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EEA citizen born in UK after 1983 - registering as Brit

Posted: Thu Dec 08, 2016 3:52 pm
by soylouisebrooks
Hi everyone,

I'm in a muddle about how to apply to register as a British citizen.

I was born in the UK and lived there until I was 14. Both my parents are EEA citizens and were settled in the UK (they still live there) at the time of my birth. (I now live elsewhere in the EEA).

I'm unsure of which category I fall into - am I merely registering as a citizen? Am I looking at the 'lived in the UK until age 10' category?

I've contacted several government-registered solicitors to seek legal advice and will continue to browse the forums for advice here, but in the meantime, any insight would be much appreciated!

Many thanks!

Re: EEA citizen born in UK after 1983 - registering as Brit

Posted: Thu Dec 08, 2016 3:55 pm
by noajthan
Start here:
https://www.gov.uk/government/publicati ... zen-form-t

However, when you say parents were "settled" do you mean 'settled' or settled?
If at least one parent really was 'settled' then you are British already and should shoot for passport directly.

Re: EEA citizen born in UK after 1983 - registering as Brit

Posted: Thu Dec 08, 2016 4:25 pm
by Obie
I am not sure that form T is applicable in this case.

As you were born before 2nd October 2000, you will be a British Citizen if there is evidence that your parents were either Employed, Self Employed, Student, or other wise Self Sufficient in the UK at the time of your Birth.

On a balance, I believe it is more likely than not, that you are a British Citizen.

Re: EEA citizen born in UK after 1983 - registering as Brit

Posted: Fri Dec 09, 2016 1:46 pm
by soylouisebrooks
Hi noajthan and Obie,

Many thanks for getting back to me!

I've had a look at Form T. I think it's probably the best bet if I'm not actually (unbeknownst to me!) already a citizen.

Will check with my parents to see what their situation was exactly (I know they had both been in the country for 4 years prior to my birth) and take it from there.

I'll also report back in case the information comes in handy for someone else here.

Thanks again!

Re: EEA citizen born in UK after 1983 - registering as Brit

Posted: Fri Dec 09, 2016 2:18 pm
by vinny
When were you born and what were your parents doing at the time and prior to your birth?

Re: EEA citizen born in UK after 1983 - registering as Brit

Posted: Fri Dec 09, 2016 3:55 pm
by ohara
As mentioned above, if you were born between 1st January 1983 and 1st October 2000 and at least one of your parents was exercising treaty rights (for example working) at the time of your birth, you are already a British citizen.

Re: EEA citizen born in UK after 1983 - registering as Brit

Posted: Sat Dec 17, 2016 1:37 pm
by soylouisebrooks
Hi again,

I just wanted to post back in case it can be of help to someone else in my situation.

The solicitor I contacted had a look over the legislation and it appears that as I was born before Oct 2 2000 and both my parents were exercising treaty rights (working) in the UK at the time of my birth I am indeed a citizen and can shoot straight for the passport application.

However, as this is apparently an unusual case I am still working with the solicitor. I have been asked to provide evidence my parents were exercising treaty rights, a copy of their passports and my current passport.

The risk of my application being denied is apparently 'minimal' but either way the solicitor's fee is contingent on the application being successful.

It apparently takes up to 6 weeks if lodging an application from within the UK so I will keep you posted - fingers crossed it all goes through.

Thanks again for your help!

Re: EEA citizen born in UK after 1983 - registering as Brit

Posted: Sat Dec 17, 2016 1:49 pm
by Obie
I am not sure the solicitor told you anything different from what we had already told you. It was a matter of you applying for a passport if your parents were working in the Uk .

Re: EEA citizen born in UK after 1983 - registering as Brit

Posted: Sat Dec 17, 2016 3:37 pm
by noajthan
noajthan wrote:Start here:
https://www.gov.uk/government/publicati ... zen-form-t

However, when you say parents were "settled" do you mean 'settled' or settled?
If at least one parent really was 'settled' then you are British already and should shoot for passport directly.
Unclear why you are paying solicitor for what is a straightforward application.
S/he must have thought Christmas has come early this year.

Re: EEA citizen born in UK after 1983 - registering as Brit

Posted: Sun Dec 18, 2016 6:20 pm
by soylouisebrooks
Maybe my Christmas gift to myself is the reassurance of knowing I'm working with a legal professional to get all this done properly ;) To each their own.

I'll post back with an update once the process is underway.

Merry Christmas!

Re: EEA citizen born in UK after 1983 - registering as Brit

Posted: Sun Dec 18, 2016 11:36 pm
by noajthan
soylouisebrooks wrote:Maybe my Christmas gift to myself is the reassurance of knowing I'm working with a legal professional to get all this done properly ;) To each their own.

I'll post back with an update once the process is underway.

Merry Christmas!
Indeed.
Jingle bells!

Re: EEA citizen born in UK after 1983 - registering as Brit

Posted: Fri Mar 24, 2017 11:22 am
by soylouisebrooks
Hi everyone,

Just thought I would post an update to my query!

I ended up shooting straight for the passport application after gathering evidence with the support of an immigration lawyer.

I was initially nervous as my dad was self-employed in the UK when I was born and we had no 'official' records from HMRC - just the accounts for the business, a few promotional flyers and newspaper articles (he was a restaurateur at the time). I was almost certain my application would be refused until we could provide 'solid' evidence from the tax authorities, but incredibly it went through. I sent everything away on March 4 and had my interview yesterday (March 23), and I've just received a text from HMPO notifying me that my passport is on its way.

So that's that. I'm glad I ended up working with a solicitor - I know many people here said it was a straightforward process and legal support wasn't really necessary, and while I can see that now, it felt overwhelming to me at the time and having a professional on board made things feel easier. The good thing is I can now help my brother with the process.

Thanks to everyone who offered advice and best of of luck to you all!