How did you obtain uk citizenship please? How were you eligible for it please?
I am still a bit unclear on how you got your UK citizenship. Did you naturalise as a UK citizen when you arrived in the UK? Were you simply given UK citizenship when you arrived?
Did your mother have any UK ancestry?
Ok. So you think your mother got her passport as a result of her residing in the UK by going to school/university?
Thanks for your question. I will try to help.
Unfortunately, I do not think your son is eligible for a UK passport.
The most optimistic scenario would be that your mother obtained UK citizenship “otherwise than by descent”. Even this is still unclear on the information that you have given me.
If she had this citizenship (ie. the most useful in terms of passing to children) then because you were born outside the UK you would have inherited it from her “by descent”.
Unfortunately, this means that you cannot automatically pass your citizenship on to your children if they are born outside the UK. The only way that your son would have been able to apply for UK citizenship would be by registering him whilst he was a child. In order to do this you would have to have shown that you are a UK citizen by descent and that you spent three years in the UK at some point before he was born and that you did not leave the UK for more than 270 days within this three year period.
However, because registration in these circumstances would have to occur before the child is an adult it would not now be possible for him to register as a UK citizen because he is an adult. This is very strictly applied.
This means that if he now wished to naturalise as a UK citizen he would have to go through the same process as any other non-UK, Non-eea citizen, which means that he would have to secure a visa which allowed for him to work in the UK and then live her on that visa until such time as he is able to apply for “indefinite leave to remain” (usually 5 years) and then apply to naturalise 12 months after obtaining indefinite leave to remain.
I am really sorry that I could not have better news for you
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Yes, if you got your UK passport by naturalisation then you would hold UK citizenship "otherwise than by descent". This means that you would be able to pass on your UK citizenship to your son even though he was born outside the UK. In these circumstances, your son would be able to apply for a UK passport provided you could prove the facts of his birth and that you receive citizenship by naturalisation.
I assumed that you didn't get it by naturalisation because you said that you arrived in the UK in 1971 and got your passport in 1972, which would mean that you had only been living in the Uk for 1 year and this period of residence would not be sufficient at the time (I believe) for you to qualify for naturalisation only a year after you arrived.
Your time spent in the UK at school is not realy relevant to your son's citizenship by regsitration because your son is now an adult.
If you were able to show that you obtained your citizenship by naturalisation then your son would be eligible though.
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It isn't really, it's the responsibility of the person who obtains the passport (or their parent) to know how they obtained citizenship. In the absence of this you have to rely on the analysis of the facts as you can best establish them, which is what I did:
1. 1 year is not long enough for you to naturalise when you got your passport in 1972
2. Therefore, the most probable way that you got your citizenship is by descent from your mother who got her passport in '57/'58
3. Therefore, you are a UK citizen "by descent"
4. Therefore, you cannot automatically pass on citizenship to your child
5. Therefore, the only way that your son could have registered as a UK citizen is by registration, which is required to happen before he is an adult.
6. Your son is an adult and is therefore not able to register as a UK citizen. Therefore he is not eligible.
Please do leave feedback.Tom
You have said that you already obtained your passport in 1971.
1. It normally takes about 4-8 weeks to have passport renewed.
2. I have no idea how long it took to get a passport in these circumstances in 1971.
The normal time frame to naturalise would be something like 5-6 years.
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He would have to apply for a work visa, usually a tier 2 sponsored skilled worker visa and then spend 5 years on it wokring. Then the would have to apply for "indefinite leave to remain". Then he would have to wait 12 months after obtaining ILR and then apply to naturalise provided he met the criteria on the following page:
It would not work because it would be for the sole purpose of getting him a visa.
If he had access to £200,000 then he could apply for a tier 1 entrepreneur visa:
Trust me. It would not work and you would waste time and money because it's purely for the purpose of getting him a visa. Forget about it.
I cannot comment further.
If you were to propose to make your son a director in a company in the UK and to invest £200, 000.00 in the business in the UK then I would encourage you to make application after instructing a solicitor.
If you do not have access to this amount and proposed to simply set up a company and sponsor your son then it would not work, I am sorry.
I am a lawyer and a businessman, I have set up my own successful practice.
You are quite simply not accepting my view from my extensive experience, you would waste time and money if you do not but that is entirely your prerogative and I wish you luck.