Nationality?

Client’s father was German and she has a German passport. Mother is South African. Client was born in the UK and has never lived abroad. Now age 18, having left school she is applying for IRESA. Is she solely a German national or can she be a UK national by virtue of her birth and residency? Being a pessimist, I could envisage EU national issues!

How long had her father been in he UK when she was born and on what basis was he here? If he had been here 5 years exercising EU residence rights (most likely by being continuously employed) he will have gained permanent resident status. Any children born after he gained that status that will automatically be UK citizens.

Even if she isn’t a UK citizen she will very likely have gained permanent residence rights herself.

I’m not sure how long her father was in the UK. As you say, she would surely be a permanent resident, having lived here legally for over 5 years. This could be proved by school and social work records as she is profoundly disabled and had services for many years. But I take it she can’t be classed as a UK national purely on birth and residency? Father left the UK a number of years ago. South African mother remained and is in receipt of IRESA, if that helps

https://en.wikipedia.org/wiki/British_nationality_law#Classes_of_British_nationality

Thanks, Claire. I think I need to find out if dad, as an EEA citizen, was exercising Treaty rights in the United Kingdom to know if he was deemed “settled” in the United Kingdom when she was born.