ben.n.c

Sorry if this is in the wrong section.

Hi,
I am trying to find out if I am a British Citizen. I can't find out if this is possible with my situation and I am hoping someone could help.

These are my details.

-My dad was born in England in 1960 and immigrated to Australia but is still only a British citizen.

- my mum was born in Australia in 1973 and is only an Australian citizen.

-they were never married and just recently separated so won't be getting married

-I was born in Australia in 1992 and only have an Australian citizenship

Thanks for any help offered.

Nabbie

Most likely. :-)

roaringmouse

Normally due to it being the father who could pass British citizenship on, and the parents are/were not married (for children born before 2006), in a case like this you would not be British by descent. However, Australia is listed in the "Legitimation and domicile" document indicating that since 1984 there is no distinction for children born of parents whether married or not. This would mean that this should be recognised and you are British by descent. However it may be worth having some other input on this.

JAJ

The Home Office Nationality Instructions (LEGITMACY) say the opposite. Note that if you apply to the Passport Office and they give you a British passport by mistake, it still doesn't make you a British citizen. You would be a non-citizen with an invalid passport.


Australia
5.1.4 With regard to Australia, s.89(1) of the Commonwealth Marriage Act 1961 seeks to legitimate children born out of marriage where the parents subsequently marry. Where the parents do subsequently marry, the child is legitimated back to the time of birth or the commencement of the 1961 Act, whichever is the later. Various Equality of Status Acts passed by the States do not operate to abolish the concept of legitimacy, nor do they operate to legitimate children in any situation. The effect of the States' Acts is simply to remove most of the legal disabilities of the illegitimacy in regard to State law.

5.1.5 Where the parents of a child born out of marriage:
• marry subsequent to the introduction of the relevant Equality of Status Act, the child is still legitimated by the Commonwealth (Federal) Act and not by State Act
• never marry, the Marriage Act does not apply, and the State Acts do not operate to remove the status of illegitimacy

Perhaps seek some independent legal advice in Australia to see whether the Passport Office or the Home Office are correct. If you can support the Passport Office determination (although the Home Office appear to have better explained themselves), then you might have a chance. However, as far as I am aware you would still need to prove that father had acquired an Australian domicile prior to 1992. The fact that he never took out Australian citizenship does not help such a determination.

Otherwise the options include:

1. Ancestry Visa, to migrate to the U.K. and become naturalised British later on; or
2. If any of the grandparents were born in Ireland or Northern Ireland, register as an Irish citizen.

ben.n.c

Thanks of allthe replies.
By the replies I am guessing that with my case I won't be able to be a British citizen by descent. If I was looking to get legal advice where could I go for that?

I wish I could use a DNA test or something but I have heard they don't do this.

I might end up having to do the ancestry visa, and I'm not abl to ge an Irish citizenship as its my 3rd great grandparents who are Irish.

Thanks again, Ben

JAJ

A competent family law practitioner in your Australian state/territory. What you need advice on, in writing, is whether:

1. the law in Australia federally and/or your state has abolished the legal concept of illegitimacy, or
2. merely the consequences (in Australia) of being illegitimate.

You would have to pay a fee for the lawyer to do the research and issue you with advice in writing.

In the second case, the Home Office is right and you don't appear to have any claim to British citizenship.

In the first case, you may have a chance if you can show the law changed before you were born and (as far as I am aware) your father had acquired an Australian domicile by then. The Home Office guidelines on LEGITIMACY and DOMICILE are at:
http://www.ukba.homeoffice.gov.uk/si.../nisec2gensec/


I doubt that would work DNA. The issue is that before July 2006, an unmarried father is not normally considered a "parent" for the purposes of British nationality law. See the document in the Nationality Instructions.

You could have been registered as a British citizen before you turned 18, obviously it's too late for that now. Do you have any siblings who are aged less than 18?


Ancestry visa may be your most immediate option, unless you have some other claim (for example, to citizenship of an EEA state through your mother).

You will need to show that one of your grandparents was born in the United Kingdom, Channel Islands or Isle of Man. The fact your parents were unmarried does not matter for Ancestry Visa, see section 2.3.3
http://www.ukba.homeoffice.gov.uk/po...g/wrk2/wrk2-3/

Note that under the Ancestry Visa, you're expected to work. After 5 years you can get permanent residence and after a further year, you could apply for naturalisation as a British citizen.

mitchbridges7

Hey Ben,
I think it's better if you seek professional help, I know a good Family lawyer and can help you with citizenship questions. It's a law firm called Queensland Family Law Practice http://www.qflp.com.au/

BritInParis

The easiest way to resolve this would be to make a passport application. The passport office in Wellington will have the most experience regarding legitimacy and Australian law. If there's a possibility that you are entitled to a British passport they will ask your father to complete a domicile questionnaire to help determine your eligibility. Given the cost and time involved for the alternatives, I would suggest it's worth a shot.

DNA testing is irrevelant in this case as it is a legitimacy rather than a parentage issue. Other than convincing your parents to get married for the sake of your British citizenship the ancestry visa route that JAJ mentioned is your best bet.