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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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Good morning. I was brought up in the UK from 6 months to

Resolved Question:

Good morning.
I was brought up in the UK from 6 months to age 10 when my parents brought my siblings and I back to Nigeria.

All my 4 siblings hold British passports as they were born in the UK.

I hold a Nigerian Passport, am a frequent traveller to the UK, US and Schengen area.
Can I claim right of abode or citizenship by reason of my siblings as is done in the U.S?
I am 51 years
Submitted: 4 years ago.
Category: Law
Expert:  UK_Lawyer replied 4 years ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

What nationality were your parents at the time of your birth?

Kind regards
Customer: replied 4 years ago.

I was born in Lagos, Nigeria January 1962. July 1962 my mother and I joined my father who had travelled to London for studies late 1961.


 


They were both Nigerian citizens. Both are now deceased.


I have a sister who will be 50 this December and 3 surviving brothers. One had passed away in an accident in 1983. All were born in the U.K.


 


I understand from some research I did in the mid-90s that I was entitled to claim British citizenship up until my 18th birthday in 1980.


My parents had filled out an application for a British Passport in May 1971, had it signed by our then G.P Dr. P Roy, but then had a dispute over who would be responsible for the 2 pounds sterling passport fee.


 


I still have the form! I also have the entrance clearance papers for my arrival with my mother in July 1962.


 


I attended schools in West London and later in Derbyshire in the 80s.


 


I am very comfortable with the British way of life and don't reckon I will have a problem with any settlement tests.


 


 


Don't know if any of this helps.

Expert:  UK_Lawyer replied 4 years ago.
Thank you for your detailed reply.

In respect of a right to abode if you are not a British citizen, you may still have the right of abode if, on 31 December 1982, you were:

a Commonwealth citizen with a parent who, at the time of your birth or legal adoption, was a citizen of the United Kingdom and Colonies because they were born in the UK; or

a female Commonwealth citizen who was, or had been, married to a man who had the right of abode. You must have been married to him before 1 January 1983.

If you do not meet the above then it would not be possible now to obtain British citizenship regardless of your siblings having obtained nationality. Had your parents obtained citizenship at the time of your birth or you had claimed citizenship prior to you leaving the uk then it would have been fine. Even if an applicant has obtained indefinite leave to remain in the uk and have remained outside of the uk for over two years they can have issues regarding obtaining settlement and thereafter nationality.

The British Nationality Act 1981 changed nationality laws again and have made it difficult for applicant's to claim citizenship if they do not meet the requirements. What you can do however is try and obtain citizenship by discretion. Please see following link :

http://www.google.co.uk/url?sa=t&rct=j&q=british+citizenship+by+discretion&source=web&cd=3&ved=0CD8QFjAC&url=http://www.ukba.homeof fice.gov.uk/sitecontent/documents/policyandlaw/nationalityinstructions/nichapter18/chapter18?view=Binary&ei=ciwFUpHPIZGg7Abw04HIBw&usg=AFQjCNEpgSoW1Z7BZf5HeNPXWlM9Os8AvQ&bvm=bv.50500085,d.ZGU

The home office can in certain circumstances grant you naturalisation and if you submit an application for naturalisation at the discretion of the home office citing all the facts mentioned the home office may grant you citizenship.


I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
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