Post
by avjones » Thu Nov 18, 2010 11:21 pm
Right, so you aren't British by descent, as your parents weren't married.
The Ancestry Rules are:
Persons with United Kingdom ancestry
Requirements for leave to enter on the grounds of United Kingdom ancestry
186. The requirements to be met by a person seeking leave to enter the United Kingdom on the grounds of his United Kingdom ancestry are that he:
(i) is a Commonwealth citizen; and
(ii) is aged 17 or over; and
(iii) is able to provide proof that one of his grandparents was born in the United Kingdom and Islands and that any such grandparent is the applicant's blood grandparent or grandparent by reason of an adoption recognised by the laws of the United Kingdom relating to adoption; and
(iv) is able to work and intends to take or seek employment in the United Kingdom; and
(v) will be able to maintain and accommodate himself and any dependants adequately without recourse to public funds; and
(vi) holds a valid United Kingdom entry clearance for entry in this capacity.
So provided you can show that you are a Commonwealth Citizen (which you can, being Canadian) and that one of your grandparents (or more!) was born in the UK or Islands, it doesn't matter about legitimacy.
The UKBA guidance states so specifically:
The relevant grandparent may be in either the legitimate or illegitimate line. This means that the applicant’s or their relevant parent’s birth may be either within or outside marriage.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.
People should always consider obtaining professional advice about their own particular circumstances.
