"Leave to Remain" Permission to stay in the UK

I have lived in the UK since 1969. My father was American and my mother is British, I was born in the US. I have been on many holidays abroad using my US passport and have never had a problem until about four years ago I was almost denied entry into the UK. I am planning to go to Spain in a few months and am really worried about my return. I have an old passport which was stamped at Gatwick airport in 1984 which reads 'given leave the enter the United Kingdom for an indefinite period'. Would it help to carry this with me or is it too out of date?

Yes, you should carry it with you.  This passport gives you Indefinite Leave, ie permanent residency, and as long as you have not spent 2 years out of the UK in that time it is still valid.  Carry it with you, and when you enter the UK explain this to the Immigration Officer and he will hopefully transfer this stamp onto your current passport.

You may want to consider applying for British Citizenship at some point.

Vicky

Thank you for your reply Vicky 
I considered British Citizenship about 30 years ago but it was quite expensive at the time. I have worked here since the age of 16 and obviously have a national insurance number and didn't really feel it was necessary to pay to become a British Citizen. Any idea how much it would cost today and how I would go about applying?

First of all, can I clarify something - where was your mother born, and how old are you?

Vicky

My mother was born in the UK. I am 49 years old.

Were your parents married at the time of your birth, marry after your birth, or never marry?

Vicky

My parents were married before I was born. My father was in the USAF and met my mother while posted in the UK. They married in around 1956 and had my two older sisters in the UK before getting posted back to the US when I was born in 1960. They divorced in 1969 and my mother brought us back to live in the UK and we have lived here ever since.

I think that you have been British all along.  I can't see that you need to apply for naturalisation at all, just apply for a passport.

Vicky

Ok Vicky thanks very much for your help 

I think that you have been British all along.  I can't see that you need to apply for naturalisation at all, just apply for a passport.

Vicky

Could you explain that to me, since, aside from the fact that I haven't lived in the UK for as many years as the OP, that is almost my exact situation, and I'm not considered to be 'British all along'?  What am I missing?

Ah.  My maths went a bit wrong, apols.

Newuser, you may not be automatically British.  Do you know if your birth was registered at the British consulate in the US?


Vicky

Thank you for your reply Vicky 
I considered British Citizenship about 30 years ago but it was quite expensive at the time. I have worked here since the age of 16 and obviously have a national insurance number and didn't really feel it was necessary to pay to become a British Citizen. Any idea how much it would cost today and how I would go about applying?

Actually, you should be able to register as a British citizen eventually...once the new Borders, Citizenship and Immigration bill becomes law, but that is only a couple of hundred pounds cheaper than naturalisation.  Naturalisation is somewhere in the area of £700, and registration something over £400 (naturally, can't put my finger on the fees at the moment!).

It appears your 'birth' situation is the same as mine - we were both born outside of the UK to a British woman prior to 7 (or is it 8??) February 1961 and so are not entitled at this point to register as citizens, but that should be changing soon...

In the mean time, as VictoriaS stated, carry that old passport with ILR with you when entering the UK...

I'm pretty sure my birth was not registered at the British consulate in the US. When are these Borders, Citizenship and Immigration laws going to change? Will it cost me to register as a British citizen? How long do you have to live in a country to automatically become a citizen? I will just carry my old passport when traveling abroad (which isn't very often). Do you think I could ever be deported?

There is no reason for you to be 'deported' unless you committ a criminal offence.

Watch this space, and Julie's posts, for further info.


Vicky

There is also the long term residence rule which would allow you to apply after 10 years of residence in the UK for Citizenship, but as Julie says, there are some important changes in the BCI that would make it a right outside of a long term residence for certain people.

As, Vicky says, being on an ILR, versus Citizenship in the UK will only become a problem if you commit a crime.