dollface

Annie, my friend, has apparently e-mailed the contact person who issued her daughters passport, (Washington DC) to have AGAIN had confirmation that there is NO MISTAKE.

What can I tell you, she's had it confirmed several times, from Liverpool to Washington, to the point of having the darn passport issued and not in error!

The only way the OP will know is to contact someone or apply for the passport.

I will now unsubscribe from this thread and wish the OP the best of luck

JAJ

The law looks to be is quite clear that her child is not British.
Unless the people she spoke to explained the law in writing to confirm that her child is British, she ought to ignore the advice. It's worthless, otherwise.

What she ought to do is fill in a form MN1 for the child and send it to the Home Office, regardless. If a case worker (someone trained in nationality law, unlike many of those answering the phone) feels that the child is British, he or she will write a letter of explanation and refund the fee. This then can be kept with records as definitive evidence of citizenship.

Or, fill out a form NS (application for a certificate of British nationality status) and send to the Home Office for a definitive view on whether her child is or is not a British citizen.

Relying on verbal advice, will not help when her child cannot renew passport in future. What I find interesting in all of this is that she's willing to rely on embassy advice when the Home Office own guidelines say that passports have often been issued by mistake. That's why passports are never accepted as stand-alone evidence of citizenship, by the way.

holly_1948

Would it then be possible for a UK citizen to return to Britain with her foreign visiting children and go through British adoption proceedings? In an English court.

It seems unlikely an English court would refuse permission to adopt children with permission of the children's parents and for whom you have been their guardian for many years.

JAJ

This is something you should discuss with an experienced family law solicitor in England & Wales, or elsewhere in the United Kingdom as applicable. Do not assume that adoption would be a formality.

In addition you would need to discuss the requirements for the children to get visas for living in Britain (before they become citizens). Plus, you'd need to have the necessary legal documentation for them to leave their existing country of residence (including consent from natural parents, if applicable).

susie64

Recent update, I filed MN1 for both children, both got denied and they kept the fees. The letter says they were refused because:

Adoption outside of the United Kingdom does not confer British nationality unless the adoption was made as a convention adoption an accordance with article 23 of the Hague Convention.

I called the US Hague Convention office and spoke to somone there and he told me that seeing as the USA is a Hague compliant everything I have done is correct and of couse I could not get hold of anyone at the British Embassy on the number he gave me.

My husband is going for Polish citizenship as his Father came to the USA after the second world war.

Anyone got any other suggestions for me other than dependant visas or Polish citizenship?

Thanks Susie

rebeccajo

You need legal counsel. On both sides of the bond.

You need to speak to a US expert in foreign adoptions. Perhaps the agency through whom you adopted the children can point you to someone.

That same attorney may or may not be able to answer whether or not your children need to file for US citizenship. So you might need a second US expert in US family immigration.

And you need someone over in the UK to help you sort out adoptions over there.

I'm sure you are trying to avoid unnecessary costs. But you only get what you pay for in situations like yours. You aren't going to get good answers on Ye Olde Internet.

susie64

I spent 350 GBP talking to a barrister in London and was told that seeing as both my children have US birth certificates of foreign birth with my maiden name on them and me being a UK citizen from birth I should file the MN1

NiHao

Susie64,

I'm so sorry you have been having such difficulty with this.

I know it wasn't the reason they gave for denying but do you mind me asking whether you ended up getting Certificates of Citizenship for your children (US Citizenship). I'm just wondering if having a CoC for them would have made a difference?

It does seem from all the advise you have been given (both professional and from helpful people here) that you filled out the correct form and that they should have received UK Citizenship

I know it must be very frustrating and quite honestly, whilst I understand the need to verify that the adoption was legal, its really very hurtful the way the process seems so much harder for an adopted child then it would be for a biological child.

I will keep my fingers crossed for you that this is just an error on their part and that it will be quickly corrected. I would be very grateful if you would post updates as to the ultimate outcome.

susie64

Thank you Nihao. I feel like I am being discriminated against just because I did not give birth to them, they are still my children no matter what. I am not going into the UK to claim off the system, I am going back because I want to. How stupid is it that my children can get Polish passports in an instance and go into the UK and yet I can't get British citizenship for them as their Mother who spent 38 years of her life there?

NiHao

Susie64,

I agree! They were legally adopted (both from countries that British Citizens are allowed to adopt from) and as such should be recognized as your children and therefore entitled to British citizenship just as your biological child would be.

It surely has to be an error. Hopefully it can be sorted out and that they will be given British Citizenship. Don't give up!

Keep us posted!

JAJ

It's hard to see from what you have quoted whether the Home Office case worker gave consideration to existing law and policy. However it appears that it may not be the case. You need to contact an immigration solicitor immediately with a view to filing an appeal (there will be a time limit for doing so). Try http://www.lauradevine.com

Calling the Embassy won't help you. Nor will an online forum, at this stage.

NiHao

JAJ

I just wanted to say that as a parent who will be needing to go through the same procedure for my children I really appreciate the links and info you have posted on the subject here and on other "citizenship for IA children" threads on the forum.

Thank you!

susie64

I quoted word for word from the refusal letter, it was short but not sweet, can't even see who sent it. I was tring to keep costs down but I guess using the barrister is the only way forward from now on

NiHao

Susie64,

Have you had any luck getting them to consider an appeal?