cdchrist

Hi, my 21 year old son wants to move to the UK. His father is a British citizen living somewhere in the US, mother is a US citizen. My son is interested in either dual citizenship or wants to know if he is a British citizen by descent. Does anyone have any info that I can pass on to my son.
Thanks

Bnet36

When he was born was his birth registered with the British consular?

cdchrist

No we did not register his birth with consular. I read something about if his father was a British citizen at his birth, which he was, he could register as a citizen by decent, but don't know if it's too late. He would live with his grandmother who is a British citizen and still lives in the UK

zuluswede

Consular registration is not necessary for evidence of British Citizenship. Since he was born after 1983, then if the father's British Citizenship is otherwise than by descent and, mother and father were married at the time of his birth then he will be a British Citizen by descent.

cdchrist

Thank you so much zuluswede!

BritInParis

As zuluswede posted, provided you and his father were married at the time of his birth and his father was born in the UK, then your son would be a British citizen by descent. He would merely have to apply for his British passport.

As he was born in the US however I would recommend he first applies for his British consular birth certificate. This will give him a British-style birth certificate which will also state his claim to British citizenship. This would act as standalone evidence of his British citizenship and although whilst initially expensive it can be easily replaced at any time in the future for a small fee by making an application to the GRO. It can also be used by itself to apply for your son's British passport.

cdchrist

Thanks BritInParis!!! We were not married when he was born, got married 2 years later. What happens then?

BritInParis

Then it gets a bit more complicated. As it stands the father would need to complete a domicile questionnaire to establish which country he was domiciled in at the time of the marriage and whether the laws of that country allow a subsequent marriage of a child's parents to legitimise that child.

cdchrist

[QUOTE=BritInParis;11379612]Then it gets a bit more complicated. As it stands the father would need to complete a domicile questionnaire to establish which country he was domiciled in at the time of the marriage and whether the laws of that country allow a subsequent marriage of a child's parents to legitimise that child.[/QUOTE

BritInParis thanks so much!!! We have been asking this question for years, finally got great info!

JAJ

Would need to? Except that the first post suggests that the father is estranged, or otherwise not in a known location, so it's perhaps unlikely that any "domicile questionnaire" will ever be completed.

And it shouldn't matter. 90%+ of the time, an outbound U.K. migrant retains English/Scottish etc. domicile (because of the mindset of where "home" is does not change), so on this basis alone it would be sufficient to rule on the balance of probability that there is a claim to British citizenship.

However, it is generally inadvisable to go straight to the Passport Office with anything other than the simplest nationality claim. Probably a better idea to use form NS to apply to the Home Office for a certificate of British nationality status.

BritInParis

If that is the case then I doubt HMG would see that as their problem.

A domicile questionnaire will still likely be required to establish this as otherwise HMPO/FCO Services will only have the father's birth certificate and marriage certificate to go on which alone won't be enough to establish domicile.

That is an option although probably only recommendable if the father is estranged from his son. If not then I would continue to apply for a consular birth certificate and wait for them to send out the questionnaire.

zuluswede

That's great info. Many thanks BIP.

JAJ

If the outcome of a domicile questionnaire makes no difference to whether one is a British citizen or not, it is pointless bureaucracy to demand one. Or is it simply that the Passport Service want conclusive proof of British citizenship? (which rarely exists, by the way).



So if the father is around and willing to complete a domicile questionnaire, then take the path of consular birth registration. It would take an unusual set of circumstances for British citizenship not to have been conferred at the point of marriage.

And if not, then apply to the Home Office on form NS. For example, a father's domicile of origin in the U.K. could likely be evidenced by his own parents birth and marriage certificates. And the standing assumption under the law is that a domicile of origin is retained unless and until the contrary is shown, to a high standard of evidence.

BritInParis

The domicile questionnaire will determine whether the subsequent marriage of the parents legitimate the child in which case they are a British citizen. If not then they won't be. If the father was still domiciled in the UK at the time of marriage then this will result in the child being considered legitimate. As far as I know this also applies if he was found to be domiciled in the United States.

When the latest amendments to BNA 1981 come into force then this will cease to be an issue however.

Exactly so. Consular birth registration, and indeed a British passport application, in theory requires a higher burden of proof than a Form NS application which only seeks to ascertain that someone is a British citizen on "the balance of probabilities".

cdchrist

Thanks JAJ, you are correct, whereabouts of father unknown, my son has had no contact with him for 17 years, but my son is close to family in UK. I have father's original British birth certificate. Thanks all for responding, I have great info to go on now.