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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
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A friend has just turned 18, she was born in the UK to an American

Resolved Question:

A friend has just turned 18, she was born in the UK to an American mother and British father and she holds a U.S. passport. It appears she has no right to stay in the UK and fears leaving the country in case she is refused admission on her return. What is her best course of action in order to secure her residency in the UK ?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
How is that her father is a UK citizen?
Kind regards
Tom
Customer: replied 2 years ago.
Her mother was brought in to the country aged 10 from the USA because her father was in the USAF, she has remained in the UK and lived with a UK man for 20 years during which time they had the young girl in question. The parents are longer together .
The mothers father (the USAF) has leave to stay in the UK as have his children but apparently this does not apply to grandchildren, hence the 18 year old (his granddaughter) is not covered.
I hope that helps
Paul
Expert:  Thomas replied 2 years ago.
Hi,
Thanks, ***** ***** important issue is they type of UK citizenship that your friend's father has.
Was her father born in the UK to UK citizen parents?
Do you know the father's date of birth?
Kind regards,
Tom
Customer: replied 2 years ago.

The father was born in the UK in 1959 and has been resident here ever since.

Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If your friend was born in the UK and her UK-citizen father has was also born in the UK then she is automatically qualified for a UK passport (unless she has formally denounced her Uk citizenship – she would know if she has.
Please refer to section 1(1)of the British Nationality Act 1981:
http://www.legislation.gov.uk/ukpga/1981/61
You will see that this confirms that a person born in the UK shall be a UK citizen if either their mother and father are also a UK citizen at the time of their birth.
On the facts as you have stated them to me, she is automatically qualified for UK citizenship.
This means that she can apply for her UK passport in the normal way provided that she can prove her parentage and their citizenship (fairly easy).
The UK and US permit dual citizenship so she will be able to hold both citizenships/passports at the same time.
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 2 years ago.

We had heard that in order for this to apply the parents had to be married, in the case in question the parents never got married so does your response still hold true?

Expert:  Thomas replied 2 years ago.
Hi,
The lack of a marriage would only be a problem if your friend was born before 1983. After 1983 the British Nationality Act came in to force and determines citizenship from this date.
As you can see from the legislation I referred you to, there is no requirement for marriage.
Tom
Customer: replied 2 years ago.

I shall proceed on that information. Thank you.

Expert:  Thomas replied 2 years ago.
You're welcome
Tom
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