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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hello, I was born in the UK after 1983 to illegal parents

Customer Question

Hello,
I was born in the UK after 1983 to illegal parents but i lived the first 5 years of my life in the uk before i returned back to Africa with my parents.I do have a British birth certificate which i know doesn't make a British citizen.I moved back to the UK on a visitors visa 3 years ago,While staying in the uk i visited some solicitor and i was told i would need to live in the uk for period of 5 years before i can naturalized to a British citizen.

My question is i just want to know how true is this and if there is other ways i could apply
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you for your question and welcome.

My name is AJ and I will assist you.

I am afraid what you have been told is correct having a birth certificate is not sufficient your parents need to have settled here and as they were here illegally it means you do not automatically qualify for citizenship.

What you can do is:
1. Go to another EU country that has more lenient criteria and seek citizenship there;
2. Claim Ayslum - https://www.gov.uk/claim-asylum
3. Wait the five year period - you can be out of the country in that five year period for a maximum of 450 days.
4. If you are not recognised as a citizen of any other country (i.e you are stateless) you may be able to use your birth certificate to apply for British Citizenship.

It may be worth trying to apply for citizenship with your birth certificate.

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 2 years ago.

Hi,
Thanks for your speedy reply Aj,There is know way i could travel out of the UK to another Eu country because my Ghanian passport which i came to the UK with has expired sometimes last year.Is there any chances i can apply to be a British citizen once i await for the 5 years period and what basis would i apply as,Because i at the moment i don't have any valid documents.I own a expired Ghanian passport is it possible for me to be recognize stateless.


Hope to read from you soon

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

How long have you been in the UK for?

You dont need your passport to apply. https://www.gov.uk/becoming-a-british-citizen/how-to-apply - here is the application form.

I suspect if you have a Ghanaian passport you wont be deemed statless but if you have your birth certificate from the UK it would be worth at least asking the UKBA if you can apply on those grounds.

Otherwise I am afraid you will have to wait the five year period for the application to be completed and considered.

Kind regards

AJ
Customer: replied 2 years ago.

Hi,
After i was born i lived in the UK for the first 5 years of my life then returned to Ghana since my return to the UK i having been living here for 3 years .I don't have a problem waiting for the 5 years period i just want to know on what grounds or basis would i apply to be a British citizen.I once read it on the ukba site you have to be legally settled in the UK before you can neutralized to be a British citizen.So would i be affected from neutralizing because i am not here legally,I can practically do everything a British citizen can do in the UK apart from traveling abroad.

Expert:  UKSolicitorJA replied 2 years ago.
Hello,

I am afraid the news is not good.

You would have been eligible to apply for British Citizenship had you lived in the UK for the first 10 years of your life, which you did not.

You are currently here on an expired visitors visa and therefore with no lawful leave to remain.

Although you were born in the UK, I am afraid you will be treated as a Ghanaian national without leave to remain and therefore the 5 years route is not really an option for you unless you leave the UK and enter on a route which gives you settlement after 5 years e.g spouse of a settled person or British citizen or a points based worker.

You may apply for further leave to remain on human rights grounds using FLR(O) but you have not raised any human rights issues as to why you cannot live in Ghana. Making an asylum claim is futile in your case I am afraid and it is likely to be refused.

Hope this helps

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