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Want To Be Enlightened

General UK immigration & work permits; don't post job search or family related topics!

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Chris07
Newly Registered
Posts: 16
Joined: Sat Feb 03, 2007 8:55 pm
Location: London

Want To Be Enlightened

Post by Chris07 » Mon Jul 09, 2007 9:37 pm

What are the chances of success if you are an o'stayer and you've made an application four and a half years ago to the HO.

Also their current passport which is in the HO has expired and the applicationn was made on Human Rights.

They've been in the UK for 10 yrs now. 2 yrs after they came their ponsor died and hence one of the reason they o'stayed. Was also refused sponsorship.

Due to circumstances they will face persecution in their home country.

Can you claim ancestry from your parents if they were both born british citizens even if their country took independence?

Jeff Albright
Senior Member
Posts: 752
Joined: Tue Jun 29, 2004 10:25 am
Location: Perth, Australia

Re: Want To Be Enlightened

Post by Jeff Albright » Mon Jul 09, 2007 10:34 pm

Chris07 wrote:What are the chances of success if you are an o'stayer and you've made an application four and a half years ago to the HO.
There are always chances although slim. The fact that the application was outstanding for 4.5 years is not in itself compelling enough reason to have increased chances of success. At the end of the day, they are overstayers so the Home Office will consider it in their own time, when they get round to it and when their place in the queue comes closer.
Also their current passport which is in the HO has expired and the applicationn was made on Human Rights.
Yes, I believe it is true but there is nothing exceptional in it.
They've been in the UK for 10 yrs now. 2 yrs after they came their ponsor died and hence one of the reason they o'stayed. Was also refused sponsorship.
But they have been here whilst knowing that they were illegal and that they might not be able to continue their residence in this country.
If their sponsor died, the corresponding application should have been submitted for further leave to remain according to one of the Home Office's known policies. Even if that application was slightly out of time, that would not have caused much of the problem due to its nature. However, it is not excusable to make no application at all although being aware that the law requires them to do that.
Due to circumstances they will face persecution in their home country.
Asylum grounds should then be brought in, as well.
Can you claim ancestry from your parents if they were both born british citizens even if their country took independence?
It would be my best guess without looking into the rules, that yes of course, they can and this is where they should have started the process from. All the information regarding ancestry applications is easily available on BIA website.

JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Re: Want To Be Enlightened

Post by JAJ » Tue Jul 10, 2007 12:50 am

Jeff Albright wrote:
Can you claim ancestry from your parents if they were both born british citizens even if their country took independence?
It would be my best guess without looking into the rules, that yes of course, they can and this is where they should have started the process from. All the information regarding ancestry applications is easily available on BIA website.
As a general rule this is not true. People connected with colonies becoming independent normally became citizens of the new country and lost their UK & Colonies citizenship at the time.

If the people of the country concerned had wanted to keep British nationality, then they ought not to have become independent in the first place.

That said, in some cases people did retain British nationality at independence of colonies. Impossible to say any more without knowing more specific circumstances.

Christophe
Diamond Member
Posts: 1204
Joined: Tue Jul 04, 2006 5:54 pm

Re: Want To Be Enlightened

Post by Christophe » Tue Jul 10, 2007 7:42 am

Chris07 wrote:Can you claim ancestry from your parents if they were both born british citizens even if their country took independence?
I take it that you mean that your parents were born British citizens but were born outside the United Kingdom?

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