So confused about partner citizen status

[Michellemarcus]

Help!!!

Me and my partner want to take my little boy on holiday out of the uk, my partner was born in 1984 to a Kenyan born mother who came to England with her parents as a little girl, he has an English father who were NOT married.
His mother passed 11 years ago so we are unable to get any paperwork from her about her status in the uk and he only ever met his father a few times so we have no way of contacting or tracking him down as we don't know his date of birth.
Anyway is there anyway of getting a passport without applying for British citizenship, is there a way of proving his mother was settled in the uk which means that he would become British citizen when born?
Is there any documents we could track down and where would we look for them to sort this mess out?

[JAJ]

He needs to either show that his mother was a British citizen/settled when he was born or apply to register as a British citizen- in order to get a British passport.

His mother might (or might not) have an immigration file in Home Office archives somewhere, or an arrival record at the National Archives. And perhaps he could research enough details about his father to apply for citizenship on that basis- are the father details on his birth certificate?

But realistically- if he has no details of either his mother or father then the simplest approach is likely to be to apply for registration as a British citizen on Form T: https://www.gov.uk/government/publicati ... zen-form-t

There is a fee- but perhaps consider it a time vs. money trade-off versus pursuing other options.

[Michellemarcus]

How would we go about checking out f the home office had any of these files?
We have his birth certificate but it only shows his fathers name and where he lived at that time.

We are willing to apply for citizenship but we're thinking if she was already settled then maybe there was anyway to get hold of documents that proved his mum was settled within the uk before going through the citizenship channel.

He's been treated as British all his life, British birth certificate, British driving licence, has a national insurance card and number, pays his taxes on his job but yet he's not British citizenship,

[vinny]

SAR?

See also Suprised Brits.

[JAJ]

How would we go about checking out f the home office had any of these files?
We have his birth certificate but it only shows his fathers name and where he lived at that time.

We are willing to apply for citizenship but we're thinking if she was already settled then maybe there was anyway to get hold of documents that proved his mum was settled within the uk before going through the citizenship channel.

With great difficulty, most likely. There may not be any file in the first place (if his mother was admitted as a tourist, for example) and even if there was one, it may have been lost or destroyed a long time ago. Someone mentioned a Subject Access Request but that will likely only work if there are enough supporting details (mother's Home Office reference number, date of birth, etc.) and they may refuse to release any information to him because he is not the person to whom the data relates.

Does he have these details about his mother and her parents- dates/places of birth, how/when they arrived in the U.K., were they on Kenyan or British colonial/overseas passports, and so on?

Regarding his father- so he doesn't know his father's date/place of birth? That would be enough to get a copy of the father's birth certificate (if U.K. born) which could then be used to support an application for British citizenship under form UKF.

He's been treated as British all his life, British birth certificate, British driving licence, has a national insurance card and number, pays his taxes on his job but yet he's not British citizenship,

And without any proof of British citizenship or immigration status, he's at risk of losing his job, driving licence, etc. if his lack of status comes to anyone's attention.

Which is why there probably isn't a lot of time to spend trying to find mother's immigration file- possibly non-existent- and instead go ahead with a Form T application for registration where at least there appears to be a clear pathway to British citizenship. All he needs to evidence is his own U.K. birthplace plus information showing he lived in the United Kingdom until age 10.

[Michellemarcus]

We know his father was born in Birmingham uk but that's all he is British citizen, we have no details of how his mother or grandparents came to the country but we know she was on benefits while taking care of her children but no nothing about her immigration status.

Could they really try and send him out of the country?

What is the t form for will that make things easier for us?

Thank you for all ur help I'm just so confused with it all

[JAJ]

We know his father was born in Birmingham uk but that's all he is British citizen,

If you have his name and (approximate) age and (approximate) place of birth you may still be able to track down his birth certificate. Perhaps contact the General Register Office for England and Wales: https://www.gov.uk/general-register-office

If you can find his father's birth certificate, then perhaps apply for British citizenship on form UKF:
https://www.gov.uk/government/publicati ... n-form-ukf

we have no details of how his mother or grandparents came to the country but we know she was on benefits while taking care of her children but no nothing about her immigration status.

Could they really try and send him out of the country?

Not really. In any case- he's not a citizen of any other country it seems so there's no other place he can be sent to. However, he could lose his job- or be unable to join a new employer- if he cannot evidence his status in the United Kingdom. Although- in theory- if he has a U.K. birth certificate and National Insurance card/document he may be ok in short term but should not take any chances. He could also find his driving licence revoked, be unable to claim benefits, or have problems opening bank accounts or renting property.

What is the t form for will that make things easier for us?

https://www.gov.uk/government/publicati ... zen-form-t
Application to register as a British citizen- Form T.