Passport / Nationality Question

[-SharonA-]

I have a Portuguese friend, known her for years. She met and married a Portuguese man here and they have 2 children.
Their daughter, now aged 17 decided to apply for a British passport. She was refused on the grounds she is not a British National. I thought if you were born in the U.K., you could apply for British passport.
Can someone explain??

[bobbinwales]

Did the parents ever register?

[-SharonA-]

Register for what??

[Bobbisox1]

Sharon I think one of the parents have to be British then the child would automatically get the British passport,
They probably have to to go through ‘applying’ for British citizenship

[bobbinwales]

Maybe there in the 3-5 million category that should of registered recently, post Brexit

[bobbinwales]

registered for british citizenship or is it 'settled status'

[-SharonA-]

Oh forgot to mention, the Home Office thanked the daughter as her parents are here illegally.
A whole lot of crying going on.

[bobbinwales]

No need to cry. Its been in the news a lot ove rthe last year so suprised they missed it but theres a million plus in the same boat so the best thing is to get applying now

[ToraToraTora]

if she was born here she's British. I suspect she was not actually registered at the time.

[barry1010]

TTT, it's surprising the number of people that wrongly believe that but
"You do not automatically get British citizenship if you were born in the UK. It depends on when you were born and your parents’ circumstances. You need to check if you’re a British citizen."
https://www.gov.uk/british-citizenship

[ToraToraTora]

ok so born 2004:
https://www.gov.uk/check-british-citizenship/born-in-the-uk-between-2-october-2000-and-29-april-2006
"at least one of your parents was a citizen of an EU or EEA country" - I'd say she's is British based on 2 of the 3 criteria:
You’re automatically a British citizen if when you were born all of the following applied to at least one of your parents:

they had citizenship of a country that was in the EU or the EEA at the time
they lived in the UK
they had ‘indefinite leave to remain’ (ILR), ‘right of abode’ or ‘right of re-admission’

[rockyracoon]

My friends son, French mother, Irish father, got a British passport last year. He was born here and has lived here all his life.

[Redhelen72]

I have had so many issues over the last 2 years having to prove my right to reside and or my British citizenship!
My parents were both British so this doesn’t surprise me at all.

[bednobs]

ttt i think the third point "they had ‘indefinite leave to remain’ (ILR), ‘right of abode’ or ‘right of re-admission’" does not apply - sharon's friends were here illegally

[chelle7272]

//I'd say she's is British based on 2 of the 3 criteria://

How? One of the parents has to meet all 3 criteria. The parents are here illegally.

[Peter Pedant]

well the poolish couple next door have both daughters as British,
and I attested bofe ( signed a form saying the parents were good eggs which they are)

so there is something wrong with the story. I am not sure how EU nationals can now be illegals, but they have managed it. That would be a bar.

Both my parents werent born in dear old blighty and no one has questioned my nationality ( but I kinda look nordic see)

They should see an immigration lawyer ( = moolah, and AB is cheap) but the hurdle ( ha pun intended) is that a decision has been made and has to be over-turned father than an application prepared and submitted

[ToraToraTora]

bednobs 11:58, they meet 2 of the 3 criteria, they only need 1 of the 3 criteria.

[ToraToraTora]

apologies, it was "and" not "or", my bad!

[jno]

TTT they come under the category "If at least one of your parents was a citizen of an EU or EEA country when you were born..." so

You’re automatically a British citizen if when you were born ALL (my capitals) of the following applied to at least one of your parents:

they had citizenship of a country that was in the EU or the EEA at the time
they lived in the UK
they had ‘indefinite leave to remain’ (ILR), ‘right of abode’ or ‘right of re-admission’

They didn't fill the third of those requirements, as I read it?

[jno]

sorry, your last post wasn't there when I started

[Hopkirk]

Portuguese here illegally?
Please explain.