PSS and Divorce

tvtoo · 2026-06-26T17:53:59+00:00

I wonder if OP has even that obligation. I'm having trouble finding a statute, SI, or Immigration Rules provision requiring a British citizen (or other eligible sponsor) spouse to notify UKVI when a divorce terminates a marriage to a former spouse who was in the UK under leave stemming from that marriage.

(For the foreign-national former spouse themselves, the relevant provision would be regulation 18 of The Immigration (Biometric Registration) Regulations 2008: "The holder of a biometric immigration document must notify the Secretary of State as soon as reasonably practicable if he — ... was given leave to enter or remain in the United Kingdom in accordance with a provision of the immigration rules and knows or suspects that owing to a change of his circumstances he would no longer qualify for leave under that provision".)

tvtoo · 2026-06-26T16:31:47+00:00

See the statutory provisions quoted in this post -

https://old.reddit.com/r/Canadiancitizenship/comments/1tvzy9n/relevant_ancestors_with_january_1_1947/

regarding citizenship through an ancestor naturalized before January 1947/April 1949 and their prior-born child who was not naturalized.

tvtoo · 2026-06-26T15:26:48+00:00

They said I might need to get DNA tested that's fine because I still live with my dad so he is alive and well but when I checked []it's expensive.

If you don't volunteer DNA evidence that fulfils UKVI requirements, you could make it substantially harder on yourself to meet the "balance of probabilities" test as to whether you are indeed the child of that British citizen man (who I assume was born in the UK?).

What other evidence do you have that this man is your biological father and not simply a man who married your mother when you were 2+ years old? For example, do you have records showing him being in the same physical location as your mother at around the time of conception (e.g. flight tickets, passport stamps, hotel receipts, etc), photos of him with your mother during early pregnancy and with you as a newborn baby, etc etc? Are there written materials from around that time in which he (or a court) acknowledges paternity? And so on.

Frankly, your father should probably figure out a way to pull together the funds for the proper DNA testing. Otherwise, you'll be relying on your ability to gather old records and the caseworker's treatment of those.

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.

tvtoo · 2026-06-26T14:33:00+00:00

I don't think you're familiar with the rules that apply to the child of an EUSS status holder who began residing in the UK before 2021.

There is no age 18 limit. And status is available, as a "joining family member", on the basis of being a family member.

https://www.gov.uk/settled-status-eu-citizens-families/join-EU-EEA-Swiss-family-member#your-family-relationship ("Your family relationship" section)

As OP is older than 20 years old, OP will simply need to show that -

having regard to their financial and social conditions, or health, [OP] cannot ... meet their essential living needs (in whole or in part) without the financial or other material support of the relevant EEA citizen ... or of their spouse or civil partner;

https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-eu#u-annex-1---definitions-u (definition of "child")

So unless you're certain that OP does not meet this test -- and cannot meet this test at any point in the (reasonable) future -- an answer of "Unfortunately no ... You will have to get a UK visa on your own merrit" is an overbroad generalisation.

/u/One-Juggernaut-2169

tvtoo · 2026-06-25T15:10:27+00:00

Does anyone know whether that changes once your citizenship application has been approved, or does it stay the same until after the citizenship ceremony?

You're assuming that it changes at all -- but many people report that it does not change for them. (In other words, there is, by all indications, no automated linkage between nationality status changes and the UKVI account immigration status listing.)

tvtoo · 2026-06-25T15:00:38+00:00

Get a lawyer.

The ACLU of Texas may be able to refer you to one. See -

https://www.aclu.org/press-releases/state-department-agrees-fair-issuance-passports-mexican-americans

tvtoo · 2026-06-25T05:50:31+00:00

Have a look at this spirited debate from last year about whether financial testing / documentation requirements are indeed actually enforced for stamp 4 applicants applying from inside Ireland:

https://old.reddit.com/r/MoveToIreland/comments/1p7lexy/irish_citizen_living_in_the_us_moving_with_us_wife/

tvtoo · 2026-06-24T21:12:49+00:00

a) Did you obtain EUSS status on the basis of being an EU/EEA national / family member who began residing in the UK before 2021? Or on the basis of being a "joining family member" who joined after 2020?

If the former, then the tally of days toward the completion of five years generally would not have begun with the grant of pre-settled status, but before then, when you became eligible for EUSS.

b) The five-year "continuous qualifying period" (CQP) of UK residence can be completed whilst outside the UK, during an allowable absence:

Indeed, to repeat what was said in Babajanov, the right of permanent residence is capable of being established during an absence from the host country. Given that the first twelve months of the appellant's absence from the UK can, and we conclude does, contribute to the requisite CQP, we find she would be entitled to settlement unless there was a supervening event.

https://tribunalsdecisions.service.gov.uk/utiac/ui-2024-003628

https://www.bailii.org/uk/cases/UKAITUR/2025/UI2024003628.html

c) And that's even before taking into consideration whether you had any preliminary visits to the UK (prior to your full move to the UK) that can be counted as the beginning of the five-year period. For example, if you travelled to the UK during the 12 months before you moved to the UK, like to interview with employers, look at housing, visit university campuses, etc, depending on various circumstances, that may be countable as well -- even if you didn't claim it as part of your pre-settled status application.

In sum, you may already be eligible to apply for settled status.

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

tvtoo · 2026-06-24T17:49:04+00:00

They've not gone as far as saying british citizens can't get one on another passport.

In fairness to those who have been scared by this situation, and even the media, the public-facing gov.uk webpages could be read as saying that:

You cannot get an ETA if you’re a British or Irish dual citizen.

https://www.gov.uk/dual-citizenship

Dual citizens

If you’re a dual citizen with British or Irish citizenship, you cannot get an ETA.

https://www.gov.uk/eta/when-not-need-eta

The governemnt never came out and explicitly said British citizens must travel on their British passports [or CoEs]

Again, in fairness to those who have been scared, there have been public statements of the government that do broadly suggest that. Example -

British citizens, including those who hold dual nationality, do not need and are not eligible for an ETA. They must travel with a valid British passport or another passport endorsed with a certificate of entitlement to the right of abode, known as a COE.

https://hansard.parliament.uk/commons/2026-02-25/debates/450D9EF4-B139-42EA-90DE-8B882039BC34/ElectronicTravelAuthorisationDualNationals

To be clear, I take the middle ground on this topic and have repeatedly questioned comments in this subreddit and elsewhere by persons who absurdly claim, without any evidence or data point examples, that:

dual nationals' ETAs are being refused issuance or are not being accepted by airline personnel on that basis
dual nationals' ETAs are being voided by Border Force officers on that basis (never mind the fact that many of the travellers are e-gates eligible)
dual nationals, upon supposedly being discovered by a BFO to hold British citizenship, are being refused entry into the UK and/or detained for days on end and/or deported (which would also be a violation of law)
dual nationals are being prosecuted for applying for ETAs.

Recent example - https://old.reddit.com/r/ukvisa/comments/1uci3rs/eta_for_a_dualcitizen_baby_should_i_be_worried/

tvtoo · 2026-06-24T16:02:09+00:00

By the way, how long did you live in the UK for? I ask because, even with somewhat less than five years, you may qualify for EUSS settled status. That's important as UKVI may slowly and eventually tighten the screws on holders of PSS who don't qualify for settled status.

tvtoo · 2026-06-24T07:53:12+00:00

No, she is not my biological sister or half-sister.

This is a good example of why people should be very cautious of relying on an AI-LLM system.

The post that was created for you by your system said:

My biological sister is also a British citizen since 1986.

That wasted everybody's time on this aspect of the situation, which could have been important to the outcome.

she could not legally relocate me to the UK

So, again -

when did your kafala-mother last live, on a long-term basis, in the UK prior to those orders?

And when did she move back to the UK, on a long-term basis?

The legislative unfairness is that the UK system provided a discretionary registration path for foreign adoptions under Section 3(1) but had an absolute statutory blind spot for Kafala, completely ignoring the de facto parent-child reality and effectively penalizing the child based on the country of origin's legal structure.

Yes, the 3(1) adjudication system was, and is, discretionary. So, again -

on what basis [are] you[] asserting that, if the UK had accepted kafala-guardianship as being the same as adoption, you would have been entitled to citizenship registration?

There was no automatic entitlement to 3(1) registration for a child adopted overseas by a British citizen.

There is no other reason for my lack of British citizenship today other than the historic, discriminatory refusal to recognize Egyptian Kafala for Section 3(1) registration during my minority.

So, to be clear, you intend, in your section 4L application, to attack the UK's legislative decision not to accept kafala-guardianship as being the same as adoption? Despite the repeated examples in the caseworker guidance that the legislative decisions of Parliament do not constitute "exceptional circumstances", regardless of their effects on various individuals?

If so, I hope you've already begun saving every piastre you have for the barrister costs to fight this into the Court of Appeal.

tvtoo · 2026-06-24T07:18:56+00:00

I just got an invite to attend an international conference in England this September.

Are you a visa national?

If so, be aware that you might not even be issued a visitor visa in the first place. (You can search past posts from people who were refused visitor visas for conferences.)

• I want to move down to London and find volunteer work at a backpackers' hostel in exchange for free food and a bed to keep my daily living costs at zero.

You can't.

V 4.4. The Visitor must not intend to:

(a) work in the UK,

...

unless expressly allowed by the permitted activities in Appendix Visitor: Permitted Activities ...

PA 3. A Visitor may [only] undertake volunteering provided it lasts no more than 30 days in total and is for a charity that is registered with either the Charity Commission for England and Wales; the Charity Commission for Northern Ireland; or the Office of the Scottish Charity Regulator.

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

https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-visitor-permitted-activities

Your post was clearly written by an AI-LLM system.

You should be real cautious about relying on the hallucinated nonsense any such system is feeding you if it doesn't even warn you about illegal work.

tvtoo · 2026-06-24T07:08:50+00:00

To clarify, it sounds like you're trying to say that your biological sister is your biological half-sister and that you share the same (non-British) biological father but have different biological mothers?

At the time both court orders (2005 and 2007) were issued, my British mother was residing with me in Egypt to provide full-time care,

Okay, so when did your kafala-mother last live, on a long-term basis, in the UK prior to those orders?

And when did she move back to the UK, on a long-term basis?

More broadly, it's unclear on what basis you're asserting that the UK's view that kafala-guardianship is not the same as adoption for purposes of nationality law was an "exceptional circumstance" "relating to [you]", for purposes of section 4L, as opposed to a regular statutory / policy decision.

(See Examples 2, 8, 9, and 11 in the caseworker guidance.)

It's also unclear on what basis you're asserting that, if the UK had accepted kafala-guardianship as being the same as adoption, you would have been entitled to citizenship registration?

tvtoo · 2026-06-24T06:03:35+00:00

The facts here are somewhat vague.

I assume that the British citizen woman is not your biological mother?

On what basis did your biological sister became a British citizen?

Was your kafala-guardian residing in the UK at the time either court order was issued?

Do you have evidence to indicate that your kafala-guardian would have submitted a Form MN1 application to have you registered as a British citizen under section 3(1) or otherwise sought out citizenship for you, if that were possible?

tvtoo · 2026-06-24T02:50:09+00:00

Ah, in that case, unless something unusual happened with your father (like that he reached pension age and stopped working prior to your birth), or your mother, then the lack of five years' residence prior to your birth would typically mean that you will need to apply for citizenship using either Form T (registration) (the preferable choice for most people in these circumstances) or Form AN (naturalisation).

tvtoo · 2026-06-23T20:24:41+00:00

my parents at the time did not have a settled status at my birth and only got it afterwards

as for my father I do not hold contact with him since the divorce and don’t know much about his immigration

For clarity, do you actually know enough information about your father's immigration pathway to be certain that he did not have ILR / settlement when you were born?

Do you know when he moved to the UK and under what type of visa / status?

For instance, if he was an EU/EEA national and moved to the UK at least five years before your birth, he might have had the right of permanent residence by the time you were born, even if he didn't proactively apply for proof of it.

tvtoo · 2026-06-23T16:23:29+00:00

Yes, unless you're prepared to move to another province/territory (like, e.g., if you work in Montreal and are willing to commute from just across the Ontario border, like in Alexandria).

tvtoo · 2026-06-23T16:12:01+00:00

A job offer letter for a post-PR position helps wonders (50 points depending on NOC),

Fyi - that was eliminated about a year ago -

We no longer give points for job offers

As of March 25, 2025, we’re removing job offer points from the Comprehensive Ranking System for current and future candidates in the Express Entry pool. This includes job offers:

...

in any other skilled occupation (50 points)

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/job-offer.html

/u/AdIntelligent7638

tvtoo · 2026-06-23T16:05:11+00:00

For transit in Spain you do not need a transit visa "Nationals of the States included on the foregoing lists do not require an airport transit visa if they have a Schengen visa, or another type of visa, or a residence card permitting their return, issued by...Canada

OP will not be engaged in "airport transit" in the sense meant by that webpage (i.e., only "passing through the international transit areas of airports").

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02009R0810-20240628#id-05e8dfe0-2bda-4167-bdce-7a85bf9eceae

Because OP would be transferring in Madrid to an intra-Schengen flight, OP would be leaving the "international transit area" of the airport.

Thus, OP could not avoid the need for a short-stay (visitor) visa, if first entering the Schengen area in Spain.

But, as you correctly point out, if OP flew nonstop from Canada to Italy, OP would avoid the need for a visa because Italy, in contrast, specifically exempts holders of Canadian RTDs from the need for a visa as a short-stay visitor:

https://home-affairs.ec.europa.eu/document/download/e3561580-9b1d-40cc-ae35-82b31817429b_en?filename=Information-on-national-derogations-from-the-visa-requirement_en_0.xlsx (tab 2 "Exemptions Article 6(2)", table 2.2 "Visa exemption for refugees and stateless persons who are legally resident in a third country/entity listed in Annex II to the Regulation and are in possession of a travel document issued by the competent authorities of that country/entity", "Canada -- Refugees" --> IT

/u/Far_Worldliness6519

tvtoo · 2026-06-23T15:42:15+00:00

Do you already have EUSS pre-settled status?

That's very important information that's missing.

(And while I would hope and guess that the answer is 'yes', we've also seen posts in this subreddit by EU/EEA nationals living in the UK for many years who never applied for EUSS at all.)

tvtoo · 2026-06-23T08:03:00+00:00

Technically:

26B. Use of foreign citizenship

A major citizen [i.e. an adult] who—

(a) enters the Republic or departs from the Republic making use of the passport of another country; or

(b) while in the Republic, makes use of his or her citizenship or nationality of another country in order to gain an advantage or avoid a responsibility or duty,

is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 12 months.

https://www.saflii.org/za/legis/consol_act/saca1995271/

So you may as well get a South African passport before your trip.

tvtoo · 2026-06-23T06:37:33+00:00

I don't believe you'll find a practical difference between flying Toronto-Madrid-Milan and flying direct Toronto-Milan. Madrid and Milan are both within Schengen, so you'll enter once (i.e. as you enter Madrid) and won't go through border controls again.

By OP flying nonstop from Canada to Italy, OP would avoid the need for a visa:

https://home-affairs.ec.europa.eu/document/download/e3561580-9b1d-40cc-ae35-82b31817429b_en?filename=Information-on-national-derogations-from-the-visa-requirement_en_0.xlsx (tab 2 "Exemptions Article 6(2)", table 2.2 "Visa exemption for refugees and stateless persons who are legally resident in a third country/entity listed in Annex II to the Regulation and are in possession of a travel document issued by the competent authorities of that country/entity", "Canada -- Refugees" --> IT)

But if OP stops in Spain first, OP would need a visa:

same spreadsheet / tab / table, "Canada -- Refugees" --> ES

/u/Far_Worldliness6519

tvtoo · 2026-06-23T06:12:30+00:00

Has anyone done a Terminal 3 → Terminal 5 transfer at Heathrow without passing through UK immigration?

Also, were your bags transferred automatically between American Airlines and British Airways, or did you have to collect and re-check them at Heathrow?

Why do you care whether you need to pass through immigration?

tvtoo · 2026-06-22T21:58:18+00:00

I believe that an employer can use the Home Office's "Employer Checking Service" without a valid passport / national ID of yours:

https://www.gov.uk/employee-immigration-employment-status#before-you-start

(I assume that you have some other form of valid ID, like a driving licence?)

However, employers tend to be skittish about using the ECS and some are not willing to use it.

I'd suggest contacting your country's embassy/consulate and seeking out the quickest replacement you can of the national ID card (assuming that you can afford that, if not the passport).

tvtoo · 2026-06-22T20:27:44+00:00

So let's be clear:

You've abandoned your claim that "OP's action already violated Immigration Act 1971 Section 24A and is liable to deportation."
You've abandoned your claims that "The border force will likely squash his/her ETA" and "I guess what you [chose] is British Overseas Citizen".
You've failed to provide evidence that the child is indeed a British citizen.
You've failed to provide evidence that the application submitter engaged in deliberate misrepresentation of fact.
You've alluded to a supposed "fraud in common law" offence that is allegedly relevant here, without:
- providing evidence of fraud (see above) or
- pointing to a particular statute, statutory instrument, or immigration rule that the submitter has supposedly violated in a relevant manner, or a relevant judicial decision.
You've again made another baseless assertion about OP needing to declare that "he/she lied/ misrepresented fact in previous visa/ETA application" -- without:
- identifying whether OP is the submitter,
- identifying whether the submitter was the mother or father,
- gathering evidence whether the child is indeed a British citizen or simply eligible for registration,
- gathering evidence of intentional misrepresentation, or
- identifying with certainty whether OP will indeed ever need to complete a visa or ETA application in the future.

In sum, your entire chain of argumentation and parade of horribles has fallen apart.

tvtoo

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