Exeter man's immigration fight to stay in Britain
The 59-year-old, of Headland Crescent, Whipton, Exeter, has been told he is no longer allowed to work here because he has no documents to prove he is a British citizen — despite having been in the UK since he was six.
Now, Mr McClellan, who has lived in Exeter for more than 50 years, could be ordered to leave the country.
He is taking legal advice, insisting that he had no idea he was living in the country illegally.
Mr McClellan was working for a cleaning company contracted by high street store Primark when his employers told him they could no longer employ him.
He has a 34-year-old son from his former marriage to a British woman and lives with his British partner of 26 years, Janet, 59.
But his former employers will not give him a job for fear of being fined or sent to jail for taking on an illegal immigrant.
Mr McClellan has a US birth certificate and no passport, but has a National Insurance number.
The former lorry driver told the Echo that apart from a period of ill-heath he had always worked and was desperate to find a job.
Mr McClellan's mother was born and bred in Exeter. She met and married his father, an American GI, before the pair went to live in the US.
He and one of his brothers were sent back to the UK to live with their British grandparents — and he has not been out of the country since.
He said: "I came here in 1955, I went to school here, I've worked all my life, paid my taxes and now I'm treated like I don't belong in this country.
"I'm not receiving any benefits and I can't earn — I'm in a Catch 22 situation.
"My grandparents were British and they brought me up, so I can't understand why they are calling me illegal — it seems so stupid to me."
Judith Hockin, an immigration solicitor with city-based law firm Stephens and Scown, which is supporting him, said: "Mr McClellan has never left the UK and has worked all his life in lots of different jobs.
"Now, because of the illegal working penalties facing employers, Mr McClellan is unable to find work.
"Employers have become much more meticulous in complying with the law.
"They now have to do checks on British nationals as well as foreign immigrants to show there is no discrimination.
"Mr McClellan hasn't got anything to show he can work in the UK, so it's a very difficult situation for him."
Mr McClellan has also appealed to Exeter MP Ben Bradshaw for help.
Anyone born to a British mother after 1961 can register as a British national but Mr McClellan was born before then.
The law is set to change at the end of this year when the Borders, Immigration and Citizenship Bill becomes law.
That will allow Mr McClellan to register as a UK citizen, but until that time he is unable to work or claim benefits.
Mr McClellan can make an application to the Home Office for 'indefinite leave to remain' but this process can take months, requires a large amount of evidence that a person has the right to stay in the UK and costs around £750 — money Mr McClellan does not have.
He would then have to apply for 'naturalisation' on the basis of long-term residence — a person who has lived in the UK for 14 years or more — for a further fee of £655.
Mr McClellan's lawyers are considering an appeal to the Home Office to use its discretion in allowing him to become a British national, but that would still cost Mr McClellan, who is receiving free legal help, almost £500 and he could lose the money if the appeal was unsuccessful.
He said: "I am scared about what is going to happen to me. I can't afford to pay the money."
A Home Office spokes- man said: "Fees for British citizenship are prescribed in law. There are no concessions.
"In this particular case, the person involved can apply for naturalisation, but if unsuccessful they will only get a small proportion of their fee back."
The US Embassy said it would only be able to represent Mr McClellan's 'American interests'.
It said the matter was an issue between Mr McClellan and the Home Office.
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