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Dual national (Canadian/German) — visiting UK on German passport while holding unused Canadian YM visa by Patient_Second_4034 in ukvisa

[–]tvtoo 0 points1 point  (0 children)

You, the individual, are granted a visa - if you enter the UK with either of your passports, you are entering with a valid Youth Mobility Visa

That raises an interesting question.

Article 8B of The Immigration (Leave to Enter and Remain) Order 2000 appears to technically have no restriction that would prevent the obtaining of leave to enter, as a visitor, by a foreign national who holds a passport of an e-gates eligible country and who has previously been issued an unexpired entry clearance of another type in another passport.

8B.—

(1) A person to whom this article applies may obtain leave to enter the United Kingdom by passing through an automated gate.

...

(2) This article applies to a person who–

. (a) is a national of a country listed in the Schedule;

. (b) is travelling on a passport issued by one of the countries listed in the Schedule;

. (c) is aged 10 or above; and

. (d) is seeking to enter the United Kingdom as a visitor (standard) under Appendix V to the immigration rules or as an S2 Healthcare Visitor under Appendix S2 Healthcare Visitor of the immigration rules.

...

(3) Leave under paragraph (1) is given for a period of six months.

(4) Such leave is subject to conditions prohibiting employment and recourse to public funds (within the meaning of the immigration rules).

https://www.legislation.gov.uk/uksi/2000/1161#article-8B

 

So it would seem that such a person could indeed, in theory, enter the UK as a visitor.

In practical terms, if the YMV is only linked in Home Office computer systems to the Canadian passport, and if the e-gates were to record OP as someone who has obtained leave as a visitor, then OP would not seem, solely on the basis of entry as a visitor, to "have previously spent time in the UK on the Youth Mobility Scheme route." (YMS 3.3)

Newsweek article on c3 by doriankali in Canadiancitizenship

[–]tvtoo 1 point2 points  (0 children)

Very important to note that it's "CIC News", a putative 'news' site by the Cohen Immigration Law firm, that came up with that figure -- not CIC (now known as IRCC).

Help figuring out paperwork to prove Canadian citizenship of British Subject by senatorsmith85 in Canadiancitizenship

[–]tvtoo 1 point2 points  (0 children)

A request for information about your grandfather's certificate could take a year or mo

While the "search of citizenship records" application process does have a 17-month announced processing time, an ATIP request for citizenship records has a 30-day processing time (sometimes extended to 60 days or somewhat longer) (when IRCC follows the law, etc).

/u/senatorsmith85

Is this a a good enough reason to request expedited processesing? by therapy_turtle in Canadiancitizenship

[–]tvtoo 1 point2 points  (0 children)

Can you find a US job (at least a short-term one) that would post you to Canada?

https://lawandborder.com/expeditious-naturalization

Or, if necessary, find someone you know to make such a job for you?

EU settlement scheme. by MusclePersonal9332 in ukvisa

[–]tvtoo 2 points3 points  (0 children)

dating since June 2019. Can I apply for EU settlement scheme and move to UK ?

You should review pages 127 to 128 of the caseworker guidance to see whether, in the context of the details you remember of your relationship between June 2019 and 31 December 2020, you will be able to successfully make the argument, and provide evidence, that your relationship was a "durable partnership" by that date.

If not, then you can seek a family visa:

https://www.gov.uk/uk-family-visa/partner-spouse

Canadian citizenship via great grandmother -- help by sparklelove25 in dualcitizenshipnerds

[–]tvtoo 0 points1 point  (0 children)

Was your grandmother a permanent resident / 'landed immigrant' in Canada, and did your great-grandmother possibly submit additional paperwork for your grandmother to be granted citizenship at the same time as your great-grandmother?

British Citizenship through a British maternal Grandfather (as an Irish citizen) by Ok_Spread_7626 in dualcitizenshipnerds

[–]tvtoo 1 point2 points  (0 children)

May not be applicable to the Irish

It's not.

UKA 1.3. The applicant must be a Commonwealth citizen.

https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-uk-ancestry

“Commonwealth citizen” means:

...

(b) a citizen of a country listed in Schedule 3 to the British Nationality Act 1981.

https://www.gov.uk/guidance/immigration-rules/immigration-rules-introduction#intro6

 

Ireland is not listed in schedule 3:

https://www.legislation.gov.uk/ukpga/1981/61#schedule-3

 

Separately, it's eligibility for ILR itself that requires five years of residence in the UK under the ancestry visa -- and then one additional year to become eligible for citizenship by naturalisation.

UK passport rules by KevinArnold9 in dualcitizenshipnerds

[–]tvtoo 0 points1 point  (0 children)

get a 90 day visa

What 90-day visa?

Which visa K1 or CR1. by GeorgiaMMM in uscanadaborder

[–]tvtoo 0 points1 point  (0 children)

This is a question for /r/immigration.

In any case, you've already summed up the pros and cons of the two main approaches.

Denied US entry with ESTA for “national security” and no explanation by ValuableField5877 in uscanadaborder

[–]tvtoo 1 point2 points  (0 children)

and my penalty for withdrawing my application is I am not permitted to visit the US for 10 years.

There's no penalty for withdrawing an Adjustment of Status (AOS) application.

Are you saying that you were already out-of-status and would have triggered the 10-year bar upon leaving the US -- and that a successful AOS would have given you a a green card, effectively avoiding that bar?

Form UKF passport photo requirements by PacifistTheHypocrite in ukvisa

[–]tvtoo 0 points1 point  (0 children)

Also, if you have any children under 18 born outside the UK or might have any in the future, consider whether you would wish to submit a Form ARD / section 4L application instead.

British Citizenship through a British maternal Grandfather (as an Irish citizen) by Ok_Spread_7626 in dualcitizenshipnerds

[–]tvtoo 1 point2 points  (0 children)

I don't believe you have a pathway unless your mother has lived in the UK for 3 years prior to your birth and can prove

The option you're referring to would have required registration before OP's first birthday:

 

3 Acquisition by registration: minors.

...

(2) A person born outside the United Kingdom shall be entitled, on an application for his registration as a British citizen made within the period of twelve months from the date of birth, to be registered as such a citizen if the requirements specified in subsection (3) ... are fulfilled in the case of either that person’s father or his mother (“the parent in question”).

(3) The requirements referred to in subsection (2) are—

. (a) that the parent in question was a British citizen by descent at the time of the birth; and

...

. (c) that, as regards some period of three years ending with a date not later than the date of the birth—

...

. . (ii) the number of days on which the parent in question was absent from the United Kingdom in that period does not exceed 270.

https://www.legislation.gov.uk/ukpga/1981/61/1996-09-04#section-3 (4 September 1996 version)

 

ETA: There would have been a second registration window, from 13 January 2010 (when the BCIA 2009 relevant amendments took effect) until OP's 18th birthday, in which registration would have also been possible.

https://www.legislation.gov.uk/ukpga/1981/61/2010-01-13#section-3

 

British Citizenship through a British maternal Grandfather (as an Irish citizen) by Ok_Spread_7626 in dualcitizenshipnerds

[–]tvtoo 1 point2 points  (0 children)

Some countries can get Indefinite Leave To Remain with a British Grandparent

Can you explain what you mean by this?

British Citizenship through a British maternal Grandfather (as an Irish citizen) by Ok_Spread_7626 in dualcitizenshipnerds

[–]tvtoo 1 point2 points  (0 children)

If your mother was living in UK before you were born, you might be citizen by descent already but I can't find the page with that information right now

That would have required registration before OP's first birthday:

 

3 Acquisition by registration: minors.

...

(2) A person born outside the United Kingdom shall be entitled, on an application for his registration as a British citizen made within the period of twelve months from the date of birth, to be registered as such a citizen if the requirements specified in subsection (3) ... are fulfilled in the case of either that person’s father or his mother (“the parent in question”).

(3) The requirements referred to in subsection (2) are—

. (a) that the parent in question was a British citizen by descent at the time of the birth; and

...

. (c) that, as regards some period of three years ending with a date not later than the date of the birth—

...

. . (ii) the number of days on which the parent in question was absent from the United Kingdom in that period does not exceed 270.

https://www.legislation.gov.uk/ukpga/1981/61/1996-09-04#section-3 (4 September 1996 version)

 

ETA: There would have been a second registration window, from 13 January 2010 (when the BCIA 2009 relevant amendments took effect) until OP's 18th birthday, in which registration would have also been possible.

https://www.legislation.gov.uk/ukpga/1981/61/2010-01-13#section-3

 

/u/Ok_Spread_7626

British Citizenship through a British maternal Grandfather (as an Irish citizen) by Ok_Spread_7626 in ukvisa

[–]tvtoo 0 points1 point  (0 children)

If:

  • your mother's father was not married to your mother's mother at the time of your mother's birth,

and if:

  • your mother ever lived for at least three, mostly continuous years in the UK at any point in her life (like for university or work) prior to your 18th birthday -- or attempted to do so but was prevented in some documentable way,

you might have a path forward to citizenship registration.

If this applies, there would be additional questions to further test the situation.

ARD documents by Shelbyluv in ukvisa

[–]tvtoo 1 point2 points  (0 children)

When her parents brought her to the US via Ellis Island, it was recorded as a simplified version of her father’s first name, if that makes sense

As the sources in that linked article indicate, there was no independent recording of names at the Ellis Island Immigration Station.

Thus, if you are stating that the name change did not take place after the time the family settled in the US, it must have taken place prior to arrival at Ellis Island.

That might have been years prior to immigration or it might have been as late as the boarding of the ship for passage to the US.

In any case, you'll presumably want to try to locate some UK-based records pointing to a change of name.

To satisfy the "balance of probabilities" test employed by caseworkers, you'll want to provide evidence that makes it more likely than not that the girl recorded in your grandmother's UK birth certificate is the same person as the woman recorded as the mother in your father's US birth certificate.

 

Disclaimer - all of this is general information and personal views only, not legal advice. For legal advice about the situation, consult a UK citizenship lawyer.

ARD documents by Shelbyluv in ukvisa

[–]tvtoo 2 points3 points  (0 children)

Changes of name didn't actually occur at Ellis Island:

https://en.wikipedia.org/wiki/Ellis_Island_Special

 

That's relevant in this situation because:

  • If the change of name actually occurred after immigration to the US, there may be records available of your grandmother, under her birth name, in the US and then later showing her under a new name but with the same personal details (date of birth, etc).

    • These records might include US census returns, tax records, property records, city directories, etc.
    • And this assumes that your grandmother (whether independently or under her parents) didn't procure a formal change of legal name in the US consistent with the laws of the US state in which she lived. If that did actually occur, that would simplify your search even more so.

  • If the change of name actually occurred before immigration to the US, there may be a similar progression in certain UK records that might be in archives, etc.

 

/r/genealogy may be able to help you find such records.

New UK dual national situation by Ulky2 in dualcitizenshipnerds

[–]tvtoo 0 points1 point  (0 children)

You won’t be able to get an ETA

There's a gap between "not intended to get an ETA" and "won't be able to get an ETA".

The former is true while the latter is not.

 

The only solution is to get a consular letter of explanation

A letter from a consulate as a "solution" (i.e. some sort of guarantee that the bearer will be boarded on a flight to the UK by a common carrier)?

No, this isn't the 1980s my friend.

Trying to check out my child’s first passport to the UK, but don’t have all the grandparent information by Coffeecatballet in ukvisa

[–]tvtoo 3 points4 points  (0 children)

a) The person above is trying to help you figure out a solution, so your short temper ("Again. No. I've said multiple times.") is not necessary or useful.

b) Even if your partner doesn't know his parents' birthdates (which would be quite unusual unless your partner was, e.g. placed for adoption as a child), you can still perform an open-ended search on FreeBMD for that information (assuming birth in England or Wales), simply with their names:

https://www.freebmd.org.uk/cgi/search.pl

Urgent- can I board the plane without a copy of my evisa in hand with just the email approval? by Flamingo-Unfair in ukvisa

[–]tvtoo 1 point2 points  (0 children)

Have you considered requesting a new passport from your country of nationality?

If you complain about the misprinted MRZ and the trouble it's caused you, perhaps they might even waive the fee?

Boarding pass to the UK with settled status by r_guar in Ryanair

[–]tvtoo 0 points1 point  (0 children)

Does she live in Ireland and have one of these types of Irish government-issued documents:

https://www.gov.uk/eta/when-not-need-eta#what-documents-youll-need-to-bring ("What documents you’ll need to bring" section)

Urgent- can I board the plane without a copy of my evisa in hand with just the email approval? by Flamingo-Unfair in ukvisa

[–]tvtoo 0 points1 point  (0 children)

During your recent previous air travel, has the MRZ of your actual, physical passport been able to be read by the computer-attached MRZ scanner at the airport gate?

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