British born facing deportation

[Richie72]

Good afternoon all,

I am a Moroccan/French national and have been in this country since 1994. I have definite leave to remain. My son was born here in 1996 and also holds a French passport. He has never held a British passport. Unfortunately he has had a brush with the law and was sentenced to 3 month. He is due to be released this week and has just told me that he was informed that because he does not hold a British passport, he will be deported to France. Is this correct?

[noajthan]

Good afternoon all,

I am a Moroccan/French national and have been in this country since 1994. I have definite leave to remain. My son was born here in 1996 and also holds a French passport. He has never held a British passport. Unfortunately he has had a brush with the law and was sentenced to 3 month. He is due to be released this week and has just told me that he was informed that because he does not hold a British passport, he will be deported to France. Is this correct?

It is a little unclear if son is British.
It's not just about holding a passport.

When did you get ILR?
Do you mean you have indefinite leave to remain? (ILR)

And what is nationality/immigration status of other parent?

If you had ILR in UK (/one parent had ILR) before son's birth he would be British automatically (& entitled to a British passport).

Alternately, as you are an EEA national & son was born before 2/10/2000, son will be a British citizen if the parent was exercising EC Treaty rights at the time.
What were you doing in UK at date of son's birth?

Failing that, son would have been eligible to be registered as a citizen when a minor, under s1.(3) of BNA, as soon as 1 parent had settled status (if ILR was obtained after child's birth).

[Amber]

Deportation of EEA nationals and their family members must be considered under the Immigration (European Economic Area) Regulations 2006 (Reg 21).

The EEA national's conduct must represents a genuine, present and sufficiently serious threat which affects one of these fundamental interests of society.

This will consider public policy, security and health.

A 3 month sentence is unlikely to fall into this and thus a deportation order is unlikely.

[secret.simon]

See Section 3.2 of the Treaty Rights guidance from the Home Office.

[Richie72]

Thank you all for your replies

The ILR was after birth, he's lived in this country all his life but we got him a French passport as a kid. Silly on my part as I never really thought too much about getting the british passport as I thought he was born here

Thanks again all