Can my girl friend gets a British passport because of her birth certificate in UK?
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Can my girl friend gets a British passport because of her birth certificate in UK?
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Hi
My girlfriend's family are Iranian,but her parents were living in the UK by Educational Visa and her father was educating in University Of Manchester in the year 1985 when she was born in there! She has lived in the Manchester city until the age 3 and after that their parents and her moved back to Iran in 1988.
She has her Birth Certificate of UK with a Long and Short form... Does she include the citizenship laws of UK? Can she get a British passport?
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Love.Canada
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Shes British |
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Docar
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Your girl friend would be an Iranian citizen. She has no claim to British citizenship or a British passport. Sorry!
Cheeky Devil: The British government doesn't get to decide who gets what citizenship unless it's British citizenship! Other countries get to decide for themselves who gets their citizenship! For example up until May 15, 2004 Singapore only allowed citizenship by descent if the FATHER was Singaporean. The UK could not very well tell the Singaporean government that the UK decided that they didn't like that law and that all Singaporean mothers who gave birth automatically gave Singaporean citizenship to their children!
Makes no sense! |
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Rory M
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No, in order to get a British passport, she needs to be a British citizen. a child born in the UK after 1983 is a British citizen by birth, only if one of the parents is a British citizen or her parents had lived in the UK 5 years before she was born (settled status) |
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The Dark Side
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No. The British Nationality Act 1981 states that anyone born in the UK after 1 January 1983 is only a British citizen if at least one of their parents is a British citizen or has legal permanent residence in the UK. A student visa is not permanent residence. Therefore she is not a British citizen, and only British citizens can have a British passport. If she applied for a British passport, she would have to send not only her full birth certificate but also the full birth certificate of a British-born parent or other proof that she has a parent who is British or has permanent residence, which she can't so the application would be refused.
Before 1983 she would have been British - under the previous law, anyone born on British soil was British. The law was changed to stop people coming to the UK while pregnant, having a baby and then claiming to be able to stay because their baby is British. (They call this "anchor babies" in the USA - I cannot understand why they don't change the law in the same way as the UK did if they have a problem with it.)
Having an English birth certificate shows nothing more than that your girlfriend was born in England. Simple as that. |
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Doraemon
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Hi there,
Your girlfriend will not get a British passport on the ground that she has a British birth certificate because she was born to non-British parents while they were staying in Britain on Student and Spouse Visas and moved back to Iran in 1988.
However, if at least one of her parents had Indefinite Leave to Remain (Settlement) Visa at the time of her birth and she was registered as a British citizen, she would have been eligible to apply for a British passport.
Here is a section explaining how to register children born in Britain to non-British parents as a British citizen.
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/children/britishcitizen/borninuk/
Hope this helps. |
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Cheeky Devil
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In 1985 the immigration authorities deemed a child born in the uk to take the nationality of it's mother, later the law was changed so the child takes the nationality of either parent. But in both cases this makes her Iranian. You should check the border agency website for more info: http://www.ukba.homeoffice.gov.uk/
Edit: No she is not a British citizen. If she was born before 1983 she would have qualified for citizenship, but the law changed after that date.
http://www.ukba.homeoffice.gov.uk/britishcitizenship/othernationality/Britishcitizenship/borninukorqualifyingterritory/
(Her parents were students, not legally settled in the UK)
Docar: It's not a question of telling another country who there citizens are. If a singaporean couple came to the UK on a tourist visa and the female gave birth, that child would be considered by Britain as having the nationality of it's mother (in the past). Therefore, when the parents returned home the child would have to go with them. It also means that the couple could not get British citizenship through their child being born in the UK. Check immigration law for a fuller understanding. |
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GerdP
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No, after the 1st of January 1983 only children born in the U.K. to British citizen or permanent resident permit holders with the right to abode in the U.K. have aquired British citizenship.
Your girlfriend only holds Iranian citizenship and is subject to British immigration requirements, hence she requires to hold a visa to enter the country.
http://www.ukvisas.gov.uk/en/ukvqr?redirect=true&promoId=22829598&reason=Visit&nationality=Iran&location=Iran .. |
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fatya
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hi.your girl freind needs to have a proof that there parents were living in UK for 5 years before her birth even if they are'nt british ...me too i want to have a british nationality .i succeded to have a french nationality because my mother has got a french nationality and now i need to live in UK over than 5 years to have a certificate of residence and then i can get it |
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BB
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