Need help - Am I British or not?

[nicostenum]

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.

[noajthan]

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.

Have you checked HO guidance:
https://www.gov.uk/government/uploads/s ... r_2015.pdf

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”

However now also see page 11 ...

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.

Alternately, as your mother is an EEA national, another route to look into ...

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

Best of British luck.

[CR001]

UKF is the form if born to a British parent out of wedlock, see below. The cost of this application is only £80 which is the ceremony fee.

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).

[nicostenum]

Thank you..
But now I'm a bit more confused.. Does that mean I have to film out the UKF form?

[CR001]

Thank you..
But now I'm a bit more confused.. Does that mean I have to film out the UKF form?

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.

You are likely not automatically British, so an application would need to be made based on your British father to obtain British citizenhip. £80 fee for UKF is small compared to the normal citizenship application cost which is £1005.

[nicostenum]

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?

[CR001]

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.

[noajthan]

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?

You could apply via NCS at your local council - they sanity-check your application & copy your documents & send the bundle off to HO;
you keep all originals.

For a relatively small fee (£50 or so) it's well worth it.

I'm assuming here that the checking service is available to UKF applicants as it is for all other naturalisation applicants - I leave that as exercise for reader.

[CR001]

NCS is not available for UKF (or UKM) applications. HO needs to see the original documents (birth certificates etc) to authenticate them.

[nicostenum]

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.

Thank you.

NCS is not available for UKF (or UKM) applications. HO needs to see the original documents (birth certificates etc) to authenticate them.

Yeah, I also read that..
Mabye I can get a 2. passport in Denmark and send one of them.
The problem is that I have a hard time finding out information about my father as I dont really have contact with him anymore.

[CR001]

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. www.gro.gov.uk

[TheMouseReturns]

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.

There is a question that should have been asked before this thread turned to a UKF application.

What was the immigration status of your mother - did she have ILR at the time of your birth?

Alternately, as your mother is an EEA national, another route to look into ...

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

Best of British luck.

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]

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.

But before 'EEA' there was 'EU' and Denmark's accession date (to EU) was: 1 Jan 1973

See also https://www.gov.uk/government/uploads/s ... idance.pdf
&
https://www.gov.uk/government/uploads/s ... Policy.pdf

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.

And by virtue of the Ziolkowski Ruling even economic activity pre-accession could be counted (although clearly not necessary in this case).

Gotta love free movement & treaty rights - what's not to like

[CR001]

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.

Agree, but most people wouldn't think to keep the type of records he would need from 22 years ago to prove 'activity'.

[noajthan]

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.

Agree, but most people wouldn't think to keep the type of records he would need from 22 years ago to prove 'activity'.

Granted - but it's an option.

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?"

[CR001]

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?"

Yup, I am a hoarder of important papers too

[TheMouseReturns]

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.

But before 'EEA' there was 'EU' and Denmark's accession date (to EU) was: 1 Jan 1973

The EU came into existence via the Maastricht Treaty, which became effective on 1 November 1993.

1 January 1973 is when Denmark became a part of the EEC (which is the same date for the UK).

[vinny]

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.

[nicostenum]

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

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]

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.

[nicostenum]

Thank you all for your replies. Well my mother worked in the UK for about 5 years before she got me, so she might have that status, and I might find some documents to prove it.

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.

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..

[secret.simon]

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.

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.

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.

[nicostenum]

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.

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.

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.

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.
Born in 1961 Ghana
And no to the military service.

Thank you. But he IS British and has the right to live there fully forever.

[noajthan]

You still have plan B available too - claim British citizenship via EEA mother.

That simply requires 1 item of evidence that mother had been working in UK & exercising treaty rights at date of your birth.
Note evidence of 5 years continuous activity is not required to support your case (as would be the case nowadays).

[secret.simon]

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.

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.

Having a British passport means you have British nationality, not British citizenship. Only a British citizen (and certain Commonwealth citizens from before 1983) has the right of abode in the UK. Other British nationals with British passports who are not British citizens do not.

I suggest that you look at the EU route as suggested by noajthan much more closely. Your father's birth in Ghana may complicate your application for citizenship through him considerably.

On this site, we are all volunteers who are helping each other out with our limited knowledge of the complex world of UK immigration and nationality law. We could be wrong