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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7481
Experience:  UK Lawyer holding practising certficate for England & Wales.
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my daughter was born here on 2feb 1983and her father was a

Customer Question

my daughter was born here on 2feb 1983and her father was a student here.wentback home in 1985 then came backin 1989to 1993 her father was sent to head companysoffices here.daughter came in 2005to 2009.went home to go to uni in nambia to date as i coul not afford the fees here.. how does she claim her citzen or stay
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your question.

What nationality is your daughter at the moment?

What nationality are you and what nationality is your daughter's father?

Where is your daughter?

Kind regards,

Tom
Customer: replied 2 years ago.

both mum and dad are zambian. she is zambian at the moment.she is finishing university in nambia this year.

Expert:  Thomas replied 2 years ago.
Hi,

Thanks. So is the following correct:-
- Your daughter was born in the UK on 02/02/1983
- Your daughter returned to Zambia in 1985
- Your daughter then came back to the UK in 1989 and stayed to 1993
- In 1993 your daughter returned to Sambia
- Your daughter returned to the UK in 2005 and stayed to 2009

Is the above timeline correct?

Please also confirm if either the mother or the father had "indefinite leave to remain" when the daughter was born.
I will only be able to answer after a meeting, which will be around 1pm though..

Kind regards


Tom
Customer: replied 2 years ago.

time line correct.no the father was a stundent.and mum was house wife at the time she was born

Expert:  Thomas replied 2 years ago.
Thanks. I will be able to answer at 1300 (in 50 mins or so) after my meeting.

Tom
Expert:  Thomas replied 2 years ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

I’m afraid that I cannot see that your daughter is entitled to UK citizenship.

If a person is born in the UK after 1982 then they are only automatically entitled to UK citizenship then they will only be entitled to UK citizenship automatically if:-
- One of their parents was a UK citizen or a foreign citizen holding “indefinite leave to remain” in the UK OR
- One of their parents obtained ILR after they were born, OR
- If the child remained in the UK for the first 10 year of their life and were not absent for more than 90 days
On the basis that neither or you are UK citizens OR had ILR at birth AND did not subsequently obtain ILR, she would be entitled to UK citizenship.

The period of time that she has spent in the UK would also not be sufficient for her to obtain ILR in her own right either.

Based on the information you have given me it seems that she would still have to apply for a visa category in order to now come to the UK.

I am sorry


My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom

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