Right to claim British citizenship

[meetnavid]

Hi all - This is the first time I am posting anything on this website.

My father who came to UK in 1960 and lived and worked here for almost 10 years. He left UK in 1971 and went back to Pakistan to look after his old parents, got married and later on had 2 children. Due to family commitments he never visited UK again but has been keeping his British Passport renewed till last year 2014. He is now almost 80 years old and wish to come to UK. My questions are:

1: As his passport got expired last year, this would not revoke his citizenship?
2: If he is still classed as overseas British, can he now renew his passport and travel to UK and will be able to claim his State Pension?
3: Even though his children are now adults in their early 40's, do they have right to register themselves as British under any clause as their father is overseas British?

I will greatly appreciate any advice.

Thanks

[vinny]

1. Expiry of passport is irrelevant to citizenship status.

What exactly does his passport describe his citizenship as?

[meetnavid]

It just says British Citizen.

Thanks for the prompt response.

[vinny]

Did he naturalise or register while he was in the UK?

If he is a British citizen otherwise than by descent and was/is married to his children's mother, then they may be automatically British.

[meetnavid]

So does that mean that my sister who is now 42 and always been living in pakistan still has a right to claim her citizenship?

[secret.simon]

My father who came to UK in 1960 and lived and worked here for almost 10 years. He left UK in 1971 and went back to Pakistan to look after his old parents, got married and later on had 2 children. Due to family commitments he never visited UK again but has been keeping his British Passport renewed till last year 2014. He is now almost 80 years old and wish to come to UK.

My questions are: 1: As his passport got expired last year, this would not revoke his citizenship?

Not renewing the passport does not invalidate your father's British citizenship.

It just says British Citizen.

If the passport says he is a British citizen, he is a British citizen. Be aware that British Overseas citizenship is a separate kind of citizenship and confers no right to live in the UK. It may confuse people on these forums when you refer to "overseas British". There is no such category. A British citizen is a British citizen wherever in the world he/she lives.

2: If he is still classed as overseas British, can he now renew his passport and travel to UK and will be able to claim his State Pension?

If he has had a UK passport till last year, he can renew the passport. See Overseas Passports for more info.

State Pension is a different matter. The State Pension is based on the number of years that the person paid National Insurance on his income in the UK. A full State Pension (of £115.95 a week) can only be claimed by people who have contributed at least 30 years of National Insurance contributions. If he has worked only 11 years in the UK, he would likely get much less. There is an online guide to the State Pension for more detail.

3: Even though his children are now adults in their early 40's, do they have right to register themselves as British under any clause as their father is overseas British?

Any children born anywhere in the world after the date on his naturalisation certificate are British citizens and can apply for a British passport directly.

However, if they (your siblings) were born outside the UK themselves, their children (your father's grandchildren) will have no right to British citizenship, unless they were born in the UK themselves.

If you do not have your father's naturalisation certificate, the National Archives in Kew may be able to help.

[Petaltop]

Hi all - This is the first time I am posting anything on this website.

My father who came to UK in 1960 and lived and worked here for almost 10 years.


will be able to claim his State Pension?

As he is 80, the rules for a male who was of pension age 15 years ago, would be to contribute 44 tax years for a full UK state pension, and at least 10 tax years (April until April) to qualify for part of a state pension. i.e. 10 tax years = 10/44 of a UK state pension.

[secret.simon]

Did he naturalise while he was in the UK?

If he is a British citizen otherwise than by descent and was/is married to his children's mother, then they may be automatically British.

A question purely for my own information. This will likely have no implication for the OP's question.

Vinny, if the marriage of the parents was a polygamous one (e.g. under Sharia law), would the children of all marriages (other than the first) be eligible for British citizenship or would the marriage rules akin to spouses migration to the UK apply (i.e. that the father must have been "free to marry" when contracting his second and subsequent marriages)?

[meetnavid]

Thank you ever so much guys for the advice. I am truely grateful. Bless you guys.