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Born in UK post-1983; how to get British citizenship.
Posted: Tue Apr 09, 2019 10:10 pm
by cab_27
Hello to everyone. This is my first time on this forum. Here's what I am interested in finding out. I was born in the England to American/German parents. This was post 1983, so I did not gain automatic citizenship and I also did not live their long enough to gain citizenship. I currently live in the United States, and am in my early 20's. I was wondering if anyone knew of routes I could take in order to gain citizenship based off of being born there. I was not sure if there were any loopholes, or alternative ways to do so. It's something I have wanted to know for a long time now. I also lived in Germany, and have a German passport and citizenship (not sure if that makes anything different).
Re: Born in UK post-1983; how to get British citizenship.
Posted: Tue Apr 09, 2019 10:25 pm
by alterhase58
cab_27 wrote: ↑Tue Apr 09, 2019 10:10 pm
Hello to everyone. This is my first time on this forum. Here's what I am interested in finding out. I was born in the England to American/German parents. This was post 1983, so I did not gain automatic citizenship and I also did not live their long enough to gain citizenship. I currently live in the United States, and am in my early 20's. I was wondering if anyone knew of routes I could take in order to gain citizenship based off of being born there. I was not sure if there were any loopholes, or alternative ways to do so. It's something I have wanted to know for a long time now. I also lived in Germany, and have a German passport and citizenship (not sure if that makes anything different).
This link might help:
https://www.gov.uk/check-british-citize ... tober-2000
Quote:
"If at least one of your parents was a citizen of an EU or EEA country when you were born
You’re automatically a British citizen if when you were born at least one of your parents was both:
- a citizen of a country that was in the EU or the EEA at the time
- living in the UK, and working or studying here
If the parent that meets these conditions is your father, he must have been married to your mother when you were born."
I would prefer someone else here could comment on your scenario.
Could you perhaps outline your parents' and your own timeline in the UK. Presumably you would have to provide proof of your mother living in the UK, and working, or studying.
Re: Born in UK post-1983; how to get British citizenship.
Posted: Wed Apr 10, 2019 4:18 pm
by cab_27
Unfortunately my parents only have American citizenship (and my father also has German citizenship). They were only in England for a handful of years studying at Oxford, which is when I was born.
Re: Born in UK post-1983; how to get British citizenship.
Posted: Wed Apr 10, 2019 5:05 pm
by alterhase58
Presumably parents stayed in the UK under UK Immigration Law, i.e. Visa to study, not EEA Regulations. And they didn't have German passports, or didn't use them to document their stay?
Re: Born in UK post-1983; how to get British citizenship.
Posted: Fri Apr 12, 2019 1:40 am
by secret.simon
Did your father hold German citizenship at the time of your birth or did he acquire it after your birth?
cab_27 wrote: ↑Tue Apr 09, 2019 10:10 pm
This was post 1983
cab_27 wrote: ↑Wed Apr 10, 2019 4:18 pm
Unfortunately my parents only have American citizenship (and my father also has German citizenship). They were only in England for a handful of years..., which is when I was born.
If your German father was only a student in the UK, then your acquisition of British nationality would have only occurred if you were born on or after 30 June 1992. Is that the case?
Also see the
Treaty Rights Passport Applications guidance for more information, specifically Table B.
cab_27 wrote: ↑Wed Apr 10, 2019 4:18 pm
studying at Oxford
Lucky bugger.
Re: Born in UK post-1983; how to get British citizenship.
Posted: Fri Apr 12, 2019 4:37 pm
by cab_27
secret.simon wrote: ↑Fri Apr 12, 2019 1:40 am
Did your father hold German citizenship at the time of your birth or did he acquire it after your birth?
Yes, he held it before my birth.
secret.simon wrote: ↑Fri Apr 12, 2019 1:40 am
If your German father was only a student in the UK, then your acquisition of British nationality would have only occurred if you were born on or after 30 June 1992. Is that the case?
Yes, I was born in 1997. I am a little confused on this. What is the importance of 30 June, 1992?
Re: Born in UK post-1983; how to get British citizenship.
Posted: Fri Apr 12, 2019 5:13 pm
by secret.simon
cab_27 wrote: ↑Fri Apr 12, 2019 4:37 pm
I was born in 1997
A momentous year. Tony Blair coming to power here on a landslide majority. Hong Kong returned to Chinese rule.
You should be able to apply for a British passport with proof that your father was a German citizen, studying in the UK and was married to your mother at the time of your birth.
cab_27 wrote: ↑Fri Apr 12, 2019 4:37 pm
I am a little confused on this. What is the importance of 30 June, 1992?
Before that date, only workers from the other EEC countries had freedom of movement and rights under it. On that date,
EEC Directive 90/364/EEC, which gave the right of residence to EEC citizens other than workers, came into force.
Re: Born in UK post-1983; how to get British citizenship.
Posted: Fri Apr 12, 2019 5:20 pm
by cab_27
I don't think you understand how excited this makes me. I have thought about this for years, but has always been told that it is impossible. I am definitely going to have to look into this.
secret.simon wrote: ↑Fri Apr 12, 2019 5:13 pm
cab_27 wrote: ↑Fri Apr 12, 2019 4:37 pm
I was born in 1997
A momentous year. Tony Blair coming to power here on a landslide majority. Hong Kong returned to Chinese rule.
You should be able to apply for a British passport with proof that your father was a German citizen, studying in the UK and was married to your mother at the time of your birth.
cab_27 wrote: ↑Fri Apr 12, 2019 4:37 pm
I am a little confused on this. What is the importance of 30 June, 1992?
Before that date, only workers from the other EEC countries had freedom of movement and rights under it. On that date,
EEC Directive 90/364/EEC, which gave the right of residence to EEC citizens other than workers, came into force.
Re: Born in UK post-1983; how to get British citizenship.
Posted: Fri Apr 12, 2019 5:54 pm
by cab_27
cab_27 wrote: ↑Fri Apr 12, 2019 5:20 pm
You should be able to apply for a British passport with proof that your father was a German citizen, studying in the UK and was married to your mother at the time of your birth.
One other question. He was married to my mum at the time, but did you write that because it is an important part to prove? I wasn't sure if marriage was something that factored in.
Re: Born in UK post-1983; how to get British citizenship.
Posted: Fri Apr 12, 2019 6:00 pm
by secret.simon
cab_27 wrote: ↑Fri Apr 12, 2019 5:54 pm
One other question. He was married to my mum at the time, but did you write that because it is an important part to prove?
Yes. You have to prove each one of the three points;
a) that your father was a German citizen at the tike ofyour birth, and
b) that your father was studying in the UK at the time of your birth, and
c) that your parents were married at the time of your birth.
At the time (before 2006), citizenship through the father would only have been acquired by legitimate children (born in wedlock). That restriction was removed in 2006-7, so children born after that date could acquire British citizenship through the father even if their parents were not married. However, that was applicable only to children born after that date.
Re: Born in UK post-1983; how to get British citizenship.
Posted: Fri Apr 12, 2019 6:03 pm
by cab_27
secret.simon wrote: ↑Fri Apr 12, 2019 6:00 pm
cab_27 wrote: ↑Fri Apr 12, 2019 5:54 pm
One other question. He was married to my mum at the time, but did you write that because it is an important part to prove?
Yes. You have to prove each one of the three points;
a) that your father was a German citizen at the tike ofyour birth, and
b) that your father was studying in the UK at the time of your birth, and
c) that your parents were married at the time of your birth.
At the time (before 2006), citizenship through the father would only have been acquired by legitimate children (born in wedlock). That restriction was removed in 2006-7.
You, good sir, are a god-send. I had no idea of all this. Like I said earlier, everyone I have asked, and most places I have looked, made the outcome seem bleak.
Re: Born in UK post-1983; how to get British citizenship.
Posted: Fri Apr 12, 2019 6:07 pm
by secret.simon
cab_27 wrote: ↑Fri Apr 12, 2019 6:03 pm
You, good sir, are a god-send. I had no idea of all this. Like I said earlier, everyone I have asked, and most places I have looked, made the outcome seem bleak.
All the credit should go to
Alterhase58. Until he pointed out the information on the gov.uk website, I had forgotten about this pre-2000 provision. Slightly before my time. A quick google search did not take much of my time.
Re: Born in UK post-1983; how to get British citizenship.
Posted: Fri Apr 12, 2019 6:19 pm
by cab_27
secret.simon wrote: ↑Fri Apr 12, 2019 6:07 pm
cab_27 wrote: ↑Fri Apr 12, 2019 6:03 pm
You, good sir, are a god-send. I had no idea of all this. Like I said earlier, everyone I have asked, and most places I have looked, made the outcome seem bleak.
All the credit should go to
Alterhase58. Until he pointed out the information on the gov.uk website, I had forgotten about this pre-2000 provision. Slightly before my time. A quick google search did not take much of my time.
I must have missed that part on gov.uk. It made it seem like naturalization, being born pre-1983, or having British parents were the only options.
Re: Born in UK post-1983; how to get British citizenship.
Posted: Fri Apr 12, 2019 6:26 pm
by alterhase58
Glad I could help - hopefully you will be able to progress your quest.
Unfortunately the gov.uk is not very user-friendly but Google will often provide useful links to within that domain.