ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

british or not

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

rachel29
Junior Member
Posts: 65
Joined: Wed Sep 21, 2011 11:34 am

british or not

Post by rachel29 » Thu Jul 25, 2013 12:30 pm

if you are entitled to british citizenship by birth but have never claimed it ie no passport, but have other eu citizenship and passport can uk immigration class you as dual british or will they class as eu citizen?

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Re: british or not

Post by Jambo » Thu Jul 25, 2013 12:39 pm

Not having a passport doesn't mean you are not British. Following the changes in July 2012, a dual British national can't use his other EU nationality for immigration purposes. He can use his British citizenship if he returns after working in another EEA state (Surinder Singh). The application form specially asks if you are also British.

See also - Also British, Only British.

EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 8:22 pm

Re: british or not

Post by EUsmileWEallsmile » Thu Jul 25, 2013 10:02 pm

rachel29 wrote:if you are entitled to british citizenship by birth but have never claimed it ie no passport, but have other eu citizenship and passport can uk immigration class you as dual british or will they class as eu citizen?
Entitled to be British does not necessarily mean that one is British. Some will automatically acquire British citizenship, the specifics may be important.

rachel29
Junior Member
Posts: 65
Joined: Wed Sep 21, 2011 11:34 am

Post by rachel29 » Thu Jul 25, 2013 11:35 pm

born to a british parent in other eu country?

has duel nationality and has other eu country passport

Amber
Moderator
Posts: 17483
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Post by Amber » Fri Jul 26, 2013 7:57 am

Was the parent British by descent or British otherwise than by descent?
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

rachel29
Junior Member
Posts: 65
Joined: Wed Sep 21, 2011 11:34 am

Post by rachel29 » Fri Jul 26, 2013 10:04 am

descent

Amber
Moderator
Posts: 17483
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Post by Amber » Fri Jul 26, 2013 10:08 am

Then the child is not British automatically, subject to the nationality of the other parent (I assume not British).
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 8:22 pm

Post by EUsmileWEallsmile » Fri Jul 26, 2013 6:26 pm

rachel29 wrote:descent
I am just checking in that you know what this means? What I'd tried to allude to earlier, is that the specifics of the case might be important. One way of definitively answering your question was for you to post them.

Anyway, if your question has been answered, good.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: british or not

Post by Obie » Fri Jul 26, 2013 7:37 pm

rachel29 wrote:if you are entitled to british citizenship by birth but have never claimed it ie no passport, but have other eu citizenship and passport can uk immigration class you as dual british or will they class as eu citizen?
Well if a British passport has not been applied for due to lack of knowledge or willingness, then that person can say they they are not British. In those circumstances stating on an application form that one does not hold a British nationality, may not be considered as deception.

Not everyone is required to know the 1981 act inside out. Neither is it the case, where it could be reasonably said, that ignorance of the law is not a defense.

People in N. Ireland can do this.
Smooth seas do not make skilful sailors

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Re: british or not

Post by Jambo » Fri Jul 26, 2013 9:53 pm

Obie wrote:In those circumstances stating on an application form that one does not hold a British nationality, may not be considered as deception.
Filling in the form is not mandatory. One can just ignore the question. Would that be deception?

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: british or not

Post by Obie » Fri Jul 26, 2013 10:28 pm

Jambo wrote: Filling in the form is not mandatory. One can just ignore the question. Would that be deception?
Perhaps, i should live that to your imagination.
Smooth seas do not make skilful sailors

EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 8:22 pm

Post by EUsmileWEallsmile » Fri Jul 26, 2013 10:46 pm

I'm not sure if we understand the OP's situation or intentions.

It is never good to deceive, but I don't think anyone had actually suggested that.

rachel29
Junior Member
Posts: 65
Joined: Wed Sep 21, 2011 11:34 am

Post by rachel29 » Fri Jul 26, 2013 11:11 pm

ok I am british by birth . I had my child in ireland so my daughter is entitled to british citizenship but what type would this be classed as?

I am now concerned do I need to register my child anywhere?

I never registered my first child and they were given passport with out any query or additional documents.

Will there children be entitled to british citizenship as the law stands now?

I am sure I contacted embassy when my first child was born and they said they did not register because is close connections with uk.

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Fri Jul 26, 2013 11:53 pm

rachel29 wrote:ok I am british by birth . I had my child in ireland so my daughter is entitled to british citizenship but what type would this be classed as?
Assuming you are British from birth and born in the UK, then your children (no matter where they are born) are not entitled to BC but already BC from birth. If born abroad, they would be British (from birth) by decent.
I am now concerned do I need to register my child anywhere?

I never registered my first child and they were given passport with out any query or additional documents.
No need to register them. They are British from birth and can apply at any time for a British passport.
Will there children be entitled to british citizenship as the law stands now?
As they were born outside the UK, they can't pass their British citizenship to their children (your grandchildren) if the children are also born abroad (only one generation abroad is allowed). If their children (your grandchildren) would be born in the UK (and not abroad), the children (your grandchildren) would be British.

So your original question was about how the UK would classify your children? They would be dual nationals - Irish and British

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Sat Jul 27, 2013 12:38 am

When you lived in Ireland, did you work there? was your husband living there with you?
Smooth seas do not make skilful sailors

rachel29
Junior Member
Posts: 65
Joined: Wed Sep 21, 2011 11:34 am

Post by rachel29 » Sat Jul 27, 2013 11:14 am

no not working

and yes both living together and still are in ireland at present

rachel29
Junior Member
Posts: 65
Joined: Wed Sep 21, 2011 11:34 am

Post by rachel29 » Sat Jul 27, 2013 11:54 am

so by me being put in the situation of having my children in uk with out there dad being there for the birth or moving and my husband being able to be there . This means that in futre my grandchildren could need to get visas to come to UK?

dalebutt
Senior Member
Posts: 868
Joined: Wed Jul 20, 2011 9:48 pm

Post by dalebutt » Sat Jul 27, 2013 1:58 pm

In any event, your grandchildren will have Irish citizenship, they wouldn't need a visa to enter the UK.

rachel29
Junior Member
Posts: 65
Joined: Wed Sep 21, 2011 11:34 am

Post by rachel29 » Sat Jul 27, 2013 4:17 pm

yes by chance we moved to ireland and they get citizenship but if we had stayed in the original country we went to they would not . I was told to go and live in other country by uk and this means it highly likely my grandchildren will not get british citizenship because of this.

EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 8:22 pm

Post by EUsmileWEallsmile » Sat Jul 27, 2013 7:53 pm

It might be worth your while studying the British Nationality Act.

http://www.legislation.gov.uk/ukpga/1981/61

wiggsy
Senior Member
Posts: 849
Joined: Sun Jan 06, 2013 6:59 pm
Location: Warwickshire, UK

Post by wiggsy » Sun Jul 28, 2013 1:22 am

rachel29 wrote:yes by chance we moved to ireland and they get citizenship but if we had stayed in the original country we went to they would not . I was told to go and live in other country by uk and this means it highly likely my grandchildren will not get british citizenship because of this.
never trust a government official... :P

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Sun Jul 28, 2013 4:55 am

What is the goal of your questions about British citizenship?

Is this ultimately regarding the immigration status of your non-EU spouse? If so you may be asking the wrong question.

rachel29
Junior Member
Posts: 65
Joined: Wed Sep 21, 2011 11:34 am

Post by rachel29 » Sun Jul 28, 2013 11:29 am

yes it is to do with my non eu spouse but I have also got otheer immigration issue going on that am dealing with as well and just wanted to clarify details incase it adds to my other case.

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Sun Jul 28, 2013 12:42 pm

Have you ever worked anywhere in the EU? What passport did you have and use to prove you right to work?

wiggsy
Senior Member
Posts: 849
Joined: Sun Jan 06, 2013 6:59 pm
Location: Warwickshire, UK

Post by wiggsy » Sun Jul 28, 2013 4:54 pm

rachel29 wrote:yes it is to do with my non eu spouse but I have also got otheer immigration issue going on that am dealing with as well and just wanted to clarify details incase it adds to my other case.
It is helpful if you give details [dates / places etc] of your history, so people can help effectively eg:

married on xxx
moved to china on xxx
both moved to ireland on xxx
began work on xxx
moved to xxx on .xxxx

etc

also include all your history/problems etc as the little things can make differences etc :)

Locked