Right to remain in Britain? Or not?

[Demonic_Panda]

Hi.

I'm posting here because I've got questions regarding my mother's status in the UK. She came to England in 1974 to join her Dominican born mother here. On the passport it says "British Passport - State of Dominica" on it. I'm not sure that means anything, but whatever.

Anyway, her workplace is demanding that she acquires proof of her right to live and work here. She has shown her passport, but that's not evidence in any way. The passport seems to have been stamped with "given leave to..." but the stamp is faded, and you can't definitively make out what it says.

I need to know whether my mother has the right to stay in the UK? If not, what is the cheapest way towards naturalisation? She works part time and the fees stated on the website she will never be able to afford. She has no expendable income as it is!

[JAJ]

She probably needs a good immigration solicitor.

A British passport from pre-independence Dominica is not evidence of right of abode in the United Kingdom.

In what circumstances was her mother (or father) admitted to live in Britain? Do they have Indefinite Leave to Remain, or British citizenship?

[Demonic_Panda]

She probably needs a good immigration solicitor.

A British passport from pre-independence Dominica is not evidence of right of abode in the United Kingdom.

In what circumstances was her mother (or father) admitted to live in Britain? Do they have Indefinite Leave to Remain, or British citizenship?

I don't know, nobody is on speaking terms with her. But judging by the fact she often leaves and returns to the UK, she has a British passport.

[Demonic_Panda]

A second SAR request has been rejected, as they do not have sufficient information to accurately identify my mother. This despite the fact we have meticulously gone over everything on both occasions and supplied a little more than they asked for.

This isn't going to go well.

[John]

But judging by the fact she often leaves and returns to the UK, she has a British passport.

Not sure I understand. You first told us about a passport used in 1974, but that is clearly now time-expired. But later you mention another passport and say that is a British passport.

So where is the problem?

[Demonic_Panda]

But judging by the fact she often leaves and returns to the UK, she has a British passport.

Not sure I understand. You first told us about a passport used in 1974, but that is clearly now time-expired. But later you mention another passport and say that is a British passport.

So where is the problem?

My maternal grandmother has a British passport, not my mother. I don't think she attained this until the 90s. On my mum's old passport it clearly states that she has come to the country to join my mother/to settle.

[JAJ]

My maternal grandmother has a British passport, not my mother. I don't think she attained this until the 90s. On my mum's old passport it clearly states that she has come to the country to join my mother/to settle.

Your maternal grandmother probably (unless she is U.K. descended) lost British nationality when Dominica became independent so if she has a British citizen passport she must have re-acquired British citizenship at some stage. Which means that as a minimum, she should have a Home Office file that may have some reference to your mother.

Have her details been included in the SAR request?

It would be interesting to know who was involved with the original application to settle in the United Kingdom. Is there a possibility that the file could be under Foreign Office jurisdiction, if it was administered by the colony administration in Dominica? And who knows what happened to the immigration/passport files from pre-independence Dominica?

A good immigration solicitor should know (or be able to find out) what would have been the process to apply for settlement in the U.K. from a colony in 1974. Do you know the basis on which settlement was obtained, eg, employment?

If no trace can be found of your mother's right to be in the United Kingdom, then this is not a good situation. Usually the way to resolve it is to apply for ILR based on 14 years long residence but the problem with this is that it will then take more time before she would be qualified for British citizenship.

It also means that if you were born in 1983 or later, you may not be a British citizen either unless you can claim it from your father's status. If not British, you should be able to register as British using Form T if you lived in the U.K. until age 10.

[wpilr_nov12]

If no trace can be found of your mother's right to be in the United Kingdom, then this is not a good situation. Usually the way to resolve it is to apply for ILR based on 14 years long residence but the problem with this is that it will then take more time before she would be qualified for British citizenship.

Was the 14 year route not abolished last Jul (2012)?

[vinny]

Yes. The 14 years has been changed.

[JAJ]

I stand corrected. But wouldn't someone who arrived in Britain in 1974 still qualify under the 20 year rule?

[vinny]

Most probably.

[Demonic_Panda]

Forgive me, but what exactly is the 20 year rule?

[vinny]

Click on my link for more info:

Yes. The 14 years has been changed.