Question on Passport Eligibility...
Marcus Fox
questions.
I was born in Ireland in 1979 (and so eligible, and hold an ROI passport),
son of British father and Irish mother, both married, born in the fifties. I
assume that I am eligible for a British passport through descent from
father, but have not confirmed this. My parents are now divorced.
I have a half sister and half brother, (same mother, different father - also
British) but parents unmarried. Born in 1988 and 1993 respectively, in
England and hence have British birth certificates. They are not eligible for
British passports! But eligible for Irish ones through descent from mother.
Was there some law brought in between 1979, year of my birth, and 1988 that
said that children obtain the nationality from the mother? Something that
Thatcher introduced to prevent immigrants/asylum seekers gaining British
nationality? Or is it because the parents are unmarried? Some clarification
on this would be great. Passport Office website does not explain this too
well.
Marcus
bigbrian
British Nationality Act 1981. Prior to its implementation, it was not
possible for someone to claim British nationality from their mother.
Brian
bigbrian
<please-reply-via-newsgroup-th@-i-posted-to.com> wrote:
PS to my earlier post:
As I understand it, if they were born in Britain, they're entitled to
a British passport.
Brian
Marcus Fox
"bigbrian" <harr...@hotmail.com> wrote in message
news:9gk8b01e9o767j75r...@4ax.com...
No, they have already been refused.
Marcus
An Observer
Yes, the British Nationality Act 1981 which came into force on 31st January
1982.
It basically replaced the principle of nationality deriving from one's place
of birth (ius solis - law of soil) with the principle of nationality being a
right derived from ancestry (ius sanguinis - law of blood).
So after the act came into force, it was no longer sufficient to be born in
the UK, or in a UK territory, to obtain either British Citizenship or
Citizenship of that territory.
Basically, since 1982, if you are born in the UK, your mother or your father
needs to be either a British Citizen or have Indefinite Leave to Remain
(settled status). If your parents are not married however, you cannot claim
Citizenship through your father.
Tanel.
JAJ
- From 1.1.83 birth in the UK does not automatically confer British
citizenshop
- One parent must be a British citizen or 'settled' in the UK
- Irish citizens are deemed 'settled' in the UK
- There are complications in claiming British citizenship from an
unmarried British father (but these can be resolved by registration
before the child is 18).
- However, where a child is born in the UK to an Irish mother
(diplomats excepted, and assuming mother is resident in the UK), it is
not necessary to even look at the father's status. The child is a
British citizen automatically.
The view of the Passport Office on the subject is not final. It is
important to take this up with them further, utilising the assistance
of an MP if necessary. They are legally bound to recognise the
nationality of a British citizen.
Jeremy
"Marcus Fox" <please-reply-via-newsgroup-th@-i-posted-to.com> wrote in message news:<Ru6tc.87$44.41@newsfe4-win>...
JAJ
> Yes, the British Nationality Act 1981 which came into force on 31st January
> 1982.
>
> It basically replaced the principle of nationality deriving from one's place
> of birth (ius solis - law of soil) with the principle of nationality being a
> right derived from ancestry (ius sanguinis - law of blood).
Britain's nationality law is still based on 'ius soli', albeit with a
modification since 1983.
The fact that children of (non-British) *permanent* residents born in
the UK are automatically British is not something that would be found
if the law was based on 'ius sanguinis'. Nor would the restrictions
on British citizens *by descent* passing on their citizenship to
children born *outside* the UK.
>
> So after the act came into force, it was no longer sufficient to be born in
> the UK, or in a UK territory, to obtain either British Citizenship or
> Citizenship of that territory.
>
> Basically, since 1982, if you are born in the UK, your mother or your father
> needs to be either a British Citizen or have Indefinite Leave to Remain
> (settled status). If your parents are not married however, you cannot claim
> Citizenship through your father.
British citizenship in cases like this can often be claimed from the
mother instead.
Where it has to be claimed from the father, and the child is not
British any other way, the Home Office will usually register a child
as British if the child would have been British had the parents been
married. This is discretionary, but will usually be done.
This policy has been in place since early 2000. Anyone under 18 can
apply for registration under these provisions, even if born before
then.
http://www.uk.emb.gov.au/CURRENT_AFFAIRS/bisa/news_releases/2000/citizen_rules_42000.htm
Jeremy
Tam
...
> - From 1.1.83 birth in the UK does not automatically confer British
> citizenshop
>
> - One parent must be a British citizen or 'settled' in the UK
>
> - Irish citizens are deemed 'settled' in the UK
...
On 26 February 1984 I asked the late Ivor Stanbrook, MP for assistance
in obtaining from the Home Office some indication of what would
constitute "settlement" for an Irish citizen physically present in the
UK, for the purpose of attributing British citizenship to offspring of
that person born in the UK.
Eventually (in August 1984) Mr Stanbrook sent me the reply he had
received, dated 12 April, and I reproduce it below. The letter goes
far beyond the scope of my query: while it is correct that Irish
citizens have EC (now EU) rights, the Ireland Act 1949 (and now the
Good Friday Accords) go beyond those rights. Part of the reply is now
obsolete, since EU/EEA/Swiss migrants do not now automatically secure
"settled" status or deemed settled status. (On the other hand, it
would seem that settlement is the default status for Irish citizens
the moment they move to the UK with intent to remain.)
The reply (notably the last paragraph) fails to address the issue of
registration in lieu of naturalisation, which, if the half sister and
half brother were born and lived in the UK for the first ten years of
their lives (with minor absences allowed), they would be able to do as
of right throughout their lives. (Alternatively, settlement after
their birth by the relevant parent -- the mother -- would have
qualified the two for registration only until the age of 18.)
It seems to me that by demonstrating "ordinary residence" in the UK of
the mother -- most easily via tax records -- the two half-siblings can
overturn the decision (if that's what it was) of the authorities.
While there are normally time limits for appeal, manifest errors of
fact may (or may not, as the case may be) avoid those limits. In any
case, the "refusal" might simply have been an officious (and wrong)
statement by a Passport Office intake clerk, which counts for nothing
in terms of a formal demand for recognition of factual nationality.
In some cases, a person may choose not to document British citizenship
if so doing would have an impact on domicile (it doesn't have to, but
the Inland Revenue often uses that as one test), and if "remittance
basis" taxation or IHT or taxation of a gift to a non-domiciled spouse
is an issue.
[begin text]
Home Office
Queen Anne's Gate
London SW1H 9AT
12 Apr 1984
Thank you for your letter of 5 March about the entitlement of citizens
of the Irish Republic and European Community (EC) nationals to
settlement in the United Kingdom and to British citizenship.
Although they are not citizens of a Commonwealth country, the Ireland
Act 1949 declares that citizens of the Republic of Ireland are not to
be regarded as aliens. This arrangement is broadly reciprocal in that
people born in the 'United Kingdom are not subject to the disabilities
of aliens in the Republic. In the early 1950's the Republic of Ireland
was included (with the Channel Islands and the Isle of Man) in a
common travel area with the United Kingdom. Irish citizens are not in
practice subject to formal immigration control, at the port of entry.
No conditions are therefore imposed on their stay in the United
Kingdom. However, they are not automatically regarded as being settled
here. To be so regarded they would need to provide evidence that they
were ordinarily resident here, and had established links with the
United Kingdom.
EC nationals are normally admitted to the United Kingdom for six
months on production of a valid passport or national identity card. EC
nationals who establish themselves in residence permit which is
usually valid for five years. EC nationals are not entitled to a
residence permit if they fail to find employment or become a charge on
public funds. In such circumstances their stay in the United Kingdom
may be curtailed.
There is no obligation under the Treaty of Rome to grant indefinite
leave to remain to EC workers, but the Immigration Rules provide that
foreign nationals and Commonwealth citizens qualify for indefinite
leave to remain after four years in approved employment. Accordingly,
EC nationals who have been issued with a residence permit are normally
granted indefinite leave to remain after four years in employment.
[*2]
Citizens of the Republic of Ireland may acquire British citizenship in
several ways. A person who was born before 1 January 1949 and who was
either born within that part of Ireland which now forms the Republic
of Ireland, or was descended legitimately from a father so hart, was a
British Subject at birth. Such a person would normally have ceased to
be a British subject on 1 January 1949 when the British Nationality
Act 1948 came into force, but could give notice to the Secretary of
State under section 2 of that Act claiming to remain a British
subject. Section 31(3) of the British Nationality Act 1981, continues
this arrangement. A person who formally makes such claim is deemed
never to have ceased to be a British subject. Under section 4 of the
British Nationality Act 191 British subjects are entitled to
registration as British citizens after five years residence here.
A citizen of the Republic of Ireland can acquire British citizenship
in the same way as a Commonwealth citizen. Thus an Irish citizen who
has been ordinarily resident throughout the period since 1 January
1973 is entitled to registration as a British citizen under section
7(1)(a) of the 1981 Act. An Irish citizen who is a woman and was
married before 1 January to a man who was a citizen of the United
Kingdom and Colonies may, of course, apply for British citizenship
under section 8 of the 1981 Act. Applications under both these
sections may be made generally speaking until 1 January 1988.
Irish citizens not eligible to apply under sections 4, 7(1)(a) or 8
may apply for naturalisation if they can fulfil the residential and
other requirements outlined in the enclosed leaflet BN7.
Naturalisation is the only avenue to British citizenship for EC
nationals apart from those who are British Dependent Territories
citizens (who have an entitlement to registration under section 5) and
those women who are eligible to apply under section 8.
(DAVID WADDINGTON)
[end text]