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Hello, I'm applying for fiance visa for UK to marry to my fiance from .
My fiance was born in Northern Ireland, he was born after 1984 and only holds Irish passport. (His parents were both born in Northern Ireland, and they only hold Irish passports)
I'm wondering if he is allowed to call himself a British citizen/has Nationality for United Kingdom.

As I asked here before, I thought the circumstance of your birth make you British, and his birth certificate proves his British nationality (even though he doesn't hold a British passport)

But I received a message from citizen's advice UK(I asked them weeks ago regard to this question) and they said 'A UK birth certificate does not prove UK citizenship, nor a right to reside in the UK. This depends very much on the status of the parents at the time of the birth. '

He only holds Irish passport, does it mean he is only Irish citizen, not British citizen even though he and his parent's born in Northern Ireland and live there permanently?

For fiance visa application form, I write his Irish passport number, his nationality is Irish, and state he holds another nationality which is British and he is a British citizen.
Do you think I must provide additional information/cover letter stating He is British citizen and British nationality since he was born in Belfast? Is birth certificate not good enough evidence?

I am really confused with this business, and I don't want to be rejected since I apply for Fiance visa to get married with Irish (born in NI). I am not going for EEA route, I can only apply for UK route. Your help will be GREATLY appreciated !!!

 

[nyclon]

You'll need to provide his long form birth certificate.

 

[Joppa]

There is a lot of confusion about the nationality status of those born in Northern Ireland. For those born prior to 2005 (when Good Friday Agreement became law), they are both British and Irish citizen. This is regardless of whether the person regards themselves as Irish or British (usually to do with their religion - Catholic = Irish, Protestant = British), or whether they have taken out Irish or British passport, or both (dual nationality allowed under both UK and Irish law). This doesn't normally create problems, as British and Irish citizenship both confer right to residence in either country, and up to now, both are part of EU.

Problem arises if the Northern Ireland person tries to sponsor a non-EU citizen for EEA family permit. Because of the 2012 McCarthy Judgment, which was subsequently incorporated into UK law, those born prior to 2005 are deemed to be British citizen, whether they regard themselves as British or have taken out British passport, so therefore cannot sponsor under EEA rules. The only thing they can do, if they want to use EU route to bring their family members into UK, is to try Surinder Singh route via another EEA country, or renounce their British citizenship and use their Irish nationality.

Now with Brexit becoming a reality, think very carefully if you are planning to renounce your citizenship. While Irish citizenship should not be unduly affected by Brexit, it would be foolish to give up a citizenship which alone guarantees your full citizen's right in UK.

 

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Thank you SO much again nyclon and Joppa for your replies !
So in our case, we just submit my sponsor's long birth certificate and nothing else to add (explanation for him not having British passport since he's from NI etc ? )

Joppa, yes you are right. we have to think carefully, especially about getting a British passport..

 

[nyclon]

When the sponsor doesn't have a British passport they submit their long form birth certificate in it's place. A British passport confirms that you are a British citizen. It's my understanding that the details on the long form birth certificate (as opposed to the short form) will confirm that he is a British citizen.

I don't think you have to provide an explanation as to why he doesn't have a British passport.

 

[Joppa]

In some circumstances, long-form birth certificate doesn't prove one's Britishness, if for example neither parent was British or was settled in UK (UK doesn't have jus soli like US). In that case you need the relevant birth certificate of a parent to show his or her ancestry or another claim to citizenship. I remember having to do that with one of my family members.

 

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So do I need my sponsor's parent's birth certificate?

 

[Joppa]

No. Only when they ask for it, which isn't normal.

 

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Thank you very much for your reply Joppa.
I will submit a long birth certificate of my sponsor.
Thank you Joppa and Nyclon again for your advice ! I really appreciate it.