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Topic: British Immigration Lawyer referral?  (Read 1068 times)

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British Immigration Lawyer referral?
« on: January 18, 2006, 11:10:59 PM »
Anyone have an e-mail address to a good British Immigration Lawyer?  I am not getting anywhere with the British Consulate in the US :(  I talked to a lady today who was not familiar with the basics of the laws regarding nationality and her knee jerk reaction was to say "you are not eligible".  When I asked her about different spots that seem to apply she was totally clueless.  Maybe I am wasting my time, but she was obviously not familiar with the laws either and I want a more definate answer and if it is "no" I want to know why certain rules written in the books don't apply to me. 

Jessica


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Re: British Immigration Lawyer referral?
« Reply #1 on: January 18, 2006, 11:18:28 PM »
I'm just wondering why you think you would be eligbile for British citizenship if you can't even get Bermudan citizenship?  If you were born abroad to American parents and not eligible for citizenship in Bermuda, you probably aren't going to qualify for British citizenship. 

Of course, I could WAY off base or misread some of your other posts.  Don't know of any immigration lawyers but I'd suggest talking to Victoria or Garry as they are immigration advisors.
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Re: British Immigration Lawyer referral?
« Reply #2 on: January 18, 2006, 11:58:24 PM »
Bermuda citizenship is EXTREMELY limited.  You have to be born in Bermuda to at least ONE Bermuda citizen to get citizenship, or if you are married to a Bermudian it takes 10 years to get citizenship.  If either case does not apply, you can wait 30 + years for citizenship - no joke.  BUT, Bermuda is still part of the UK, and the rules stated at the time of my birth indicate that by birth alone in a UK territory I should be eligible for "UK Territory Citizen" status. 

This quote below states my birth situation to a "T" so I am not sure why I am being hassled by the British Consulate - also the lady I talked to was completely unaware of this information that I am supplying down below.  (Refresher: I was born in '76 to visiting military personnel in Bermuda which is part of the UK):

"Before 1983, birth in the UK was sufficient to confer British nationality irrespective of the status of parents, with an exception only for children of diplomats and enemy aliens. This exception did not apply to most visiting forces, so, in general, children born in the UK before 1983 to visiting military personnel (eg US forces stationed in the UK) are British citizens by birth."

That is where I am coming from with this.  There are a few other tidbits that apply to me in my situation, but this one spells it out the best IMO. 

If I don't qualify under their own terms that they put in place, I want to know why.

Jessica


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Re: British Immigration Lawyer referral?
« Reply #3 on: January 19, 2006, 12:05:28 AM »
Also, side note, the reason given for not being eligable for UK citizenship given by the British Consulate in Washington DC was that one of my parents wasn't a British citizen.  Again, does not apply in my situation and I tried to explain that and she insisted that was the case.  That is not how the law reads in my situation.  That WOULD be the case had I been born after 1983 though. 

"children born in the UK before 1983 to visiting military personnel (eg US forces stationed in the UK) are British citizens by birth."

Jessica


Re: British Immigration Lawyer referral?
« Reply #4 on: January 19, 2006, 11:02:45 AM »
"children born in the UK before 1983 to visiting military personnel (eg US forces stationed in the UK) are British citizens by birth."

The issue seems to be whether or not your notion of "UK" is consistent with IND's notion of "UK".   Have you considered that it might be in the "UK" as referred to in the legislation?


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Re: British Immigration Lawyer referral?
« Reply #5 on: January 19, 2006, 11:29:38 AM »
OK as far as I can tell this is the relevant bit from IND policy, Bermuda being a BOT:

2.2.4 The British Overseas Territories Act 2002

2.2.4.1 The British Overseas Territories Act 2002 added 2 further categories of persons who automatically became British citizens after 1 January 1983:

a. British overseas territories citizens (i.e. former British Dependent Territories citizens) became British citizens automatically on 21 May 2002 under s.3 of the 2002 Act provided they had that citizenship by connection with a "qualifying territory" (i.e. a British overseas territory other than the Sovereign Base Areas of Akrotiri and Dhekelia)

b. A person became a British citizen automatically on 21 May 2002 under s.6 of the 2002 Act if he or she:

    * was born on or after 26 April 1969 and before 1 January 1983; and


    * was born to a woman who, at the time of the birth, was a citizen of the United Kingdom and Colonies by virtue of her birth in the British Indian Ocean Territory; and


    * immediately before 21 May 2002, was neither a British citizen nor a British overseas territories citizen


2.2.5 Chapter 20 explains who is a British citizen "by descent" and who is a British citizen "otherwise than by descent".


Therefore if your mother was not a British citizen you do not have a claim to British citizenship. 



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