my daughter can stay she has right of abode according to the home office :-6
but its because her mother had an English passport at the time of Chantelle's birth , the fact that i'm her father and i'm on the birth certificate or that she was born here and went to school here till she was 6 counts for nothing
when there are 10 million people illigaly here in the uk ,it kinda sucks to know that my girl would be on a plane outa here to be homeless in the states but for a fluke that her mom forgot to cancle her uk passport :-5 :-5
jimbo;652008 wrote: yes she can stay buddy :-6 but its kinda upsetting to know how close she came to being put on a plane back to the states though :-3 :-3
Jimbo try not to be thinking of what could have been (apart from anything else, you'll drive yourself crazy)
You're beautiful family are with you and safe and you know what??
When the British Nationality Act 1948 came into effect on 1 January 1949, citizens of the United Kingdom and colonies who subsequently became naturalised citizens of other countries no longer automatically lost their British nationality. Since that date, citizens of the United Kingdom and Colonies who became naturalised citizens of a foreign state retained their status as British subjects, citizens of the United Kingdom and Colonies, unless they made a formal declaration of renunciation in front of a British Consul or other British official authorised to accept such declarations. A declaration made before a foreign official for the purpose of acquiring another nationality or for any other purpose did not affect the position in United Kingdom law. With the enactment of the new nationality law (British Nationality Act, 1981) which came into effect on 1 January 1983 the provisions for the recognition of dual nationality and the procedure for renunciation of British citizenship have been retained.
Although acquisition or use of US citizenship does not of itself jeopardise retention of British citizenship, and there is not objection on the part of British authorities to a dual citizen using a US passport, it should not be assumed that the reverse is also true. A US citizen voluntarily acquiring British citizenship may lose his US citizenship; and a dual citizen who makes use of his British citizenship in certain ways, for example joining HM Forces, taking an oath of allegiance to Her Majesty and in certain circumstances exercising other rights or privileges of British citizenship, may jeopardise his US citizenship. The US authorities expect dual citizens to travel out of and into United States territory only on US passports. British citizens who are also US citizens are therefore advised to consult the US State Department (or if overseas a US Consul) before taking any action which might be regarded as inconsistent with their status as US citizens.
A British citizen may return and resume residence in Britain at any time, regardless of being a dual national, provided that he has not made a formal declaration of renunciation of British citizenship as described in paragraph one above. Such persons may in British law exercise any right possessed generally by British citizens, but of course it is their own responsibility to ascertain from the appropriate US authorities what effect, if any, their action may have on their status as a citizen of that country.
Children born in the United States whose fathers (and for those born after 31 December 1982 either of whose parents) are British citizens become United States citizens by birth and may also be British citizens by descent. The position of such children is explained in Dual Nationality (Children) below.
British citizens who are also citizens of another country are advised that they cannot be accorded official British protection when they are in the territory of the other citizenship. If, under the law of that country, they are liable for any obligation (such as military service) the fact that they are also British citizens does not exempt them from it.
Dual Nationality (Children)
Children born in the United States to a father (or, if born after 31 December 1982 to either a father or a mother) who is a British citizen by birth, registration, naturalisation or settlement in the United Kingdom are British citizens by descent.
Minors who are United States citizens and possess a second nationality by birth or descent do not, under present legislation, stand to lose citizenship of the United States simply because they possess the second nationality. However, if the person concerned should, after reaching full age exercise certain rights or privileges connected with his second nationality, loss of U.S. citizenship may result.
It is considered advisable for parents not to take any steps which may be regarded under U.S. legislation, to be an act conducive to loss of U.S. citizenship. Therefore, it is recommended that parents of British children born in the United States obtain U.S. passports for their children. This will avoid raising doubts about their status as U.S. citizens, and at the same time, after visits abroad, ensure returnability to the United States. For further information contact the U.S. State Department.
In respect of current United Kingdom law such children cannot lose the status of British citizenship without making a formal declaration of renunciation after reaching the age of eighteen years.
The Home Office announced that, with effect from 5 October 1998, children will be required to hold their own passports. Therefore, from that date children will no longer be included on a family member's British passport. We will include children on passports up until then.
Children already included on a British passport will not be affected until the holder's passport is replaced.
"To be foolish and to recognize that one is foolish, is better than to be foolish and imagine that one is wise."
A person is considered a dual national when he or she owes allegiance to more than one country at the same time. A claim to allegiance may be based on facts of birth, marriage, parentage, or naturalization. A dual national may, while in the jurisdiction of either country that considers that person its national, be subject to all of its laws, including being conscripted for military service. There is no internationally agreed upon principle governing dual citizenship. Each country is free to determine how it will treat an individual who is a national of both that country and of another.
"To be foolish and to recognize that one is foolish, is better than to be foolish and imagine that one is wise."
It goes on the mothers side that is what upset Jim, you've quoted under the dual nationality for children born in the States, anyway it's not a problem just means that she can't work or get medical help for 6 months :-6
I am nobody..nobody is perfect...therefore I must be Perfect!
SuzyB;652174 wrote: It goes on the mothers side that is what upset Jim, you've quoted under the dual nationality for children born in the States, anyway it's not a problem just means that she can't work or get medical help for 6 months :-6
part on page one qoutes uk law
"To be foolish and to recognize that one is foolish, is better than to be foolish and imagine that one is wise."
el guapo;652184 wrote: part on page one qoutes uk law
Yes just seen that, where is the link for that? Jim has spoken to the home office and a citizen advice bureau solicitor yesterday and the outcome is she must be here for 6 months before she can work or have medical treatment. They also stated that she only has a right to be here due to the mother having a British passport.
I am sure that you will now go on a fact finding mission, but try the home office and let us know if you find something that contradict's the advice Jim got. :-4
I am nobody..nobody is perfect...therefore I must be Perfect!
Jess you're missing the point she doesn't have dual nationality, here is a paste from the home office site, which confirms everything that Jim was told.
Requirements for indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom
297. The requirements to be met by a person seeking indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom are that he:
(i) is seeking leave to enter to accompany or join a parent, parents or a relative in one of the following circumstances:
(a) both parents are present and settled in the United Kingdom; or
(b) both parents are being admitted on the same occasion for settlement; or
(c) one parent is present and settled in the United Kingdom and the other is being admitted on the same occasion for settlement; or
(d) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is dead; or
(e) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and has had sole responsibility for the child's upbringing; or
(f) one parent or a relative is present and settled in the United Kingdom or being admitted on the same occasion for settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child's care; and
(ii) is under the age of 18; and
(iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and
(iv) can, and will, be accommodated adequately by the parent, parents or relative the child is seeking to join without recourse to public funds in accommodation which the parent, parents or relative the child is seeking to join, own or occupy exclusively; and
(v) can, and will, be maintained adequately by the parent, parents, or relative the child is seeking to join, without recourse to public funds; and
(vi) holds a valid United Kingdom entry clearance for entry in this capacity.
Requirements for indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom
298. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom are that he:
(i) is seeking to remain with a parent, parents or a relative in one of the following circumstances:
(a) both parents are present and settled in the United Kingdom; or
(b) one parent is present and settled in the United Kingdom and the other parent is dead; or
(c) one parent is present and settled in the United Kingdom and has had sole responsibility for the child's upbringing; or
(d) one parent or a relative is present and settled in the United Kingdom and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child's care; and
(ii) has limited leave to enter or remain in the United Kingdom, and
(a) is under the age of 18; or
(b) was given leave to enter or remain with a view to settlement under paragraph 302; and
(iii) is not leading an independent life, is unmarried, and has not formed an independent family unit; and
(iv) can, and will, be accommodated adequately by the parent, parents or relative the child was admitted to join, without recourse to public funds in accommodation which the parent, parents or relative the child was admitted to join, own or occupy exclusively; and
(v) can, and will, be maintained adequately by the parent, parents or relative the child was admitted to join, without recourse to public funds.
Indefinite leave to enter or remain in the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom
299. Indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom may be granted provided a valid United Kingdom entry clearance for entry in this capacity is produced to the Immigration Officer on arrival. Indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 298 is met.
Refusal of indefinite leave to enter or remain in the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom
300. Indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival. Indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 298 is met.
I am nobody..nobody is perfect...therefore I must be Perfect!
