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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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my 24 year old daughter was born in the USA and holds a US

Resolved Question:

my 24 year old daughter was born in the USA and holds a US passport. She has lived in the UK since the age of 4 months. She has a permanent resident visa. She wants to get a UK passport now and I am unsure whether she is a citizen. Does she need to go through citizenship tests? She was born 17 May 1990 and entered this country September 1990. I was born in South Africa and have held a UK passport for 18 years. Her father is Turkish and does not hold a UK passport.
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your question.

How did you obtain your UK citizenship please?

What applications in terms of visas (ie. leave to remain) have you made in respect of your daughter during her life (if any)?

Kind regards,

Tom
Customer: replied 3 years ago.

I obtained a visa as my ex husband worked in this country and once I had lived here for 5 years I was eligible to apply for a passport which I did.


 


I have never made any applications for my daughter to remain here. She has her visa stamped into her passport and when she enters the country the customs refer to that and stamp her in.

Expert:  Thomas replied 3 years ago.
Hi,

Thanks.

Drafting your answer now. 5 mins please.

Kind regards,

Tom
Expert:  Thomas replied 3 years ago.

Hi

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

Because she was born outside the UK to parents who were not UK citizens at the time of her birth she does not automatically qualify for UK citizenship.

She does not appear to be eligible for registration as a UK citizen (which is one route by which a person who is not eligible for UK citizenship automatically can sometimes get UK citizenship) again because neither of her parents were UK citizens at birth.

If your daughter was born in the UK then she would be entitled to UK citizenship after you had naturalised as a Uk citizen.

Therefore, she can only obtain UK citizenship by applying for and obtaining naturalisation as a UK citizen.

In order to be eligible to do this she must be free from immigration time restrictions, which means that she must have “indefinite leave to remain”. I assume that this is what you mean when you said she has a “permanent residence visa”, although indefinite leave to remain is different to a visa because visas are time-limited and a person on a visa cannot apply for naturalisation until they hold ILR.

If you are in any doubt as to whether she has indefinite leave to remain then you should check her passport and confirm locally with an immigration solicitor if there is any doubt.

Assuming that she does have indefinite leave to remain and has held this for longer than 12 months then she can apply to naturalise subject to the eligibility criteria on the following page:-
https://www.gov.uk/becoming-a-british-citizen/check-if-you-can-apply
Please note the residential requirements on the above link at the second set of bullet points. If she holds US citizenship as well then she will not need to meet the English language requirement and will only have to pass the Life in the UK test.

Once she has naturalised she will go through a citizenship ceremony and then get a certificate of naturalisation. She can then use this certificate to apply for a UK passport.

I am sorry that it is not a bit easier for her.


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

Customer: replied 3 years ago.

She has indefinite leave to remain in the country. Where would she take this test and do you know how long it would take for her to get her citizenship?

Expert:  Thomas replied 3 years ago.
Hi,

Yes, she would still have to take the life in the UK test and otherwise meet the eligibility criteria. All applicants have to.

Information on the test is contained here:-
https://www.gov.uk/life-in-the-uk-test/overview

She should be able to pass the test in a couple of months.

After she has applied they will confirm receipt within 4 weeks and will decide on the application within 6 months, although it generally happens a bit quicker than that. If the application, as it appears, is relatively straightforward then you can probably expect to hear back within 8 weeks of the date of the application.

Kind regards

Tom
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for your help.

Expert:  Thomas replied 3 years ago.
You're welcome. Please do remember to rate my answer once you are finished.

Good luck. She will be fine.

Tom

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