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Original poster

not sure if right topic but advice about dp's canadian daughter

20 replies

MrsRhettButler · 14/11/2011 21:23

she's been saying that she wants to come and live with us, is this possible?
she is canadian born as is her mother and dp is english born, does she have a right to live in the UK or not?
is she half english? Confused
and where do i start to look for info about it?
she's 18 btw.

OP posts:
Original poster
MrsRhettButler · 14/11/2011 23:01

Bump?

OP posts:
SweetGrapes · 14/11/2011 23:44

Try this www.ukba.homeoffice.gov.uk/britishcitizenship/

She could have 'right of abode' depending on when she was born as her dad's daughter and a commonwealth citizen.
If so, she would need a full birth certificate to prove it. (With mum and dads full names).

Original poster
MrsRhettButler · 14/11/2011 23:52

Thanks for the link, I'm just looking now, it seems confusing!

Dp's name will not be on her BC he was not aware he had a daughter at that time :(

Would she need citizenship to live here?

OP posts:
SweetGrapes · 15/11/2011 00:01

Oh. Then it's not going to be citizenship or right of abode or probably anything on that website. Still you could call them up and have a chat. They were quite helpful explaining what I was and wasn't entitled to when I was doing mine.
I'm half english half indian and came here with the right of abode - but my parents were both on my bc.
Is she coming to study? Could she just apply for a student visa?

SweetGrapes · 15/11/2011 00:06

If she just wants to visit she can come for 90 days without a visa. She could use that to look around and figure things out.

Original poster
MrsRhettButler · 15/11/2011 01:00

Thanks, I'm going to give them a call, at least I know where to look now as I had no idea before.

OP posts:
nooka · 15/11/2011 06:17

Another option is to get a working permit, as she is young and Canadian - see here: www.ukba.homeoffice.gov.uk/visas-immigration/working/tier5/youthmobilityscheme/ it would mean she could come over to the UK for two years, although she would need to demonstrate that she could support herself (you need about £1,5k).

roary · 15/11/2011 14:28

You must speak to the Canadian High Commission in London. Make an appointment if necessary. If her father did not recognize her at the time of birth but does now she should be entitled to a passport but there may be additional hoops, just call and find out, make an appt if necessary. As others have mentioned she doesn't need citizenship, there are other visas, but she should actually be eligible for citizenship as the daughter of a brit (not right of abode, which is not applicable in this situation and will confuse them).

marcopront · 15/11/2011 15:23

Was he married to her mother at the time she was born? This can affect the right to citizenship.

Original poster
MrsRhettButler · 15/11/2011 15:30

Ah right, thanks roary I was under the impression that as his daughter she would be able to just come and stay but as I said I don't actually know anything. I will call the high commission.

No, they were not married, dp knew nothing about her until she was of toddler age maybe 2/3?

OP posts:
roary · 15/11/2011 15:34

Definitely do that - it's quite complicated and the rules are different depending on birthdate- as mentioned above it may or may not matter if the parents were married. But no, she absolutely won't be able to come for longer than a regular tourist without some kind of visa or application for citizenship.

roary · 15/11/2011 15:37

also, sorry - high commission may be able to help but you'll need the Home Office citizenship section eventually. (thinking backwards in migration direction)

natation · 15/11/2011 17:40

From what you say, the daughter is not a British citizen because her parents were not married and she is born before 1st July 2006 (after 2006 unmarried parents of children born outside the UK can pass on their nationality if they are born in the UK and British by birth).

www.ukba.homeoffice.gov.uk/britishcitizenship/othernationality/Britishcitizenship/bornoverseas/

Does the daughter have a UK born grandparent on the mother's side? If so, then she can apply for a UK ancestry entry clearance, they are fairly easy to obtain, there has to be intention to work and support oneself without recourse to public funds. It's also possible that a UK born parent on father's side will also suffice (seems so on this link), if dad can prove paternity. UK ancestry normally leads to Indefinite leave to remain and later can lead to nationality.
www.ukba.homeoffice.gov.uk/visas-immigration/working/uk-ancestry/

Original poster
MrsRhettButler · 15/11/2011 18:20

Argh! It's all so confusing! Thank you all for your advice. :)

It's not something that is happening immediately as we need to make sure we can afford to look after her until she gets a job or sort out education, I'm not sure what she wants to do tbh and that would have to be decided before she comes anyway.

OP posts:
Original poster
MrsRhettButler · 15/11/2011 18:22

Afaik she has no British born GP's dp's family is not British but I can't be sure about her mother, I will ask her.

OP posts:
MindtheGappp · 15/11/2011 18:29

If her father is a British citizen, born in the UK, then she is a British citizen from birth (British citizen by descent).

She should be able to simply gather her documents and apply for a passport from the nearest British High Commission.

--- reading on... I am not sure of the implication of his not being on her birth certificate. Can his paternity be added later?

roary · 15/11/2011 19:02

The issue is marriage. Out of wedlock usually rules you out. You have to talk to them!

Btw she will not be entitled to study as a home student even if she does get citizenship. She will have to pay foreign fees.

MindtheGappp · 15/11/2011 19:18

I really have no concrete knowledge of this, but perhaps the daughter could be eligible for British citizenship by registration?

Registration is a form of naturalisation reserved for children.

It is often a catch-all for awkward situations, particularly if the child becomes eligible for citizenship after birth.

As I have said, I have no idea if this is realistic or not, but it may be something to pop into Google.

natation · 15/11/2011 19:39

Yes Mindthegapp is wrong, as I already said, only after 1st July 2006 would a child inherit British citizenship by descent when born abroad of an unmarried parent who has British citizenship by birth in the UK, no on the facts presented, the 18 year old cannot be a British citizen by descent.

Also at 18 years old, it is too late to register as a British citizen, it is for children, the daughter is an adult and has not lived I assume in the UK before then to be able to obtain registration.

So the possible routes are :

1 )possiblity of UK grandparent entry clearance through mother

  1. Tier 5 youth mobility work permit entry clearance (replaced working holidaymaker scheme)

  2. other type of work permit - unlike as an 18 year old to be qualified though

  3. student entry clearance for studies over 6 months - overseas fees apply for university courses

  4. entry as a visitor for 6 months without entry clearance

MindtheGappp · 16/11/2011 06:42

I agree, notation. She is not a citizen at birth (I was just going by the limited information in the OP).

From direct gov: *A note on fathers
Until July 2006, unmarried British fathers could not pass on their British nationality.
If you were born before then, your father?s British nationality will pass to you only if he was married to your mother. It does not matter if they were married before or after you were born.

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