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Posted

I am in the same boat as the above and I don't know where to turn. I was born in South Africa, but moved to England when I was a year old. I went to school and university in the UK and worked until I was 26 and decided to move away. I married my wife 2 years ago in April and we just had our first son in December. I received the rejection letter for his passport yesterday on the same grounds. I found this while searching for information. Half my sons family are British and live and work in the UK and we have been rejected for this passport largely due to my parents work commitments. Now for a simple family visit I will have to jump through hoops to make visas for my son(the son of a British man born to two British parents, born to four British grandparents...) I am at a loss as to what to do next. I have read the comments about been married first and living in the UK for 3 years in both these cases we meet that criteria and yet we have still been rejected I am in the same boat as the above and I don't know where to turn. I was born in South Africa, but moved to England when I was a year old. I went to school and university in the UK and worked until I was 26 and decided to move away. I married my wife 2 years ago in April and we just had our first son in December. I received the rejection letter for his passport yesterday on the same grounds. I found this while searching for information. Half my sons family are British and live and work in the UK and we have been rejected for this passport largely due to my parents work commitments. Now for a simple family visit I will have to jump through hoops to make visas for my son(the son of a British man born to two British parents, born to four British grandparents...) I am at a loss as to what to do next. I have read the comments about been married first and living in the UK for 3 years in both these cases we meet that criteria and yet we have still been rejected. I am in the same boat as the above and I don't know where to turn. I was born in South Africa, but moved to England when I was a year old. I went to school and university in the UK and worked until I was 26 and decided to move away. I married my wife 2 years ago in April and we just had our first son in December. I received the rejection letter for his passport yesterday on the same grounds. I found this while searching for information. Half my sons family are British and live and work in the UK and we have been rejected for this passport largely due to my parents work commitments. Now for a simple family visit I will have to jump through hoops to make visas for my son(the son of a British man born to two British parents, born to four British grandparents...) I am at a loss as to what to do next. I have read the comments about been married first and living in the UK for 3 years in both these cases we meet that criteria and yet we have still been rejected. I am in the same boat as the above and I don't know where to turn. I was born in South Africa, but moved to England when I was a year old. I went to school and university in the UK and worked until I was 26 and decided to move away. I married my wife 2 years ago in April and we just had our first son in December. I received the rejection letter for his passport yesterday on the same grounds. I found this while searching for information. Half my sons family are British and live and work in the UK and we have been rejected for this passport largely due to my parents work commitments. Now for a simple family visit I will have to jump through hoops to make visas for my son(the son of a British man born to two British parents, born to four British grandparents...) I am at a loss as to what to do next. I have read the comments about been married first and living in the UK for 3 years in both these cases we meet that criteria and yet we have still been rejected. I am in the same boat as the above and I don't know where to turn. I was born in South Africa, but moved to England when I was a year old. I went to school and university in the UK and worked until I was 26 and decided to move away. I married my wife 2 years ago in April and we just had our first son in December. I received the rejection letter for his passport yesterday on the same grounds. I found this while searching for information. Half my sons family are British and live and work in the UK and we have been rejected for this passport largely due to my parents work commitments. Now for a simple family visit I will have to jump through hoops to make visas for my son(the son of a British man born to two British parents, born to four British grandparents...) I am at a loss as to what to do next. I have read the comments about been married first and living in the UK for 3 years in both these cases we meet that criteria and yet we have still been rejected. I am in the same boat as the above and I don't know where to turn. I was born in South Africa, but moved to England when I was a year old. I went to school and university in the UK and worked until I was 26 and decided to move away. I married my wife 2 years ago in April and we just had our first son in December. I received the rejection letter for his passport yesterday on the same grounds. I found this while searching for information. Half my sons family are British and live and work in the UK and we have been rejected for this passport largely due to my parents work commitments. Now for a simple family visit I will have to jump through hoops to make visas for my son(the son of a British man born to two British parents, born to four British grandparents...) I am at a loss as to what to do next. I have read the comments about been married first and living in the UK for 3 years in both these cases we meet that criteria and yet we have still been rejected. I am in the same boat as the above and I don't know where to turn. I was born in South Africa, but moved to England when I was a year old. I went to school and university in the UK and worked until I was 26 and decided to move away. I married my wife 2 years ago in April and we just had our first son in December. I received the rejection letter for his passport yesterday on the same grounds. I found this while searching for information. Half my sons family are British and live and work in the UK and we have been rejected for this passport largely due to my parents work commitments. Now for a simple family visit I will have to jump through hoops to make visas for my son(the son of a British man born to two British parents, born to four British grandparents...) I am at a loss as to what to do next. I have read the comments about been married first and living in the UK for 3 years in both these cases we meet that criteria anzxbfd

Hello everyone, 

I just received a rejection letter via e-mail for my son's first passport who was born in December in Thailand to a Thai mother. The reason for the rejection was based on my place of birth which was South Africa and that "although you are British you obtained your claim to British Nationality by virtue of descent through your British father. Descent claims can only be passed on one generation i.e. your father to you and therefore"(quote from the letter) my son is not British.

I was born in South Africa, but moved to England when I was a year old. I went to school and university in the UK and worked until I was 26 and decided to move away. I married my wife 2 years ago, in April and we just had our first son in December. I received the rejection letter for his passport yesterday on the same grounds. I found this while searching for information. Half my son's family are British and live and work in the UK and we have been rejected for this passport largely due to my parents work commitments. Now for a simple family visit I will have to jump through hoops to make visas for my son (the son of a British man born to two British parents, born to four British grandparents...) I am at a loss as to what to do next. I have read the comments on other pages about being married first and living in the UK for 3 years in both these cases we meet that criteria and yet we have still been rejected.

I hope someone has experience with this and can help

thank you in advance

Posted

Did you ever get registered as a British citizen and have the certificate? Like you, I was born in Africa (Rhodesia) to British parents and moved to the UK in 1961 when I was 1. When I was 8, my parents registered me as British. I was able to get my son, born in Thailand, a UK passport.

  • Like 2
Posted
14 hours ago, brewsterbudgen said:

Did you ever get registered as a British citizen and have the certificate? Like you, I was born in Africa (Rhodesia) to British parents and moved to the UK in 1961 when I was 1. When I was 8, my parents registered me as British. I was able to get my son, born in Thailand, a UK passport.

no unfortunately i was never registered i checked that with my parents. Thanks for the help though. Need to keep looking

Posted
no unfortunately i was never registered i checked that with my parents. Thanks for the help though. Need to keep looking

Unfortunately you may be a victim of the Thatcher government's desire to reduce the numbers of non UK born descendants of non UK born British citizens, mainly from the Indian sub-continent, getting UK passports. A non UK born child of non UK born parents, even though the parents hold UK passports, is not entitled to a UK passport. You can of course get the child a UK visa.
  • Like 1
Posted

i never liked her!!! Thank you for all your help I have sent e-mails off to both the citizenship and passport offices explaining the situation so hopefully i will be able to find a route. I feel wronged by my government at the moment never even considered myself to be anything other than British and it saddens me to have my 'Britishness' questioned like this.

 

If i get any news i will post here maybe it will be of help to others. I saw an article in the Independent from last year from a guy with a similar story so i have contacted them also just to see if there was any follow up to the story. I get the feeling i am on a fool's errand though.

 

Thanks again for your help maybe i can get a back dated 'Britishness' letter :D i did live there for 25 years

  • Like 2
Posted

Thanks again for your help,

 

after spending a weekend of searching and e-mailing i believe i will be going with 3(2) i am just checking about this first with an advice center in the UK.

 

Thanks again for everyone's help

 

I am feeling more positive about it all now

  • Like 2
Posted
9 hours ago, mfharrison said:

Thanks again for your help,

 

after spending a weekend of searching and e-mailing i believe i will be going with 3(2) i am just checking about this first with an advice center in the UK.

 

Thanks again for everyone's help

 

I am feeling more positive about it all now

I hope all goes well.
Please, update here with the results.
Thank you!

Posted

Perhaps creatively, if you are entitled to a SA passport so should your son.

 

if for whatever reason the registration of the British passport doesn't happen, should your son also be eligible for the SA passport, it should make himself commonwealth citizen.

 

commonwealth citizen with at least a grandparent born in the U.K.  Are eligible  for 4 year ancestory visa which grants them unlimited rights to enter the U.K. 

Posted (edited)

I know nothing of South African nationality law. But even were the OP able to obtain a South African passport for his 3 month old son, he couldn't obtain a UK Ancestry visa for him; yet.

 

UK Ancestry visa

 

Quote

You can apply for a UK Ancestry visa if you:

  • are a Commonwealth citizen
  • are applying from outside the UK
  • are able to prove that one of your grandparents was born in the UK
  • are able and planning to work in the UK
  • meet the other eligibility requirements

2. Eligibility

You must prove that you:

  • are 17 or over
  • have enough money without help from public funds to support and house yourself and any dependants
  • can and plan to work in the UK

 Note that this visa is only available to Commonwealth citizens who are coming to the UK to work or study; hardly unlimited rights!

 

It is valid for 5 years, and after 5 years in the UK the holder can apply to either extend it or settle in the UK.

Edited by 7by7
  • Like 1
Posted
3 hours ago, 7by7 said:

I know nothing of South African nationality law. But even were the OP able to obtain a South African passport for his 3 month old son, he couldn't obtain a UK Ancestry visa for him; yet.

 

UK Ancestry visa

 

 Note that this visa is only available to Commonwealth citizens who are coming to the UK to work or study; hardly unlimited rights!

 

It is valid for 5 years, and after 5 years in the UK the holder can apply to either extend it or settle in the UK.

I stand corrected.

  • 4 weeks later...
Posted
On 2/6/2017 at 9:08 AM, mfharrison said:

Thanks again for your help,

 

after spending a weekend of searching and e-mailing i believe i will be going with 3(2) i am just checking about this first with an advice center in the UK.

 

Thanks again for everyone's help

 

I am feeling more positive about it all now

Hi,

Was there any update on this?
I am still waiting for the Home Office to confirm my nationality.
 

Posted
On 2/8/2017 at 3:40 PM, 7by7 said:

I know nothing of South African nationality law. But even were the OP able to obtain a South African passport for his 3 month old son, he couldn't obtain a UK Ancestry visa for him; yet.

 

UK Ancestry visa

 

 Note that this visa is only available to Commonwealth citizens who are coming to the UK to work or study; hardly unlimited rights!

 

It is valid for 5 years, and after 5 years in the UK the holder can apply to either extend it or settle in the UK.

7by7,

I have hit a roadblock as  HM passport office says they cannot check.
I have sent 3 emails in 2 weeks to the Home Office.

My father swears that in 1988 he took me to London and I was registered.
He cannot find the details sadly.

If I sent the MN1 form off anyways I am not sure if it would be a waste of money or would they then turn around as say that it is not need?
 

Posted
1 hour ago, stefan2519 said:

My father swears that in 1988 he took me to London and I was registered.
He cannot find the details sadly.

You were not born in the UK or a qualifying territory; so you are British by descent. Whether or not your father subsequently registered your birth in the UK does not change that.

 

Because you are British by descent, your children will only automatically be British if they are, themselves, born in the UK or a qualifying territory. Unless they inherit British citizenship from their mother; which I assume is not the case here.

 

So the only way they can become British is by registration using form MN1; if they qualify for such.

 

The only way to find out for sure if they do qualify is to apply. From what you have said, I think they do; but this is a complicated area and I am only offering a layman's opinion.

 

 

Posted
14 hours ago, 7by7 said:

You were not born in the UK or a qualifying territory; so you are British by descent. Whether or not your father subsequently registered your birth in the UK does not change that.

 

Because you are British by descent, your children will only automatically be British if they are, themselves, born in the UK or a qualifying territory. Unless they inherit British citizenship from their mother; which I assume is not the case here.

 

So the only way they can become British is by registration using form MN1; if they qualify for such.

 

The only way to find out for sure if they do qualify is to apply. From what you have said, I think they do; but this is a complicated area and I am only offering a layman's opinion.

 

 

OK, thank you!

  • 2 weeks later...
Posted
On 3/6/2017 at 3:22 PM, stefan2519 said:

Hi,

Was there any update on this?
I am still waiting for the Home Office to confirm my nationality.
 

i have been looking into it. I have been told by philip gamble solicitors that i have a 75% - 95% chance and that my next step is a status trace. i haven't gone ahead with that yet i am still looking into a few options that hopefully wont be quite so costly as using the solicitors. the status trace alone is 350gbp and the application abbout 1k and they said there are possible other costs.

ill update when i make a move on something.

Posted (edited)
17 hours ago, mfharrison said:

i have been looking into it. I have been told by philip gamble solicitors that i have a 75% - 95% chance and that my next step is a status trace

A 75 to 90% chance of what, based upon what? 

 

17 hours ago, mfharrison said:

i am still looking into a few options that hopefully wont be quite so costly

What other options?

 

I do see that on their Am I British page Philip Gamble say that you might be British if

Quote

Born in South Africa after 31 May 1962 but before 1983, and you have a UK-born grandparent.

But your British citizenship is not in doubt. You inherited that from your father. What is in doubt is whether you are able to pass that citizenship onto your children.

 

Everything you have said here indicates to me that you are British by descent and so cannot pass your nationality onto your children unless they are born in the UK or a qualifying territory.

 

Of course, I am no expert and Philip Gamble are. (BTW; did you actually speak to someone there, or simply complete their online assessment? If the latter, did you complete it for yourself or for your son?)

 

If Philip Gamble are telling you that there is a 75 to 90% chance that your son is automatically British then it would help enormously if you could tell us why; with reference to the relevant parts of the British Nationality Acts.

 

That information could then be used to help others in the same position as you and your son who come here seeking advice, both now and in the future,

 

Thank you.

Edited by 7by7
Addenda
  • 1 month later...
Posted

sorry for the late reply i didn't see the notification come up.

 

My family are currently getting the evidence together in the UK as i have rather limited access at the moment.

 

% chance

the 75-95% chance is with regards to my son gaining british citzenship through the application and the information i gave them.

 

The section i will be applying under

We will be applying for my sons citizenship under section 3(2) Page 10 of the MN1 guide


"To qualify under this section, the parent who is British by descent must have been born to a parent who was a British citizen otherwise than by descent (or if that person died, then they would have been a British citizen otherwise than by descent but for their death).
The British citizen by descent parent must have lived in the UK (or, if the child was born on or after 21 May 2002, in a British overseas territory) for a continuous period of 3 years at any time before the child’s birth. During that period they should not have absences exceeding 270 days. The application must be made whilst the child is under 18 years of age.
The 3 year residence requirement for the parent does not need to be met if the child is stateless."

 

Not using the solicitor (pretty much double the price of application)

the less costly route is to go it alone and do the application without the solicitor. We currently know what evidence is useful and acceptable with regards to proving my presence in the UK for a period of 3 years with no more than 270 days absences. 

 

"The best place to start looking is the electoral rolls. You can acquire these from the electoral offices or council in the area that you lived in. This council would likely also have educational archives that the schools in the area would have submitted their records to.

 

There are many acceptable forms of evidence, as cited below:

 

- Any payslips, bank statements or employers references from your time in the UK.

- Any university correspondence, school certificates or other material from studies in the UK whilst there.

- Any other documents which would loosely show your presence in the UK at this time, e.g. driving licence, NHS card, or even photographs which would identify you as having been there.

- A note of all addresses (including dates of residence) you stayed at in this period.

- A list of all absences from the UK in the relevant period of UK residence. This list must include details of the destination country and the purpose of the visit (including the dates)"

 

My citizenship (and emotions)

I understand that my British citizenship was not in doubt. I hope you can understand the frustrations of someone that finds out that their son cannot gain British citizenship from them even though they lived in the UK from the age of 1 - 26 was not able to pass on that citizenship. I was a little angry and upset and it felt like my background etc was at fault and therefore i was at fault for this. Also i was born in 1984 and therefore i didn't qualify under the previous act that runs for people born prior to 1983.

 

I understand that this will help people in the future and i will update when i continue with the process. I have a short trip back to the UK coming up so hopefully all the information will be collected then and i will start the process and update as and when

  • Like 1
Posted
sorry for the late reply i didn't see the notification come up.
 
My family are currently getting the evidence together in the UK as i have rather limited access at the moment.
 
% chance
the 75-95% chance is with regards to my son gaining british citzenship through the application and the information i gave them.
 
The section i will be applying under
We will be applying for my sons citizenship under section 3(2) Page 10 of the MN1 guide

"To qualify under this section, the parent who is British by descent must have been born to a parent who was a British citizen otherwise than by descent (or if that person died, then they would have been a British citizen otherwise than by descent but for their death).
The British citizen by descent parent must have lived in the UK (or, if the child was born on or after 21 May 2002, in a British overseas territory) for a continuous period of 3 years at any time before the child’s birth. During that period they should not have absences exceeding 270 days. The application must be made whilst the child is under 18 years of age.
The 3 year residence requirement for the parent does not need to be met if the child is stateless."
 
Not using the solicitor (pretty much double the price of application)
the less costly route is to go it alone and do the application without the solicitor. We currently know what evidence is useful and acceptable with regards to proving my presence in the UK for a period of 3 years with no more than 270 days absences. 
 
"The best place to start looking is the electoral rolls. You can acquire these from the electoral offices or council in the area that you lived in. This council would likely also have educational archives that the schools in the area would have submitted their records to.

 

There are many acceptable forms of evidence, as cited below:

 

- Any payslips, bank statements or employers references from your time in the UK.

- Any university correspondence, school certificates or other material from studies in the UK whilst there.

- Any other documents which would loosely show your presence in the UK at this time, e.g. driving licence, NHS card, or even photographs which would identify you as having been there.

- A note of all addresses (including dates of residence) you stayed at in this period.

- A list of all absences from the UK in the relevant period of UK residence. This list must include details of the destination country and the purpose of the visit (including the dates)"

 

My citizenship (and emotions)

I understand that my British citizenship was not in doubt. I hope you can understand the frustrations of someone that finds out that their son cannot gain British citizenship from them even though they lived in the UK from the age of 1 - 26 was not able to pass on that citizenship. I was a little angry and upset and it felt like my background etc was at fault and therefore i was at fault for this. Also i was born in 1984 and therefore i didn't qualify under the previous act that runs for people born prior to 1983.

 

I understand that this will help people in the future and i will update when i continue with the process. I have a short trip back to the UK coming up so hopefully all the information will be collected then and i will start the process and update as and when


I have every sympathy as I was nearly in the same situation. Much of the blame has to go to the Thatcher government which introduced The British Nationality Act as a sop to the right-wing, anti-immigrant wing of the Tory party. [emoji35]
  • 6 months later...
Posted

just a quick update for anyone following this.

 

i posted off the MN1 form to apply for my sons citizenship (filing under section 3(2)) just over 2 weeks ago and i got an e-mail yesterday just acknowledging they have received the application and that the process may take up to 6 months.

Posted
On 5/2/2017 at 5:27 PM, brewsterbudgen said:


I have every sympathy as I was nearly in the same situation. Much of the blame has to go to the Thatcher government which introduced The British Nationality Act as a sop to the right-wing, anti-immigrant wing of the Tory party. emoji35.png

Lets not bring politics into this, but it was the Labour Government who put the first UK Green paper through about the UK Nationality act in 1977 , which was followed by the Conservatives and both Parties agreed upon the act in 1981

Posted

In the mid-1970s the British Government decided to update the nationality code, which had been significantly amended since the British Nationality Act 1948 came into force on 1 January 1949. In 1977, a Green Paper was produced by the Labour government outlining options for reform of the nationality code. This was followed in 1980 by a White Paper by the Conservative government that closely followed the Labour proposals. 

Posted
just a quick update for anyone following this.
 
i posted off the MN1 form to apply for my sons citizenship (filing under section 3(2)) just over 2 weeks ago and i got an e-mail yesterday just acknowledging they have received the application and that the process may take up to 6 months.

Wow, that's a long wait. Applying for my son's first UK passport while in Bangkok only took 3 weeks.

Sent from my SM-G930F using Thailand Forum - Thaivisa mobile app

Posted
Lets not bring politics into this, but it was the Labour Government who put the first UK Green paper through about the UK Nationality act in 1977 , which was followed by the Conservatives and both Parties agreed upon the act in 1981

The Wikipedia entry suggests that the Conservatives and Whitelaw in particular were the prime movers behind the more restrictive clauses in the final Act.

Sent from my SM-G930F using Thailand Forum - Thaivisa mobile app

Posted
1 minute ago, brewsterbudgen said:


The Wikipedia entry suggests that the Conservatives and Whitelaw in particular were the prime movers behind the more restrictive clauses in the final Act.

Sent from my SM-G930F using Thailand Forum - Thaivisa mobile app
 

 

3 minutes ago, brewsterbudgen said:


The Wikipedia entry suggests that the Conservatives and Whitelaw in particular were the prime movers behind the more restrictive clauses in the final Act.


 

No it doesnt .

 

 

This was followed in 1980 by a White Paper by the Conservative government that closely followed the Labour proposals. William Whitelaw, the Home Secretary under Prime Minister Margaret Thatcher, was the chief author. The British Nationality Act 1981 received Royal Assent on 30 October 1981 and came into force on 1 January 1983. Both major parties were in agreement on the new law

  • Like 1
Posted
When I applied for his passport was when I found out that he wasn’t eligible that only took a few weeks.

Right. Sorry, I'd forgotten your original post. It does seem ridiculous and unfair (whoever is politically to blame!). Having been born overseas myself, I'll be eternally grateful to my late parents for registering me as British when I was 8, thus enabling to be British Otherwise than by Descent.

Good luck and keep us updated.

Sent from my SM-G930F using Thailand Forum - Thaivisa mobile app

  • 2 months later...
Posted

Update!!

So today i got the news through that my son qualifies under section 3(2) and has been granted British citizenship. All the documents have been posted back to my parents place in the UK. Thankfully this ordeal has come to a positive conclusion. We will be applying for his passport in due course. 

 

It has been a long wait but we got the outcome we were looking for. Needless to say we are very happy with the result and thank everyone for their helpful input.

 

If anyone else is in the same situation and wants to ask me any questions i will do the best i can to answer them

 

thanks again all

  • Like 2
Posted
Update!!
So today i got the news through that my son qualifies under section 3(2) and has been granted British citizenship. All the documents have been posted back to my parents place in the UK. Thankfully this ordeal has come to a positive conclusion. We will be applying for his passport in due course. 
 
It has been a long wait but we got the outcome we were looking for. Needless to say we are very happy with the result and thank everyone for their helpful input.
 
If anyone else is in the same situation and wants to ask me any questions i will do the best i can to answer them
 
thanks again all

Great news. Really happy for you. The passport application should be straightforward.

Sent from my SM-G930F using Thailand Forum - Thaivisa mobile app

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