Naturalized father (deceased) and now adult children.

[Meyor]

Hi

Please forgive me if this subject has been discussed before. I did do a quick search and could not find anything which was similar to my family dilemma. I also hope that I have posed this question in the right forum. If I have not, then mods, accept my apology and please move it to the correct one.

Ok

I am making enquiries for two family members.

My father arrived on the British shores circa 1960 from Nigeria. He was then shortly followed by my mother. Both came to work and study here in London. They left 3 children behind in Nigeria but subsequently these children all arrived individually (chaperoned on plane) in the UK to join their parents from the mid to late 60s. Their passports were stamped 'To Join Parents'. Both Parents had acquired ILR at that time.

Did the parents ILR entitle the 3 minor children to right of abode in the UK and is still that the case today?

Fast forward, the Children would grow up here go to school, work, were issued NI numbers ect but their statuses were never confirmed. My Father sometime in the 90s naturalized a British Citizen whereas My mother maintained her status as a Legal immigrant in the UK until she passed away.

Two of the children would go back to Nigeria in the 80s when they were adults...whereas the one stayed and still at age 57 has his childhood passport. They have been resident in the UK since the age of 7.

Going by the amount of amendments to the immigration and nationality laws, common wealth citizen laws what exactly is his position? Does he have to naturalize even to become a full British citizen or does my father's naturalization in the 90s help somewhat? Does the right of abode entitle you to British citizen ship? Does he still have the right of abode from his first passport which was stamped in 1960 'To Join Parents'?

In the case of the others who left the UK in the 80s and went back to Nigeria...can they reinstate their right to live in the UK? I know so much time has passed but is this still possible considering that my father naturalised?

I have another question to anyone who may have some historical knowlegde of how things worked then. Sometime in the early 80s, two of the children were able to travel to France on Holiday from the UK. My sister said that she obtained something from the post office which allowed her to travel. Does anyone have any idea what that could have been? Also my brother has a UK Citizenship card...just curious as to how they are able to get their hands on these things if they are not British citizens? Could it be possible that they are already registered as British when they came to live with their parents as small children?

Both parents are now deceased.
I hope I am making sense.

[CR001]

secret.simon would probably be the best user to give you advice.

However, the British citizenship naturalisation process of the father DOES NOT automatically pass onto children who were already born. The children or adults, would have to apply for citizenship (registration as a child or naturalisation as adults).

It is likely they had ILR on arrival and could apply to HO for confirmation of their status.

It is also possible that the children/adults who left in the 1980's have lost their right to reside in the UK.

Please also note that only a British Citizen has the right of abode and it is different to right to reside or ILR.

[noajthan]

ILR can't be inherited. If the children were (unknown to them) registered as citizens there will surely be records in UK national archives.
Search/contact via the website.

It's a longshot but they could also file a NS application to find out too.
Form on Gov UK website.

Otherwise, even if they had ILR whoever left UK for more than 2 years will have lost it.

Whoever has been here a long time may qualify for ILR in their own right under LR route.
Or 20 years route? (if that still exists?).

The temporary passports were British Visitor Passports, BVP, a 3-fold card affair; used by schoolkids to go to Europe.

I had one myself.
Obtained from PO on sight of a birth certificate.
Issued to BCs & BOCs alike.

They were discontinued in mid 90s & HO guidance states they are not acceptable as evidence of citizenship.

See https://www.gov.uk/government/uploads/s ... ssport.pdf

[secret.simon]

Thank you for the compliment, CR001. And thanks also to noajthan for his knowledge of British Visitor Passports. As a recent immigrant myself, I was completely unaware of them.

To the OP: Keep in mind that I am not a lawyer, just somebody who has been through the system and helps out here.

To begin with, you will need the precise date of arrivals of your father. The reason for that is that in the 1960s, the laws as to who had UK nationality, CUKC citizenship and right of abode in the UK were in constant flux. British Nationality Acts were passed in 1958, 1964 (twice) and 1965. While most of them were procedural amendments, the Commonwealth Immigration Acts in 1962 and 1968 circumscribed the rights of Commonwealth citizens in the UK, followed by the Immigration Act 1971 which created the concept of leave to remain in the UK.

So, as you can see, the law in that period was incredibly fluid. People nowadays complain that the Immigration Rules are extremely fluid. Well, it ever was thus. Given the fluidity of the legal system, I would advise you to get as precise dates of various events as possible, with as much documentary proof as possible. You may also wish to look at getting a lawyer well-versed in the laws of the time.

Now, looking at your circumstance, I am fairly certain that your parents did not have Right of Abode in the UK. Have a look at Sections 2(1)(d) of the Immigration Act (as enacted). I doubt your father would have met the requirements. So, neither he nor his family would have been Commonwealth citizens with Right of Abode in the UK.

Your father's subsequent acquisition of British citizenship would not change the citizenship of his children born before the date of acquisition of citizenship. Each person acquired British citizenship individually.

Also, the date of acquisition can make a difference in how he acquired it. Before 1981, Commonwealth citizens registered and citizens of other countries (aliens, in legal language) naturalised to acquire British citizenship. So, noajthan's and Wanderer's spouses would still have naturalised, while I would have registered. After 1981, adults naturalised and children registered to acquire British citizenship.

It is possible that your father may have registered his children with British citizenship before his own. The National Archives have records of registrations before 1986. You may wish to contact them to find out.

As CR001 and noajthan has mentioned, your siblings who left the UK have almost certainly forfeited any legal status in the UK, except if your father registered them as British citizens early on.

You can also apply to the Home Office to confirm that you hold a form of British nationality on Form NS, as suggested by noajthan.

The concept of Leave to Remain and its little cousin ILR was created by the Immigration Act 1971. But Section 1(5) of the Immigration Act 1971 had preserved the rights of Commonwealth citizens who were already in the UK. That section itself was repealed by Section 1 of the Immigration Act 1988. So, I am unable to conclude what the legal status of your siblings and you is.

Under the current Immigration Rules, if your siblings and you have been resident in the UK legally for any ten continuous years of your life, you are eligible to apply for ILR. Also given the long period of stay, I would not be surprised if the Home office would consider granting an ILR Outside The Rules. That may be a last resort that you would wish to investigate.

Apologies for the very long and boring soliloquy. I hope it guides you on what is a rare and unusual journey on these forums.

[Meyor]

Thanks Secret.Simon, Noajthan and CR001 for all your knowledgeable words.

I made an online request to the National Archives but came back with nothing? Is this a dead end or will have to visit and do some searches myself?

Looking at the ancestry.uk, the first record of my Dad on the electoral role is 1961. He and my mother would go on to have more children in the UK, including myself who were all British by birth as we were born before 1982.

All children who were born in the Nigeria and came to join parents when they minors were automatically issued with NI numbers when they turned 16..could this be an indication that they are registered somewhere as British? What normally triggers a government department to issue NI numbers? I mean they didn't have to apply for them like most immigrants do. I am thinking that my father must have had some form of visa on his passport which allowed him to bring his minor children over and get them registered in schools and such.

My Father studied, worked and owned property in London in the early 60s. Property which is still in the family name as his details are still on the Land Registry files. I am thinking did he have to register as British to do all that?

My father was also an extensive traveller during his time in the UK. He went to America, China, Asia for research for his University project so I was sure he had a British passport during those times as I don't think a Nigerian passport would have allowed him such freedom. If I do happen to come across evidence that my father registered as British during the time his 3 Nigerian born children were still minors and living with him in the UK, would that automatically register them as well?

I will be advising the sibling who has never left the UK to apply for BC via the current naturalization route as it seems that if he wasn't registered as a child that is the only way.

[CR001]

All children who were born in the Nigeria and came to join parents when they minors were automatically issued with NI numbers when they turned 16..could this be an indication that they are registered somewhere as British? What normally triggers a government department to issue NI numbers

All children in school at the age of 15.5 automatically get issued with NI numbers, regardless of nationality and where they were born. They are not required to 'apply for' it.

Property which is still in the family name as his details are still on the Land Registry files. I am thinking did he have to register as British to do all that?

A person does not have to be British to own property in the UK, so no, your assumption is incorrect.

If I do happen to come across evidence that my father registered as British during the time his 3 Nigerian born children were still minors and living with him in the UK, would that automatically register them as well?

No it would not. Citizenship applications are individual applications that each person (adult or child) has to make on a separate form each.