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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7617
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I would like to know if there is any possibility of getting

Resolved Question:

I would like to know if there is any possibility of getting a British Passport for my grandson who is born and living in Netherlands. His mother ( my daughter) is British and acquired her British citizenship through descent since I was born in UK.
Under exceptional cases British citizenship can be applied for if a person is "stateless". The Dutch authorities are not granting him a resident card and therefore my daughter and her son would have to leave Netherlands but he does not have British residency
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi, Thanks for your question. At any point before your grandson was born, did your daughter live in the UK for a three year period (any three years) without leaving the UK for more then 270 days during the three years?Tom
Customer: replied 1 year ago.
No she did not ever live in the UK. She acquired her passport purely on the basis of descent from me. She will now be forced to leave Netherlands( depending on legal outcome) and this will really disrupt her life as a single parent
Expert:  Thomas replied 1 year ago.
Thanks, ***** ***** answer now. 5 mins please.
Expert:  Thomas replied 1 year ago.
Hi Thank you for your question and patience, I’m Tom and I’ll try to help you.It would have been simpler if your daughter had lived in the UK.However, all is not lost. It seems that your best chance – as you have correctly identified is to make an application for uk citizenship by registration. The section of the British Nationality Act 1981 that is relevant is section 3(2). In the case of a person who is otherwise stateless you only have to prove that they are stateless and that the mother was a British citizen by descent at the time of the child’s birth and that. So an application under this section for registration as a uk citizen is the best way forward. However, you will also need the consent of the child’s father in order for the application to proceed.You will also need to show evidence of the fact that he is stateless so any documentation and correspondence that you have from the Dutch authorities is going to be useful here. Provided that you are able to do the above then I expect that the application would ultimately be successful but it may take a bit of time and effort to sort out. 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 1 year ago.
I did forget to mention that he is presently holding a Canadian passport since we lived most of our lives in Canada and moved to Netherlands in 2001. He acquired his Canadian passport due to descent.
However we have no roots in Canada and moving them there is not practicable.
Will the fact that he has a Canadian passport cause a negative effect on his application for British citizenship?
Technically he was stateless when he was born since the Dutch could not allow him residency
Customer: replied 1 year ago.
I hope you can provide a response to my last question since it will be futile applying for British citizenship if the chances are next to nill
Expert:  Thomas replied 1 year ago.
Hi, Unfortunately, if he has Canadian citizenship then this would prevent him registering under the aforementioned section of the British nationality act. Since he holds citizenship already he cannot be regarded as being stateless. This means that the only section of the act available to him would be the discretionary section at section 3(1). This is where the secretary of state can register a person if they see fit. However, in the circumstance the application would be complicated and so probably the easiest way to get him to the UK would be by simply applying for a visa as the child of a UK parent. The eligibility criteria for this is on the following link:https://www.gov.uk/join-family-in-uk/eligibilitySee "Joining your parents". I am sorry that the options are thin.Please do remember to leave feedback though. Tom
Customer: replied 1 year ago.
Could you indicate the link for more information on Sec 3(1) please
Expert:  Thomas replied 1 year ago.
hi, There is no information/guidance on this section because it's entirely discretionary. However, you can refer to the actual wording of the power by reading s(3)(1) itself in the legislationhttp://www.legislation.gov.uk/ukpga/1981/61Tom
Customer: replied 1 year ago.
Since the "Joining your parents" does not apply because it means the mother is already living there or will be moving there, I would like to know if Sec 3(1) even though complicated and if she proceeds then is it just filling out the registration of a child for British citizenship?
Expert:  Thomas replied 1 year ago.
Hi, I believe it would be MN1 and you can find some minimal guidance at page 12-14 on the following link:https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/483729/MN1_Guide_December_2015.pdf Because the application is complicated, I would not consider making it without instructing a UK based solicitor to act for you in doing so though. Please remember to leave feedback. Tom
Customer: replied 1 year ago.
So are you a UK based solicitor who can help with this application and what would be your fee and could it be done remotely from Netherlands or require a visit to UK?
Expert:  Thomas replied 1 year ago.
Hi, I'm afraid that I cannot accept instructions from a customer of this site. You will be able to instruct a UK based solicitor remotely from where you are thought, but they will need you to go to a lawyer or notary where you are in order to verify your identity first. Tom
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Customer: replied 1 year ago.
Ok thank you for your help in this matter