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 Thomas Your Own Question
Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
28732269
Type Your Immigration Law Question Here...
Thomas is online now

Both my parents are British. I was born in Canada. My parents

Resolved Question:

Both my parents are British. I was born in Canada. My parents moved back to Britain in 1966 when i was 6. I have lived in Britain since then and married to a British citizen since 1984. We have 1 son who was born in Britain age 25. How do apply for indefinate leave to remain
Thankyou
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
Where and when were your parents born?
Did your previous passport have "indefinite leave to remain" or similar stamped in it?
Please confirm that you have travelled out of the UK and re-entered since you arrived in the UK as well.
Kind regards,
Tom
Customer: replied 2 years ago.

Hi Tom

Both my parents are born in Wales. One in 1934 and one in 1932.

My current Canadian passport has expired. The one before this one had indefinate leave to remain but not the one which has just expired.

I have lived in the UK since 1966 and has travelled to Holland Florida and Spain for short holidays. I have not travelled abroad for the past 5 years though. I have always lived in Wales. My husband is British along with my son who was born in 1990

Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your reply.
Do you still have both (1) your old passport with ILR in it and (2) your one which has just expired?
Tom
Customer: replied 2 years ago.

I only had it stamped in the one which is the one which expired before this one. The most recent one which has expired does not have it stamped

Expert:  Thomas replied 2 years ago.
Hi
Thanks.
I will be able to answer at 9 a.m
Tom
Expert:  Thomas replied 2 years ago.
Hi,
Sorry, one final question to establish whether you are eligible for UK citizenship already.
Were your parents married before you were born?
If not, did they marry after your birth?
Kind regards,
Tom
Customer: replied 2 years ago.

My parents were married before i was born

I have 2 older sisters who were born in Wales. Myself and my younger sister were born in Canada as my parents emigrated there and came back to Wales in 1966 when i was 6

Expert:  Thomas replied 2 years ago.
Thanks. I should be able to answer at 9 a.m
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 it is the case that:
1. You were born outside the UK before 1983 and
2. Your father was born inside the UK 1983 and
3. Your parents were married at the time of your birth
..then you are entitled to UK citizenship.
This is because before 1983 a father could pass on their own UK citizenship to their children (if they were married) if those children were born outside the UK.
They type of citizenship that you would obtain would be citizenship “by descent” which means that you have all the same rights as other UK citzens except that you would not be able to pass on your own UK citizenship to such of your own children that are born outside the UK.
Therefore, the simplest thing to do would be for you to apply for a UK passport. You will be successful provided that you can prove your birth and the births of your parents.
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
Thomas and 2 other Immigration Law Specialists are ready to help you