porridgemaker

Hi everyone, longtime lurker here...

I was born in Bermuda in 1982 of British parents and hold a British passport. I have three children, two born in Australia, one in New Zealand. Their father would have no claim to British citizenship.

Reading the British Nationality Act of 1981, I think Makes me a citizen otherwise than by descent, therefore I can transmit my citizenship to my peeps who would be citizens by descent.

Can anyone poke any holes in this before I apply for their passports? Have I overlooked anything

Also do I need to first register my kiddies as British before I can apply for passports?

Thanking everyone in advance

Pistolpete2

I'm only saying the below based upon my understanding and it is not authoritative advice:

It is my understanding that Bermuda was regarded as overseas for nationality purposes until May 2002 so you, as are our sons, born in Bermuda in March 1984 and May 1997, are regarded as British by descent.

We were told this at the time we applied for and obtained their UK passports.

It is my understanding that the 1981 Act only altered the way your parents, i.e. the Father and Mother individually, could pass citizenship on to you by descent but not whether it was by descent or not.

IF you had been Bermudian then I think that things would have been different but to gain Bermudian status you would have needed to acquire it under amnesty rules at the age of eighteen having been living in Bermuda for the duration.

HOWEVER, see this:

http://www.ukba.homeoffice.gov.uk/br...en/bornabroad/

"the parent who is British by descent lived in the United Kingdom at any time before the child's birth for a continuous period of three years*; and

during the period they were living in the United Kingdom the parent was not absent for more than 270 days; and

the application is made before the child's 18th birthday."

porridgemaker

Very interesting, thank you for replying.
Quite worrying for me too.

This is what is written in Chapter 20 Brit Nationality Act 1981

As general principal, people are British citizens otherwise than be decsent if they are British Citizens

By birth adoption, registration or naturalisation in the United Kingdom or a Qualifying Territory ( Annex F to chapter 6) on or after 2002; or because immediately before 21 May 2002 they were British Overseas Territories Citizens by birth, registration or naturalisation in a qualifying territory.

Annex F states a qualifying territory means a British Overseas Territory, mentioned in schdule 6 of brit nationality act 1981 which includes Bermuda.

I assumed the underlined section would apply to me. Maybe too simplistic?
Tis very complicated. I have lived in Uk for 3 years, as a small child, not sure how I'd be able to prove it though. When I returned to Britain as a baby my mother tried to get me a British birth certificate and was told -no need as I am British, I hoped this was as a British Overseas Territories Citizen not a citizen by descent.
I have no idea.

porridgemaker

Apologies for boring anyone to death here...

I'm assuming I would have been a British Overseas Territories citizen before 21 May 2002 by birth in Bermuda.


When I was born in 1982 I think I would have been a British Dependent Territories Citizen (BDTC) then.

On 26 Feb 2002 British Dependent Territories Citizenship was re-named British Overseas Territories Citizenship. Both have identical meaning.


I have come across this on wiki pedia and an encyclopedic site
as an example, I dont know where it's taken from

A person born in Bermuda before 1983 with a parent born in UK would have aquired both nationalities ( British citizenship [?descent?] and British Overseas Dependent Terretories Citizenship).

I'm pretty sure now to get BOTC you would have needed to live in Bermuda as a child for 10years, I dont know about back in 1982 though. I'm hoping it was just birth there with Brit parents. I lived in Bermuda for 6 (rather complicating.......) months

JAJ

You were born before 1983 in Bermuda so you were a Citizen of the U.K. & Colonies by birth.

On 1.1.1983 you became a British citizen by descent, and a British Overseas Territories citizen (BOTC) otherwise than by descent. Acquisition of Bermuda-BOTC was automatic and not dependent on whether you had (or have) "belonger status" under Bermuda's immigration laws.

Then, on 21.05.2002 all BOTC persons (except those connected solely with the Sovereign Base Areas of Cyprus) were granted British citizenship. You already had British citizenship, however as far as I am aware the interpretation of the 2002 Act is that since you were Bermuda-BOTC by birth, you may have become a British citizen otherwise than by descent on that date.

See Section 3 of the British Overseas Territories Act 2002:
http://www.legislation.gov.uk/ukpga/2002/8/section/3

Due to the complexity of the law, you would be advised to seek confirmation from the Home Office (using form NS) that your children are British, and not rely solely on a British passport application. Passports can be issued by mistake so are not always acceptable as stand-alone evidence of citizenship.

Have your children got Australian and/or New Zealand citizenship?

porridgemaker

Thank you very much for this advice, I will go through the Home Office.

I am in the process of ensuring my children have each Australian and New Zealand citizenships and passports, currently two have aussie passports only and one has NZ passport only.

JAJ

Form and guide NS:
http://www.ukba.homeoffice.gov.uk/si...ty/form_ns.pdf
http://www.ukba.homeoffice.gov.uk/si...y/guide_ns.pdf

You should fill in the form as accurately as possible. State either on the form that you believe that you were switched from British by descent to British otherwise than by descent under section 3 of the British Overseas Territories Act 2002. Include a copy of the relevant section of the Act, don't assume they know it.

You should get official duplicates of birth certificates etc. as they may not return any documents. Do not send passports. They are not needed for the application and if you must send details, send copies of the ID page. Always send the application by a secure method.

Fee for form NS is GBP94 from April 6 (2013):
http://www.ukba.homeoffice.gov.uk/si.../fees-2013.pdf


In case form NS is rejected.
Your children are also British overseas territories citizens by descent. If the Home Office decide that they are not British citizens already, they can be registered as British citizens under section 4A of the British Nationality Act.
http://www.ukba.homeoffice.gov.uk/br...itishnational/


Are they all entitled to both? It normally depends on you and your husband having Australian and/or New Zealand citizenship or permanent residence.

porridgemaker

Hi yes they are as one parent is an australian citizen (me) and the other one is a new zealand and an australian citizen < nz born>.
Just a matter of registering first for those born in the other country then getting passports, i believe.
I would like to live in England that is why I need Brit passports for the children. Dad works abroad -PNG and would continue to do so.
Thank you very much for helping me.

JAJ

Depends on how you and the other parent got your Australian and NZ citizenship. By birth, naturalisation or descent?

If the father is temporarily in PNG, would you still sponsor for a U.K. spouse visa? Or are you saying you're not together any longer?

porridgemaker

Dad and I are very much together, he spends most of his time in PNG so would come to the UK for his stints home as a tourist on his NZ or Australian passport at this stage we are thinking.
I home educate so my income is zilch, for spouse sponsoring!
He's away in PNG ~3 weeks and home for~ 1 week. Likely make it 6/2 if we are in UK. Or he may transfer to somewhere in northern hemisphere, he is in the mining industry.

Both parents naturalised aussies, not expecting any difficulty with the citizenship of the NZ born baby, have been told to register her then apply for passport.

JAJ

So what would be the plan if you are unable long term to sponsor for a spouse visa for him to settle in the United Kingdom? Would you return to Australia or New Zealand? Also, it's not clear how it works if you're still together but you should have some kind of documentation that he is happy for the children to move from New Zealand to the U.K.

Children born in Australia
- need Australian citizenship certificates (passports not enough to prove Australian citizenship long term)
- Use form 119 to get these from the Australian Department of Immigration.
- If their father is NZ born, then they are NZ by descent.
- They should have NZ citizenship certificates, however they can travel freely into and out of NZ on Australian passports, if you don't want them to have both.

Child born in NZ
- needs to be registered as an Australian citizen by descent
- Form 118 from http://www.citizenship.gov.au
- As far as I am aware, documentation of NZ citizenship status is done as part of the birth registration process. So it should be shown on child's birth certificate that he or she is a New Zealand citizen. Unless child was born prior to 2006 when it was automatic (children of diplomats excepted).
- Same applies regarding passports. If you don't want to get child born passports, then child should normally have an Australian one.