Spanish Passport holder born in the UK, to a British Father

[Tanzy]

Hi Ya I am not sure if my subject line makes much sense, however I will explain my question here.

My wife is a Spanish Passport holder born in the UK but brought up in Spain. Her father holds a british passport and mother holds a spanish passport but they were never married to each other.

We are living and working in London and I am on a EEA Family Permit. I can only travel to Europe with my wife without a visa, hence I wanted to know will my wife be eligible for a British Passport as she was born in the UK after 1983 to a british father who is and always has been a british passport holder ?

I appreciate any assistance from you all. We have a small travel business due to which sometimes I needs to travel on my own for meetings etc in Europe and currently my wife has to always tag along, which is not always feasible as we both have professional jobs here in London.

Thanks a lot

[Jambo]

One thing I don't understand is how by your wife holding a British passport, would change anything for your travel? Just apply for a Schengen visa if you need to travel alone.

[Tanzy]

[quote="Jambo"]One thing I don't understand is how by your wife holding a British passport, would change anything for your travel? Just apply for a Schengen visa if you need to travel alone.[/quote]

Thanks for you reply Jambo,

I apply for Schengen Visa each time I have to travel anyways, as there is no other alternative.

Besides my wife would like to apply for a British Passport (if she is eligible) as we are planning to settle down here and we are buying our flat in London by the end of this year, etc. etc..

Furthermore, not that I am an expert but probably by my wife holding a British passport I would be able to change my immigration category sooner, and apply for a British passport quicker than having to wait for 6 years in total, as it is now ?

Hope I clarified the reason for asking the question better this time.

Thanks a lot

[vinny]

My wife is a Spanish Passport holder born in the UK but brought up in Spain. Her father holds a british passport and mother holds a spanish passport but they were never married to each other.

We are living and working in London and I am on a EEA Family Permit. I can only travel to Europe with my wife without a visa, hence I wanted to know will my wife be eligible for a British Passport as she was born in the UK after 1983 to a british father who is and always has been a british passport holder ?

No, not via her father, because her father was never married to her mother. However, if her mother was considered settled in the UK at the time of your wife's birth, then your wife is automatically British.

Moreover, if your wife was continuously in the UK for the first 10 years, then she may be entitled to register for British citizenship first.

What is your wife's date of birth?

[Tanzy]

Thanks a lot for your reply.

My wife was born in 1990 in the UK, she was 2 when her mother who is a Spanish citizen moved to Spain with her. Her mother only lived for 3 years approximately in the UK before she moved back to Spain.

Furthermore, my wife returned and started living in the UK from 2012 only (so less than 2 years).

From what you mentioned it looks like she is not British by birth, although her father is British and she has a British birth certificate.

Thanks once again for your reply and really appreciate your time in assisting us on this.

Cheers

[JAJ]

If your wife was born in the United Kingdom in 1990, with a Spanish mother, then there is a good chance she is a British citizen.
http://www.ukba.homeoffice.gov.uk/briti ... territory/

She could get a certificate of British nationality status from the Home Office, using form NS. With that certificate, she could apply for a British passport.

HOWEVER, before she takes any steps along these lines, she should consider the following:

1. If she is dual British/Spanish, you may not be eligible for a residence permit under the EEA laws. You might be expected to switch to the spouse immigration status under the domestic immigration laws. At a minimum, you should speak to an experienced immigration solicitor to discuss options.

2. She ought to consider whether obtaining a British passport would have any implications for her Spanish citizenship. Spain hasn't got an absolute bar on dual citizenship, as far as I know, but there are some restrictions. She should consult with a Spanish immigration lawyer to discuss further. For example, it might be acceptable under Spanish law for her to confirm her nationality status in the U.K., but not to get a British passport.

She could always collect the necessary documents to support her own application for confirmation of British citizenship - documents confirming her mother's Spanish citizenship and what her mother was doing in the U.K. at the time (National Insurance number, National Insurance records, anything else showing she was working). Even if she chooses to wait some time before applying to confirm her British citizenship.

[Tanzy]

Thanks a lot Jaj,

The information is really helpful, as you suggested we will consult a solicitor and then take a decision accordingly.

Really appreciate it.

Cheers.

[JAJ]

Actually - your wife may not necessarily be a British citizen. The Home Office document on EEA/Swiss nationals states that although Spain (and Portugal) joined the then EEC in January 1986, the free movement of labour provisions did not apply in full until January 1992.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Although, after 1 January 1986, Spanish and Portuguese nationals were free to establish themselves in a business or self-employed occupation, or otherwise to provide or receive services for remuneration in other parts of the EC, they did not benefit from the free movement of labour provisions in the EC Treaty until 1 January 1992. Before that date, those wishing to take waged or salaried employment in the UK required a work permit or had to qualify for entry under the Immigration Rules relating to permit-free employment.

So your wife's mother would have needed a visa of some kind to be in the U.K. in 1990, unless she qualified under the limited EEC exceptions applicable to Spanish citizens at the time. If she had Indefinite Leave to Remain or equivalent, then your wife would be British at birth. However, if her visa was time limited, then your wife would not have acquired British citizenship. Since her parents were never married, it is unlikely that there is any citizenship claim based on her father.

Next step should be to understand exactly what the basis of her mother's stay in the U.K. was.