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✎ EN Passport British national not citizen (born in Gibraltar)

Discussion in 'Immigration UK' started by Fieryleo1984, Oct 28, 2012.

  1. Fieryleo1984

    Fieryleo1984 New Member

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    Hi all need some help. Supposed to be traveling Saturday to Florida. Just been to do the estas and realised that my mums passport has been wrongly issued. They have her down as a British national not citizen. We don't think this is correct.
    She was born in Gibraltar at the military hospital to military parents both who were British citizens.
    Why are they saying she's a subject not a citizen?

    Will we be able to change her passport in time before we fly to America?


    Thanks x
     
  2. Cyrilexpat

    Cyrilexpat Administrator
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    There are small differences between a British National and a British citizen.

    On a British passport the explanation is:
    You will get the full information about British citizenship and nationality on the Home Office website. It all comes from the British Nationality Act 1981 (which came into force on 1 January 1983) when Margaret Thatcher was Prime Minister.

    The forms of British nationality are:
    - British citizenship;
    - British overseas citizenship;
    - British overseas territories citizenship;
    - British national (overseas);
    - British protected person; and
    - British subject.

    As your mother was born in Gibraltar she must lay within the category: British overseas territories citizen and therefore it seems to me that the passport should actually say either British overseas territories citizen (Gibraltar is in the list of the British overseas territories as defined by the Act) or British citizen (see below with the British Overseas Territories Act 2002).
    The category British national (overseas) or BN(O) was created by the Hong Kong Act 1985

    118 countries and territories grant British National (Overseas) passport holders either visa-free or visa-on-arrival treatment as of 26 March 2010, but I can see why this is a problem, as the United States are not part of the list! :eek:
    You have 2 options (you might want to do both, just in case!):
    - use the Premium service to get a new passport (cost £128). In order to get more information and maybe also ask them to deal urgently with the matter you can call them: Telephone: 0300 222 0000
    All information here: https://www.gov.uk/get-a-passport-urgently
    - contact the US Embassy on that matter.


    In addition, BOTCs by connection with Gibraltar may apply for registration as a British citizen under section 5 of the 1981 Act. This is an entitlement and cannot be refused.
    And anyway, the British Overseas Territories Act 2002 (c.8) superseded parts of the British Nationality Act 1981 says that:
     
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  3. Fieryleo1984

    Fieryleo1984 New Member

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    Re: Urgent advice needed :(

    Thank you for your reply, I also found this http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

    Page 4 explains about children born abroad to armed forces and That they are entitled to British citizenship.

    However the passport office are not having it, they are telling her she needs to prove she's British!
    She's got British born parents, she has a British Birth certificate issued.

    I don't know what else we can do? They are looking into it more this afternoon but I'm not holding out much hope and they have ruined a holiday of lifetime.

    Em
     
  4. Cyrilexpat

    Cyrilexpat Administrator
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    Re: Urgent advice needed :(

    It is not because they are from the Border Agency that they are right unfortunately :evil: and I can understand your frustration.
    At the end there is already a confusion as a BN is a term for Hong Kong, not Gibraltar. She should be British overseas territories citizen in any case. And anyway, since the 20012 act, she should become British Citizen.
    But as for any big administration (public and private companies they are all the same on that) it can take a long time and stamina. Finger crossed for the answer this afternoon, keep us informed.

    That is why I also advised that you contact the US embassy to see if you can get a Visa or some sort of paper so you can still go on holiday.
     
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  5. Fieryleo1984

    Fieryleo1984 New Member

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    Hi again American consults take 5 working days to sort out a visa after a interview at there office so that's not going to be back in time!
    Also it's British subject not national as I first though :-/.

    Anyways after constant phone calls back and forth they have now said they need proof that my grandpa was given British citizenship before 1980 (makes matters
    Worse he was born in Ireland!) but he defo has British citizen passport at present and has been traveling to America/Canada for years and years

    Em
     
  6. Cyrilexpat

    Cyrilexpat Administrator
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    Arch! I am sorry that you have those difficulties sorting out the passport. Does that definitely prevent you to travel to the US? What is your plan now?
     
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