Child born outside the UK, father CUKC with ILR

[bassoli]

Dear friends,

I would appreciate if anyone could help me. I was born outside the UK in 1982, my father was then a CUKC with ILR, granted to him in 1973. He had not rennounced his British Nationality before I was born. It seems that I am a British Overseas Citizen then... But the issue is: do I have a claim for applying for an ILE, on the basis that my father had one?

Thank you,

Bruno

[vinny]

Where was your father born?
Was he married to your mother?

[bassoli]

My father was born in Kenya in 1938. He got married to my mother in Brazil in 1977. I was born 1n 1982.

[bassoli]

Does anyone know if I may be eligible to an ILE on the basis of my fahter having been a CUCK with ILR (granted in 1973)? He was born in Kenya and was married to my mother. I was born in Brazil in 1982, while my father still held the condition of CUCK with ILR. I would really appreciate some help.

Thank you,

Bruno

[vinny]

See also JAJ's observations.

[bassoli]

Thank you for your reply, vinny.

My father was born in Nairobi, Kenya, in 1938. His parents were born in Goa, India, during the time of Portuguese rule, and were Portuguese citizens.I believe my father was a CUKC by birth, although in his birth certificate there is nothing mentioned regarding nationality. I have a British passport of his that was issued in Nairobi, January 23rd 1969, in which it says his national status was : British Subject: Citizen of the United Kingdom and Colonies. He was admitted in the UK in 1970 on condition that he would stay no longer than 1971 and would not work while staying in the UK. Then, there is stamp saying that "the condition attached to the holder's admission to the United Kingdom is hereby revoked, 11 April 1972". After that, he came to Brazil and never returned to the UK. Therefore, he probably didn't become a British Citizen in 1983, but rather a British Overseas Citizen.

[secret.simon]

He was admitted in the UK in 1970 on condition that he would stay no longer than 1971 and would not work while staying in the UK. Then, there is stamp saying that "the condition attached to the holder's admission to the United Kingdom is hereby revoked, 11 April 1972". After that, he came to Brazil and never returned to the UK

I was born outside the UK in 1982

There are two reasons why you are ineligible for ILE/ILR.

Firstly, ILR status is generally revoked/lapses if the holder remains outside the UK for more than two years. if your father left the UK in 1973 and never returned, his ILR status would have lapsed by 1975/6, well before your birth.

Secondly, ILR/ILE status is not inherited, but granted to a specific individual by the Home Office on an application to them. There is no current provision for descendants of past ILR holders to get ILE based on such a relationship.

If your father has grounds for Portuguese citizenship, you may wish to explore the possibility of claiming Portuguese citizenship. You can enter and live anywhere in the EU, including the UK (until Brexit) based on a Portuguese passport.

It is ironic that a Portuguese passport may give you more right to reside in the UK than a British Overseas passport.

[bassoli]

Thank you, secret.simon.

The Portuguese citizenship is an interesting alternative, indeed. I have already considered that possibility and may try it. I just thought that their process is too complicated and that they are too demanding...

Best regards