anitagalea

Hi, I've been reading what I can about this topic but still have some questions. I am an Australian passport holder but would like to apply for a British passport to have the freedom to live in Europe for an extended period.
My mother is British born and holds a British passport. Does this entitle me to a passport? I was born in 1972.
I have started the application process online. Do I answer yes to the question "was the applicant a British national at birth"? The application only requests copies of my passport (Australian) and my mothers passport. It doesn't ask for my birth certificate which would link me to my British mother. Should I supply my birth certificate and my mothers birth certificate even though this is not requested? Thanks for your help

Pulaski

Where was your mother born? If it was in the UK then she is British "other than by descent" you are likely already British and can apply for a passport.

If your mother has a British because one (or both) of her parents were British but she was born outside the UK, then she is British "by descent" and cannot pass on citizenship to you, UNLESS one of her parents was in crown service (working for the British government) when she was born, in which case she is British "other than by descent" and you are British and can apply for a passport.

If your mother is British by descent you are eligible for an ancestry visa to go and work in the UK.

anitagalea

Hi Pulaski, thanks for your reply. My mother was born in Sale, Manchester and holds a British passport. I understand then that I am British "other than by descent. I should therefore be able to apply for a passport. I will then answer "yes" to being a British national.
Do you think I should send copies of my birth certificate and my mothers birth certificate even though this is not requested?

SanDiegogirl

If you were born in Australia then YOU are British by descent i.e born overseas of British parent(s)

Mallory

Since you were born before 1983 you have to apply for British citizenship, and then attend a citizenship ceremony. Then you can apply for a passport.

If your father had been British this would not apply.

You will then be British by descent,

BritInParis will be along shortly to verify details.

Pulaski

If they need them you will be asked. Generally, when dealing with immigration, or even generally with the government, I find it always best to answer each question exactly at face value, no more, no less. ..... Give them only, but exactly, what they ask for.

The background to my answer is that the information you are asked to provide is sufficient for the Passport Office in the UK to identify your mother in the government records, so a copy of her birth certificate is unnecessary.
Ugh, OK, ooops!

BritInParis

You cannot apply for a British passport as you are not a British citizen. This is because British citizenship could only be passed down the legitimate male line before 1 January 1983.

However as an Australian citizen you are also a Commonwealth citizen and as your mother is a British citizen otherwise than by descent then you hold Right of Abode in the UK like any other British citizen. However you will need to have this recognised by applying for a Certificate of Entitlement to Right of Abode to be placed in your Australian passport. The cost of this is high - £324 if applied for from Australia rising to £472 on 18 March - and would only be useful if you wished to live in the UK. You could not live in another EEA/EU country as you would not be a EEA/EU citizen.

It is more cost effective and practical therefore to become a British citizen and apply for your British passport. This is possible as the law changed in 2004 to permit those born to British mothers before 1 January 1983 to be registered as British citizens to bring them in line with those born after 1 January 1983 when British citizenship was able to be passed down either the legitimate male line or the female line, legitimate or otherwise.

The application to register as a British citizen is free but you will need to attend a mandatory citizenship ceremony at your local British consulate to swear/pledge your allegiance to the Queen and the United Kingdom for which a £80 ceremony fee is charged. After the ceremony you will be presented with your Certificate of Registration as a British Citizen which you can then use to apply for your British passport.

To register as a British citizen you need to complete Form UKM and send it together with the relevant original supporting documents to the Home Office in Liverpool.

NB: The only downside to registering using Form UKM is that you will become a British citizen by descent. This means any children you have outside the UK will not be entitled to British citizenship. If you were to apply for your Certificate of Entitlement to Right of Abode and reside in the UK for five years (or three years if you were to marry a British citizen) then you could apply for naturalisation as a British citizen. This would give you British citizenship otherwise than by descent allowing you to pass your British citizenship to any of your children born outside the UK automatically at birth.

anitagalea

Thanks so much BritInParis for very helpful information. Looks like registering as a British citizen for £80 and then applying for a passport will be the best option as I would like the freedom of moving around the EU. Thanks again.