Passport Dilema

Old Feb 1st 2005, 4:08 am
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Question Passport Dilema

Hi All, Here's my dilema!

I live in Australia with my British girlfriend, we have two children, Sam - born in Uk, now 3 yrs old, and Tristan, 3 weeks old, born in Australia.

We are not married, Sam has a British Passport as do myself and my girlfriend. We ant to get a passport for Tristan. However on approaching the passport enquiries office they have informed us that we cannot have a British passport for Tris because we are not married and Tris will have an Aussie birth certificate. My girlfriend though a British passport holder with british parents was born in Kenya and therefore doesn't hold a British Birth certificate - which is also a contributing factor to Tris not getting a British passport.

Does this sound crazy or what! Tris can't get an Aussie passport because we are both non-residents (and are applying for residency). Though our residency will not go through until Tris has a British passport!! Catch 22, 23, and 24!

Apparently we can apply for 'registration' for Tris with the British authorities which can take 12 months! Then we can apply for a passport! This can't be right - surely - will common sense prevail - unlikely!

Does anyone have any similar experiences or advice??

Best regards,

Adam, Ginny, Sam and Tris!
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Old Feb 1st 2005, 4:29 am
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Default Re: Passport Dilema

that's very interesting. Does this mean that Tristan (lovely name, btw) is a citizen of nowhere. I know that your parent needs to have been born or naturalised in the UK for someone to qualify for a passport. Does this mean that neither you nor your wife were born there? Were you not naturalised either? I am sure Jeremy will be along to help shortly..good luck!
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Old Feb 1st 2005, 4:32 am
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Default Re: Passport Dilema

Originally Posted by Shellfish
that's very interesting. Does this mean that Tristan (lovely name, btw) is a citizen of nowhere.
Now theres a dilemma

Originally Posted by Shellfish
I know that your parent needs to have been born or naturalised in the UK for someone to qualify for a passport. Does this mean that neither you nor your wife were born there? Were you not naturalised either? I am sure Jeremy will be along to help shortly..good luck!
Jeremy is very knowledgable in these areas, though you may find it equally beneficial to see an agent to sort out your whole family for the long-term.
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Old Feb 1st 2005, 11:02 am
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Default Re: Passport Dilema

Originally Posted by ashera

Does this sound crazy or what! Tris can't get an Aussie passport because we are both non-residents (and are applying for residency). Though our residency will not go through until Tris has a British passport!! Catch 22, 23, and 24!
That is not true. Your PR application should be unaffected if it's an onshore application. If it's an offshore application then you need to go offshore for visa grant, and that's going to be difficult until the child has a passport.

Apparently we can apply for 'registration' for Tris with the British authorities which can take 12 months! Then we can apply for a passport! This can't be right - surely - will common sense prevail - unlikely!
Three months is more likely.

It's the only way to get British citizenship for the child. Why? Because you're not married and hence citizenship does not pass automatically. It will however be granted on application.

British citizenship doesn't pass automatically from the mother in this case because she is British by descent. Again - a registration application is needed.

Get on with it immediately. The fact the child is stateless is also a reason for the Home Office to 'fast-track' the application, make this point very clear and don't hesitate to get your MP (in the UK) involved if processing doesn't happen quickly.

The sooner you apply, the sooner your child gets citizenship.

I presume you're aware that if you had come to Australia as permanent residents your child would have acquired Australian citizenship by birth. Incidentally, the child has automatically been granted your existing 457 visa (under s78 of the Migration Act).

Jeremy
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Old Feb 1st 2005, 11:02 am
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Default Re: Passport Dilema

What a great site, two replies already - can't wait to hear from Jeremy.

I am a British citizen born and bred. My girlfriend's parents are both british citizens born and bred ( they just happened to be in Kenya when she was born).

We have lodged our residency application (last April) before we knew Tris was coming along. They are about to start processing it and advised us to get Tris's passport sorted out ready to include him in the application. Hence we have discovered our 'dilema'.

You are right - he is a non-citizen. We can't leave the country. If I get kicked out of Oz for whatever reason (we are currently here on a 457 visa through my work) what would we do with Tris. I can almost picture the excitement on the faces of the British Immigration Officers. I hear they have lovely detention centres these days for illegal immigrants!

Looking forward to seeing your furter comments,

Adam, Ginny, Sam and Tris
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Old Feb 1st 2005, 11:05 am
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Default Re: Passport Dilema

Originally Posted by Shellfish
that's very interesting. Does this mean that Tristan (lovely name, btw) is a citizen of nowhere. I know that your parent needs to have been born or naturalised in the UK for someone to qualify for a passport. Does this mean that neither you nor your wife were born there? Were you not naturalised either? I am sure Jeremy will be along to help shortly..good luck!
He is not automatically passing on British citizenship because he is not married. The mother does not automatically pass on British citizenship because she's British by descent. And as they are not PR, the child does not have Australian citizenship.

Hence the child is stateless. However the UK will grant citizenship once a registration application is made.

If there was no way to get British citizenship, then Australia would register the child as Australian.

Citizenship law is an area that requires the utmost respect. There is a solution in this case (to register the child as British) but it depends on the responsibility of the parents to sort it out.

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Old Feb 1st 2005, 11:10 am
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Default Re: Passport Dilema

That's great, thanks Jeremy, we will be lodging a egistration application immediatley. Our situation is further compounded by the fact we need to get back to the Uk in June for a family wedding but the passport enquiries personnel have told us there is no way that a registration application can be fast tracked.

Do we apply for registration and citizenship for Tris at the same time ???

Adam, Ginny, Sam and Tris
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Old Feb 1st 2005, 11:11 am
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Default Re: Passport Dilema

Originally Posted by ashera
We have lodged our residency application (last April) before we knew Tris was coming along. They are about to start processing it and advised us to get Tris's passport sorted out ready to include him in the application. Hence we have discovered our 'dilema'.
Who's 'they'?

Your child does not need to have a passport to be included in the application. However as I've noted, if you are going to have to go offshore, then it's needs a passport by the time visa is granted.

As noted - point out to the British High Commission and Home Office that the child is stateless and hence the need for urgent processing of the citizenship application. Three months is a typical timeframe for registration but they could do it more quickly if they liked.

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Old Feb 1st 2005, 11:16 am
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Default Re: Passport Dilema

Originally Posted by ashera
That's great, thanks Jeremy, we will be lodging a egistration application immediatley. Our situation is further compounded by the fact we need to get back to the Uk in June for a family wedding but the passport enquiries personnel have told us there is no way that a registration application can be fast tracked.

Do we apply for registration and citizenship for Tris at the same time ???
Registration is to make him a British citizen. You apply to the British High Commission and they forward it to the Home Office in Liverpool. The HO will send back a Certificate of Registration for him - then you apply for a passport as normal (and get his visa stamped in the passport).

Of course it can be done more quickly if the circumstances warrant (as they do) - don't listen to the bureaucrat-speak coming from the front desk of the passport office. Lodge the application, include *all* the documentation they need, make the circumstances very clear and if it's not done in a month then start asking hard questions.

Don't hesitate to write to your former MP in the UK and ask him or her to intervene if they don't process it quickly. Believe me - they can process a citizenship application in a few days if they wish. Three months is an average time for this kind of registration but you should not have to wait that long.

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Old Feb 1st 2005, 11:20 am
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Default Re: Passport Dilema

You have been very helpful Jeremy and we thank you hugely. We will be following your advice and fingers crossed this will quickly become a non-dilemma.

Kindest regards,

Adam, Ginny, Sam and Tris
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Old Feb 1st 2005, 11:20 am
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Default Re: Passport Dilema

This page explains what you need to do:
http://bhc.britaus.net/passports/pas...ult.asp?id=376

You may want to bring your passports personally so that they can take copies in the consulate. As noted - processing times quoted ought to be quicker in your case as long as you ask for fast-tracking.

Jeremy

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Old Feb 1st 2005, 1:19 pm
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Default Re: Passport Dilema

Gosh what an awkward situation... I was also born in Kenya but just assumed it was standard for a British expat to be issued with a birth certificate from the British High Commission. I presume then your girlfriends parents didn't register themselves or her birth with the British High Commission when they were living there?
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Old Feb 2nd 2005, 12:58 am
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Default Re: Passport Dilema

Originally Posted by Sweet Chilli
Gosh what an awkward situation... I was also born in Kenya but just assumed it was standard for a British expat to be issued with a birth certificate from the British High Commission. I presume then your girlfriends parents didn't register themselves or her birth with the British High Commission when they were living there?

A consular birth certificate doesn't stop you being British 'by descent'

If you are going to have any children born outside the UK, make yourself very familiar with this page if you want your children to be British:
http://www.ind.homeoffice.gov.uk/ind...tizenship.html


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Old Feb 2nd 2005, 1:28 am
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Arrow Re: Passport Dilema

Originally Posted by JAJ
There is a solution in this case (to register the child as British) but it depends on the responsibility of the parents to sort it out.

Jeremy

So the best solution is that the parents get married?

I would imagine that the problem would be solved.
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Old Feb 2nd 2005, 1:44 am
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Default Re: Passport Dilema

Originally Posted by Englishmum
So the best solution is that the parents get married?

I would imagine that the problem would be solved.

If the parents get married then *normally* the child acquires British citizenship at that point, although this can sometimes be a complex question.

It is not necessary for the parents to be married for the child to acquire British citizenship by registration, but application must be made before age 18. The Home Office only started accepting applications of this type in early 2000, although children born before then can still be registered if they are under 18 now. Once the child turns 18, options to get British citizenship become more restricted.

When I talk about the responsibility of the parents to sort it out, I generally mean they are responsible for making the application - and not putting it to one side simply because someone who doesn't know the law and policy has told them their child can't be British, or that processing will take a long time (true in neither case). Even if that person is a consulate employee.


Jeremy

Last edited by JAJ; Feb 2nd 2005 at 1:46 am.
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