How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask UK_Lawyer Your Own Question

UK_Lawyer
UK_Lawyer, Solicitor
Category: Immigration Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
66967392
Type Your Immigration Law Question Here...
UK_Lawyer is online now

Hello,My case is in the Home Office UK. I have a Tier 1

Customer Question

Hello, My case is in the Home Office UK. I have a Tier 1 (Gen) Dependent status. My father is a registered British Citizen. I was born outside of United Kingdom on January 1980 in India. My father registered as British Citizen in East Africa somewhere in 1955. During the 1960's revolution in Africa he traveled to India. After arriving in India, he had never travel outside of India nor he have Indian passport till date. I have established with Home Office United Kingdom about his status which is still remain as British Citizen. In the year 1999, I have applied for an Indian Passport unaware about mine & my father's nationality. I have travel to United Kingdom in 2008 for Studies. I have finish my studies & currently holding Tier 1 (Gen) Dependent status. When i took a legal advice in the UK about my father's nationality status; to my surprise outcome was that my father still holds his British Nationality. Now when i am applying to register myself as British Citizen from Tier 1 (Gen) Dependent status; Home Office UK ask me to provide a confirmation letter from Indian Authorities to say that Indian Passport is issued in error. I have tried for that letter but it is impossible to get one; as there is no such register available to identify Indian Citizens & Dual Nationals. The email confirmation from Home Ministry New Delhi (Foreign Division) backed up above point that Indian Officials don't have such register to distinguish between Indian National & Dual Nationals. This was one of the reason that's why Indian Passport authorities don't refuse me to apply for the Indian passport. Also that email confirms one more point that India doesn't allow Dual Nationality for Adults & if a Indian born person holds any other nationality & if he don't act till reaching 18 & half then Indian Nationality falls away automatically. Which has happen in my case as i was unaware about it & have merely applied for the Indian Passport. I have never made a selection under section 9 of Indian citizenship act that m accepting Indian nationality & leaving other. Kindly advice what can be the solution. Thank you, XXXXX XXXXX ([email protected])

Submitted: 3 years ago.
Category: Immigration Law
Expert:  UK_Lawyer replied 3 years ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

Do you want to relinquish your indian citizenship?

Kind regards
Customer: replied 3 years ago.
I want to register as British Citizen.
Expert:  UK_Lawyer replied 3 years ago.
As you correctly stated, if you do not want to relinquish your Indian citizenship, then it would be very difficult for you to apply for and obtain a British passport.

Although the passport has been issued in error in your case, the fact remains that you applied for the passport and one was granted. You are an Indian national. The home office has asked you to provide them with a letter from the issuing authority confirming that the passport was granted in error but you are unable to provide such a letter.

What you can do is inform the home office of the email you received confirming that no such letter can be obtained from the Indian authorities. however, if the home office should consider the email you received and take what was written in to consideration when deciding your application.

The fact is that even if you do not strictly meet the requirements for naturalisation you are still able to obtain naturalisation at the discretion of the home office. Please see the following link:

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/nationalityinstructions/nichapter18/chapter18?view=Binary

I would therefore suggest that you inform the home office of the email, and also include a covering letter enclosing the email, stating why the Indian authorities do not issue the required letter, in addition to this you should state that if the immigration officer is not minded to issue you wish naturalisation, they should exercise discretion (as per the above link) and issue you with naturalisation.

From what you have mentioned if the only reason the home office refuse you naturalisation is because you are unable to obtain a letter from India, then they should definitely exercise discretion and grant you naturalisation regardless because you have provided them with a plausible reason for not being able to provide the requested letter.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 3 years ago.
I have forwarded the mail in a prescribe manner but home office is not taken it into the consideration. Also have provided them with an expert opinion on Indian Dual Nationality. It was prepared by a Indian Supreme Court barrister. Which also explains how I have lost Indian Nationality in 1998 when was 18 & half. I applied & got my Indian passport at the age of 19 which proves it is an error. But what about home office guideline in this regards.
Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

The Home Office guidance do not offer to much, but state that they do not have an issue with granting naturalisation if the applicant has another nationality. Please see the following link:

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/britishcitizenship/informationleaflets/bnchapters/bn18.pdf?view=Binary

If you have not been given the right to appeal then your other option would be to ask for a judicial review and take the case to the High Court and let a judge decide whether the decision of the home office is correct.

Judicial review is a process whereby you apply to the High Court if permission to appeal is not given asking them to decide whether the decision made was correctly thought out and whether the way the decision was made was correct. If the decision is decided in your favour then the home office would need to reconsider their decision.

Judicial review is a complicated process and I would suggest that to consult a solicitor to assist you in applying to the High Court for Judicial Review.It does seem like the home office are not give any much weight as they should do to the documentary evidence from India.

In either case I would suggest that you ask the home office to exercise discretion and grant you naturalisation as per the above link in my previous answer.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Thomas

    Lawyer

    Satisfied Customers:

    866
    UK Lawyer holding practising certficate for England & Wales.
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    866
    UK Lawyer holding practising certficate for England & Wales.
  • http://ww2.justanswer.com/uploads/UK/UKSolicitorJA/2011-9-26_165252_lawyer.64x64.jpg UKSolicitorJA's Avatar

    UKSolicitorJA

    Solicitor

    Satisfied Customers:

    549
    English solicitor with over 12 years experience
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    1
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    105
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Immigration Lawyer

    Satisfied Customers:

    33
    US immigration attorney licensed in state and federal court.
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    92
    Partner in national law firm