Passport help - UK passport entitlement

[task]

I don't tend to post often here but I thought this might be something people had an opinion on or could possibly help with.

I have a good friend who has a dilemma, she can't get a passport.

She was born in the UK (has a UK Birth certificate), has lived here her whole life, been through the school system and is registered on the electoral role.

Her mum was born in the USA but has lived here since before my friend was born. My friends dad is from the UK although currently lives abroad (her mum and dad didn't marry).

Looking through the rules and regulations there appears to be no way my friends can get a UK Passport; she's certainly a UK citizen having lived here her whole life, eligible to vote etc.

CAB just seemed to quote rules from the website when she called them and nobody there seemed to be of any help.

She's also tried to get an American passport through her mum but that is a dead avenue.

It currently seems like she is destined to not get a passport.
Any ideas where she can go from here?

 

[zootfloot]

I dont understand why she cant get a passport....you said she is a UK resident,was born here and has the birth certificate....whats the exact problem or am i missing something obvious.

 

[Cuchulain]

What's actually preventing her getting a UK passport?

 

[J.B]

Ring the passport office? Im not expert but I dont understand why she cant get a passport.

 

[Morgoth]

I would contact the passport office instead of CAB.

 

[Rich_L]

I think she might have to apply for citizenship first

What's actually preventing her getting a UK passport?

I don't believe she is classed as a UK national.

I'm guessing she is born after 1 January 1983?

 

[task]

She contacted the passport office while back (sensible first point of contact), they told her that she wasn't, as far as they were concerened, a British citizen. Because her mum is not a UK citizen and her parents were not married her entitlemet doesn't seem to be automatic. I'll check with her what they said exactly though, to clarify.

 

[Rich_L]

Here you go:

http://www.bia.homeoffice.gov.uk/britishcitizenship/eligibility/statelesspeople/bornintheuk/

Can I register as a British citizen or British overseas territories citizen if I am a stateless person born in the United Kingdom or British overseas territories on or after 1 January 1983?

Does that sound about right?

 

[task]

I think she might have to apply for citizenship first

I don't believe she is classed as a UK national.

I'm guessing she is born after 1 January 1983?

Yes, she was born after that 1 Jan 1983. What does "applying for citizenship" entail?

 

[bam0]

I think she might have to apply for citizenship first

I don't believe she is classed as a UK national.

I'm guessing she is born after 1 January 1983?

But her Dad is a British citizen, so even by the 1983 rules she still is.

If you were born in the United Kingdom on or after 1 January 1983, you are a British citizen if at the time of your birth one of your parents was:

* a British citizen; or
* legally settled in the United Kingdom.

 

[Rich_L]

But her Dad is a British citizen, so even by the 1983 rules she still is.

Nope, it was only in 2006 that unmarried British fathers count - as they aren't married she can't use that avenue.

 

[bam0]

Nope, it was only in 2006 that unmarried British fathers count - as they aren't married she can't use that avenue.

Ahh, sucks. Maybe worth checking if her Mother was legally settled, that'd do instead.

 

[task]

Thanks Rich, that looks to be fairly useful, I will show her and see what she says.

Bam, as I understood it by the post 1983 rules her parents had to be married for her fathers status to be taken into account?

Doh, beaten to it

 

[Rich_L]

Ahh, sucks. Maybe worth checking if her Mother was legally settled, that'd do instead.

Yeah she might be ok actually, I assume if her mother has been here all that time then she at least has ILR in which case the daughter will be a British citizen.

If she doesn't...then it is definitely a tricky situation and might be worth getting in touch with an immigration lawyer

 

[task]

Yeah she might be ok actually, I assume if her mother has been here all that time then she at least has ILR in which case the daughter will be a British citizen.

If she doesn't...then it is definitely a tricky situation and might be worth getting in touch with an immigration lawyer

ILR?

I'm not sure what her mum is, I will check that. Looking at the link you provided it certainly seems that she falls into that category, apart from not having a passport as a supporting document. It should be easy for her to get papers from school/college etc.

 

[Kutter]

Why cant she get a US passport , got one for my daughter couple of months ago, wifes american, we we married here, baby was born here, got the passport, birth cert and social bsecurity number without any hassle.

 

[Raymond Lin]

Can't you get both?

 

[task]

Why cant she get a US passport , got one for my daughter couple of months ago, wifes american, we we married here, baby was born here, got the passport, birth cert and social bsecurity number without any hassle.

I'll get her to explore that avenue again, I don't really know what she asked and to who so I can't say. How does a US passport affect living/working in the UK?

 

[Rich_L]

ILR?

I'm not sure what her mum is, I will check that. Looking at the link you provided it certainly seems that she falls into that category, apart from not having a passport as a supporting document. It should be easy for her to get papers from school/college etc.

Indefinite Leave to Remain.

Yeah it's pretty much crucial what status her mum has

 

[Tripnologist]

ILR?

Indefinite leave to remain.

edit: gah, beaten. Took me a while to read the whole page.