Monday, September 3, 2012

British woman born in South Africa unable to work, marry, go on holiday or go to university because she lost her birth certificate

  • Allem Kerr, 25, was born in South Africa to British parents and moved to Scotland when she was four
  • After losing her birth certificate the Home Office has said there is no official record of her existence and has refused to accept she is a British citizen
  • Relentless attempts for guidance - including a letter to Prime Minister David Cameron - have failed and she is now considering taking the issue to court
Allem Kerr from Balloch, Dunbartonshire in Scotland, has spent years trying to register her existence but may be forced to go to court to do so
Allem Kerr from Balloch, Dunbartonshire in Scotland, has spent years trying to register her existence but may be forced to go to court to do so

A woman who has lived in Scotland since her British family moved from South Africa when she was four is going to court to prove she exists - after losing her birth certificate
Angry Allem Kerr, 25, was born in South Africa after her parents had emigrated.
They returned to the UK more than 20 years ago but she cannot work, go on holiday abroad, apply for a driving licence or go to university after losing her birth certificate 13 years ago.
She has tried in vain to register her existence but Home Office officials and the consulate of South Africa keep telling her there is no official record of her birth.
Miss Kerr, of Balloch, West Dunbartonshire, even tried to contact the hospital where she was born but to her dismay found it had been shut down and the records moved or lost.
The identity crisis means the 25-year-old, who wants to study nursing at university, is also unable to marry long-term boyfriend Joel Healy, 26.
Her agonising ordeal has left her Scottish parents Ann, 55, an MS sufferer, and dad Andrew, 59, Ann’s full-time carer, struggling to support her.
Out of desperation, she wrote to the Prime Minister last year, whose office vowed to pass her details on to the Home Office.
But Miss Kerr said she has been left without a further reply and still has her life on hold.
The only option left to her now is to convince the Court of Session in Edinburgh that she is genetically linked to her mother, and therefore automatically a British citizen.
The aspiring nurse, who is in talks with lawyers, said: ‘I’m frustrated and angry.
‘I’m British. I happen to have been born in South Africa but I have lived in Scotland almost my entire life, but proving it seems to be a problem.
‘I wrote to David Cameron and his secretary replied that she would pass it on to the Home Office, but that was months ago and I’ve heard nothing.
‘I want to work and go to university and support myself but I can’t. I will do whatever it takes and if I have to go to court to prove I exist then that’s what I’ll do.’
Allem was born in South Africa after her Scottish mum and dad decided to emigrate but the family returned to Scotland when she was four.
Miss Kerr is unable to marry her long-term boyfriend Joel Healy, 26, without her passport, or even live with him without a job to support herself
Miss Kerr, 25, is unable to marry her long-term boyfriend Joel Healy, 26, without her passport, or even live with him without a job to support herself
Her brother Alasdair, 27, and sister Mallory, 23, both have their birth certificates and are eligible to work, while Miss Kerr’s was lost in a house move when she was 12.
Since then she and her parents have tried in vain to track down the vital piece of paper, which has stopped her from gaining a passport and traveling abroad on holiday.
Miss Kerr held down part-time jobs until she returned to college five years ago.
But when she applied to the University of the West of Scotland to study nursing she was refused as she did not have the documentation.
Her desperate struggle has led her to Dumbarton MSP Jackie Baillie, former West Dunbartonshire MP John McFall, the Home Office and the South African Embassy in London.
But embassy staff could find no record of her birth and sent her back to the British Government.
An attempt to apply for naturalisation was refused because she is not considered an immigrant.
Miss Kerr added: ‘I have basically been told I don’t exist.
‘I have cried so many times over this. I just want to live a normal life.
‘I have been speaking to the passport office from the word go and they have told me there is no point applying because legally I don’t exist.
Pictured as a two-year-old, left, in 1989 with her older brother Alasdair while living in South Africa where she was born
Pictured as a two-year-old, left, in 1989 with her older brother Alasdair while living in South Africa where she was born
‘It’s ridiculous. I just want the consulate to recognise my birth so I can do all the things that everyone else takes for granted.
‘It’s not fair on my parents. I want to move in with my boyfriend but we can’t afford to because he doesn’t earn enough to support me.
‘I hate asking for money to do the simplest thing but it is all I can do. I want to earn my own.’
Mum Ann said: ‘The government should be giving her benefits to live until it is sorted.
‘People who move here from other countries are entitled, but my daughter, who is Scottish, isn’t.
‘It  seems she has fewer rights than everyone else and it’s not fair.’

Grace McGill, an immigration lawyer at Scottish law firm McGill and Co, said the only option left is to apply for a declaration of parentage at the Court of Session.
‘Allem’s mum would have to prove to the court that Allem is her daughter using a DNA test and from that Allem’s nationality is inferred, because her mum is British.’
A spokesman for the Identity and Passport Service said: ‘While we sympathise with Ms Kerr’s situation, the Identity and Passport Service can only issue British passports to British citizens.
‘We are offering advice to help her provide alternative supporting documents when she applies for her passport.’

No comments:

Post a Comment