Pads brat citizenship???

[rtfm-fool]

Have received an email from a friend asking for help and assumes that as I'm ex army will know the answer. Does anyone have any insight, have already pointed her to SSAFA but if anyone has come across this problem any info will be a great help.

From email:

He has lived here almost all his life, went to school and uni here and thereafter he has worked here for many years. He has always paid all his taxes and legally contributed to the economy. He has in the last couple of weeks changed jobs and this has shown up that the law has changed. Due to these changes he is now considered an illegal immigrant who has no right to work here, no right to even be here. Why? All because he had the misfortune to be born on a British RAF base in Cyprus where his Dad was working at the time. This means his passport says he is a British Overseas Citizen. When the law changed all British Overseas Citizens except for those from the bases in Cyprus automatically got full British Citizenship. He on the other hand needs a visa to be allowed to be here, a work permit to be allowed to legally have a job and he can't even apply for these while he is in the country. He can't go "back home" and apply for his visa and work permit because he is home. This means we have a very uncertain time while he applies for all this during which he could be detained because of his illegal status, and his new employer can't employ him.

 

[call_me_jack]

Bloody sponging immigrants

Only kidding. Seriously though this takes the pi$$ does the legal system in this country have no common sense?

 

[Tartan_Terrier]

Have received an email from a friend asking for help and assumes that as I'm ex army will know the answer. Does anyone have any insight, have already pointed her to SSAFA but if anyone has come across this problem any info will be a great help.

From email:

He has lived here almost all his life, went to school and uni here and thereafter he has worked here for many years. He has always paid all his taxes and legally contributed to the economy. He has in the last couple of weeks changed jobs and this has shown up that the law has changed. Due to these changes he is now considered an illegal immigrant who has no right to work here, no right to even be here. Why? All because he had the misfortune to be born on a British RAF base in Cyprus where his Dad was working at the time. This means his passport says he is a British Overseas Citizen. When the law changed all British Overseas Citizens except for those from the bases in Cyprus automatically got full British Citizenship. He on the other hand needs a visa to be allowed to be here, a work permit to be allowed to legally have a job and he can't even apply for these while he is in the country. He can't go "back home" and apply for his visa and work permit because he is home. This means we have a very uncertain time while he applies for all this during which he could be detained because of his illegal status, and his new employer can't employ him.

Sounds rather bizarre.

Are you sure it's pukka?

My kids were born abroad, and their mother isn't even British, but since I am British, they are too!

 

[rtfm-fool]

I did suggest that he claim asylum so they can get a free house, medical and benefits but for some reason she didn't laugh at that (some people no sense of humour)

 

[rtfm-fool]

she is saying that for some reason cyprus is exempt from being an overseas territory and he could only have claimed citizenship by descent up to the age of 18. His father should have registered him in the uk when he was 6months old but didn't know this.

 

[Tartan_Terrier]

It seems to be correct about him being a British Overseas Citizen. See here:

http://www.uknationality.gov.uk/content/british_citizenship/english/homepage.html

How old is he?

7. Will a child who is born on or after 1 January 1983 outside the United Kingdom be a British citizen?

Yes, the child will be a British citizen if either:

(a) he or she is born on or after 21 May 2002 in a qualifying territory (see Note 6) and one of the parents (see Note 4) is a British citizen or settled in the United Kingdom or that territory (the child will be a British citizen otherwise than by descent); or

(b) one of his or her parents is a British citizen otherwise than by descent, for example by birth, adoption registration or naturalisation in the United Kingdom (the child will be a British citizen by descent); or

(c) one of his or her parents is a British citizen in Crown service under the government of the United Kingdom or of a qualifying territory (see Note 6) at the time of the birth or in service which has been designated as closely associated with the activities of Her Majesty's government or the government of a qualifying territory outside the United Kingdom and the qualifying territories, as long as the parent was recruited for service (of either kind) in the United Kingdom or a qualifying territory (the child will be a British citizen otherwise than by descent); or

(d) one of his or her parents is a British citizen working outside the United Kingdom and the qualifying territories (see Note 6) for a European Community institution at the time of the birth, as long as the parent was recruited in a country which was a member of the European Communities at the time of the recruitment. (The child will be a British citizen otherwise than by descent).

 

[PassingBells]

Isn't Cyprus part of the EU?

 

[Tartan_Terrier]

Isn't Cyprus part of the EU?

Most of it is.

A. In this leaflet, the United Kingdom means England, Scotland, Wales, Northern Ireland, the Channel Islands and the Isle of Man.

B. The United Kingdom's dependent territories on 1 January 1983 were Anguilla, Bermuda, British Antarctic Territory, British Indian Ocean Territory, Cayman Islands, Falkland Islands and Dependencies, Gibraltar, Hong Kong (not been a dependent territory since 30 June 1997), Montserrat, Pitcairn, Henderson, Ducie and Oeno Islands, St. Christopher and Nevis (not been a dependent territory since 18 September 1983), St. Helena and Dependencies, the Sovereign Base Areas of Akrotiri and Dhekelia in Cyprus, Turks and Caicos Islands and Virgin Islands.

South Georgia and the South Sandwich Islands were the "Dependencies" of the Falkland Islands, but were not dependent territories during the period 3 October 1985 - 3 December 2001.

Since 26 February 2002, the British dependent territories have been officially known as "British overseas territories" and British Dependent Territories citizens(hip) as "British overseas territories citizens(hip)".

 

[rtfm-fool]

I found this

There are fourteen British overseas territories: Anguilla, Bermuda, British Antarctic Territory, British Indian Ocean Territory, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn Islands, St Helena and Dependencies, South Georgia and the South Sandwich Islands, the Sovereign Base Areas of Akrotiri and Dhekelia in Cyprus, and the Turks and Caicos Islands.

But further on it states

In accordance with the White Paper, the Act excludes BDTC connected with the Sovereign Base Areas in Cyprus, because of the special position of this territory as a military base.


Full law is located here
http://www.opsi.gov.uk/acts/en2002/2002en08.htm

I THINK HE'S SCREWED.

 

[Immigration]

Even if he is not a British citizen, he can apply for indefinite leave to remain if he has been in the UK for 14 years. This will allow him to work in the UK. If his father was British at the time of his birth he is British by decent. It sounds like there has been some sort of mix up at some stage.

I assume that the law is written as such to prevent all of the Cypriots living on the SBAs becoming British.

 

[mercury30]

god, i'm a pads brat too, so had better look at this a bit. does germany come into the equation anywhere???

 

[Schaden]

Um what total rubbish, if you were born in the Uk, if one of either of your parents were born in the UK you have automatic UK citizenship.

If one or both of your grandparents were born in the UK you have automatic right to an ancestral visa allowing you to enter, live and work in the UK for up to 5 years after which time you can obtain full citizenship.

How do you think all those South Africans are living and working in the UK some of whom are also btw serving in the UK Armed Forces.

Never believe anything on the internet.

 

[Codhead]

They will let any c*nt in these days, but i'd welcome you with open arms.

 

[Minxy]

god, i'm a pads brat too, so had better look at this a bit. does germany come into the equation anywhere???

They did attempt to mess me about a little bit when male child needed a passport, he was born at BMH Iserlohn. Both parents are British Citizens, apparently that mattered not, the passport office failed to understand the concept that although he was born in Germany he wasnt German - you try standing in the Passport Office in Belfast arguing veryyyyy loudly about your child not being German and the reasons why he isn't German!!

Took a couple of hours of ranting and refusing to move until they found someone who knew what I was talking about, it was resolved after a few days.


P.S Child hates the fact it says Iserlohn on his passport btw - gets slated for being German!!