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Have you checked HO guidance:nicostenum wrote:Hi, I need some help regarding if I'm British or not. I've tried almost everything but did not get much help.. The case is:
I'm 22 years old. I'm born in the UK to a British father and a danish mother in 1993. They were NOT married. I've got a British birth certificate and National Insurance number.
As my mum and dad split up when I was very young, my mum took me to Denmark where I'm rasied and got citizenship here.
But as I grow older I want to know more about my British past, and if I'm already British?
Thank you.
However now also see page 11 ...Children born before 1 July 2006 whose parents were not married could only derive British
citizenship through their mothers.They could not benefit from their father’s British citizenship unless their parents married a later date and the birth was “legitimated”
Alternately, as your mother is an EEA national, another route to look into ...There are provisions in place for children born before 1July 2006 whose parents were not married.
A child born before 1 July 2006 who would have become British automatically had his or her parents been married can apply for registration under section 4G – see Guide UKF.
A child born before 1July 2006 who could now meet the requirements for section1(3), 3(2) or section 3(5) had his parents been married can apply under section 4F, using Form MN1.
A child born before 1 July 2006 to unmarried parents who would not have had an automatic claim to citizenship, or an entitlement to register under one of the above sections, had his parents been married, can apply for registration under section 3(1) which is at the Home Secretary’s discretion.
Best of British luck.A child born in UK before 2/10/2000 to an EEA national parent will be a British citizen if the parent was exercising EC Treaty rights at the time of birth
Registering as a British Citizen
On 6 April 2015 section 65 of the Immigration Act 2014 comes into force. It amends the British Nationality Act 1981. The changes correct some of the present day effects of the discriminatory nature against those who were born “illegitimate” or “out of wedlock” prior to 01 July 2006 by allowing many persons born before that date who were unable to acquire British citizenship through their British fathers because their British fathers were not married to their mothers to register as British citizens now.
The new form UKF can be found here (click).
You can yes, unless the other bit that noajthan has said applies but doesn't sound like it if your mother moved back to Denmark when you were still young.nicostenum wrote:Thank you..
But now I'm a bit more confused.. Does that mean I have to film out the UKF form?
You could apply via NCS at your local council - they sanity-check your application & copy your documents & send the bundle off to HO;nicostenum wrote:Thank you all.
I just have a problem with the UKF form.. I cant send my danish passport as I use it often.. Can I send an expired or copies?
Thank you.CR001 wrote:I have seen posts where people send certified or notarised copies. Do you have an EU ID card (not sure what they are called)?
This thread UKF Form Applications (click) might be of interest to read and follow.
Yeah, I also read that..CR001 wrote:NCS is not available for UKF (or UKM) applications. HO needs to see the original documents (birth certificates etc) to authenticate them.
There is a question that should have been asked before this thread turned to a UKF application.nicostenum wrote:I'm 22 years old. I'm born in the UK to a British father and a danish mother in 1993. They were NOT married. I've got a British birth certificate and National Insurance number.
I think talk of treaty rights is a red herring in this case. The OP was born in 1993, and the EEA came into existence on 1 January 1994.noajthan wrote:Alternately, as your mother is an EEA national, another route to look into ...Best of British luck.A child born in UK before 2/10/2000 to an EEA national parent will be a British citizen if the parent was exercising EC Treaty rights at the time of birth
But before 'EEA' there was 'EU' and Denmark's accession date (to EU) was: 1 Jan 1973TheMouseReturns wrote:I think talk of treaty rights is a red herring in this case. The OP was born in 1993, and the EEA came into existence on 1 January 1994.
Agree, but most people wouldn't think to keep the type of records he would need from 22 years ago to prove 'activity'.noajthan wrote: If OP has adequate supporting evidence of mother's activity in UK (at time of OP's birth) then this could be a viable route to shoot for passport directly.
Granted - but it's an option.CR001 wrote:Agree, but most people wouldn't think to keep the type of records he would need from 22 years ago to prove 'activity'.noajthan wrote: If OP has adequate supporting evidence of mother's activity in UK (at time of OP's birth) then this could be a viable route to shoot for passport directly.
Yup, I am a hoarder of important papers toonoajthan wrote:For example, in the words of my wife whilst surveying the file boxes stashed under the stairs
"why do we need all this cr*p from 19-forgotten?"
The EU came into existence via the Maastricht Treaty, which became effective on 1 November 1993.noajthan wrote:But before 'EEA' there was 'EU' and Denmark's accession date (to EU) was: 1 Jan 1973TheMouseReturns wrote:I think talk of treaty rights is a red herring in this case. The OP was born in 1993, and the EEA came into existence on 1 January 1994.
If you were born in the UK or a qualifying territory wrote:If your parents are citizens of the European Economic Area (EEA)
If you were born in the UK on or after 1 January 1983 but before 2 October 2000, you are a British citizen if, at the time of your birth, either of your parents was an EEA citizen who was exercising Treaty rights under European Community (EC) law. This is because your parent's stay is regarded as having been free of a time limit under immigration laws.
Wow thank you!! That will almost sort everything out. My father is born in Ghana, so I still hope they can find the documents.CR001 wrote:You only need his birth certificate and if you have his name, DOB and where he was born, you can order his birth certificate online and they post it to you. http://www.gro.gov.uk
Well Ghana was under British control at that time my dad was born and gave British citizenship to alot of people in Ghana. So my father got his citizenship at birth or when he moved to the UK when he was 3 years old. That I have to find out..CR001 wrote:You said your father was British. How did he become British and when did he become British?
The gro website is for British born parents. You should have mentioned that he was not British born.
It may have been under British control, but it was not a part of the United Kingdom. So, your father may have had some form of British nationality, but not British citizenship after 1983, when the laws on British nationality changed.nicostenum wrote:Well Ghana was under British control at that time my dad was born and gave British citizenship to alot of people in Ghana. So my father got his citizenship at birth or when he moved to the UK when he was 3 years old.
Well, he has a British passport and never left the uk. He has other childs than me with a eastern european woman and that child is British at birth.secret.simon wrote:It may have been under British control, but it was not a part of the United Kingdom. So, your father may have had some form of British nationality, but not British citizenship after 1983, when the laws on British nationality changed.nicostenum wrote:Well Ghana was under British control at that time my dad was born and gave British citizenship to alot of people in Ghana. So my father got his citizenship at birth or when he moved to the UK when he was 3 years old.
If you wish us to assist you in finding out whether your father was a British citizen, can you advise us of the following?
Did your father have a British passport? If so, what citizenship does it describe him having? He may have only a British Overseas citizenship, which does not give the holder the right to live in the UK.
When was your father born? Where was his father born? And was your paternal grandfather employed by the UK Crown Service (not of the Gold Coast/Ghana)?
You mentioned that he moved to the UK at the age of three. Why did he move to the UK? And how long did he stay in the UK for? Was he registered as a British citizen while he was in the UK? The GRO will likely have a copy of his registration documents if he was registered as British.
I am merely pointing out that as he was not born in the UK,his claim to British citizenship and your claim to it through him will need to be examined thoroughly.nicostenum wrote:Well, he has a British passport and never left the uk...
Thank you. But he IS British and has the right to live there fully forever.