and I knew I had no travel plans for a while so could do without my US passport. I applied mid February and was amazed to get my UK passport and official "British Citizen" status in 11 days (including weekends), much quicker than the 6 weeks quoted for first time applicants.

I have since used it on a European trip and was even invited to do the biometric check on my return to the UK.

Thanks again to all who replied