British Citizen cannot get passport
 

Hello,

I would be grateful for advice on the following situation:
I am a British citizen through registration under Section 3.1 of BNA 1981, born outside the UK and also hold a Commonwealth country passport.
My situation is a bit complex but to my understanding I am British otherwise than by descent. I requested a nationality check with the Home Office for my child born outside the UK, just to be sure that I could pass on BC to my baby. HO has confirmed that my son is a British Citizen under 2.1(a) of BNA by issuing a Status Letter - HMPO Notification.
I then applied for a passport for my baby and was informed by HMPO that my son is not eligible for British passport. In fact, HMPO withdrew the application.

Could someone please clarify for me how it is possible to be confirmed as BC by official HO letter but not allowed to have a passport? Can a child with the status letter like that reside in the UK at all? I am planning to move to the UK with him and he has a Commonwealth passport as well.

Many thanks in advance.

Re: British Citizen cannot get passport
 

Can you give some background on your family and how you were registered as a British citizen? Did HMPO give you a refusal letter for your child's passport application?

Re: British Citizen cannot get passport
 

Hello BritInParis,
Thank you for your message.
Yes, HMPO stated in their refusal letter that ''from the information available it would appear that (Name of my child) does not have a claim to BC through yourself as advised by the UKVI department".

When I was born, neither of my parents were BC, although my mother was born in London in 1940. She came the live in the Commonwealth country in 1968, married my father, who does not have UK ancestry, in 1971 and I was born in 1976. The country became independent in 1974, at which time my parents lost their CUKC and had to become the citizens of the independent country.
Since my parents were not British at the time of my birth, I should be otherwise than by descent. I requested a confirmation from the HO, which essentially confirmed this by issuing Status letter for my son.

What recourse do I have with the HMPO now? Should I re-apply with more documents? Is appeal possible? If so, how do I do that?
Thank you very much.

Re: British Citizen cannot get passport
 

Which Commonwealth country are we talking about? Grenada? I’m not clear how you were able to be registered under S.3(1) BNA 1981 unless your mother was a CUKC at the time of your birth.

Re: British Citizen cannot get passport
 

Hello BritInParis,
May I send you a private message with further details?
Thank you very much.

Re: British Citizen cannot get passport
 

Re: British Citizen cannot get passport
 

Noted. Thank you for letting me know, Christmasoompa.

Re: British Citizen cannot get passport
 

Hello again BritInParis,
My mother lost her CUKC at independence and her CUKC passport was taken from her, so, presumably, she was not British at the time of my birth. Which gov't department/office should I contact for more clarification on this particular issue?

On a separate note, what is the best option for my child at this time with regard to relocation to the UK? I am a BC, my hubby just recently received his spouse visa (30 day sticker) and we never applied for the baby's visa because he is British according to the Status Letter. However, if he is not BC as the Passport Office says, how can he reside in the UK? Unfortunately, my son is not eligible for registration as I never lived in the UK.
It's a ridiculous situation that both parents have legal status in the UK but the child does not!
Please advise what options we have. I would be grateful.

Re: British Citizen cannot get passport
 

If your mother was born in the UK then, unless she renounced her CUKC by making an application to the Home Office, she would've remained a CUKC. The independence of Grenada(?) would not have affected her as a UK-born citizen. If she did lose her citizenship then you would've had no entitlement to registration as a British citizen under S.3(1) BNA 1981.

As you were born before 1983 your mother would've been unable to automatically pass on her citizenship to you as British citizenship could only be automatically passed down the legitimate paternal line before 1983. This would explain why you were registered under S.3(1) BNA 1981 (i.e. by discretion) at some point after 1983. Unless you can provide information to the contrary I suspect this is what has happened and therefore you are a British citizen by descent and your child is not eligible for British citizenship.

Applying for your husband's visa before you had your child's British passport in hand was ill advised. As it stands you'll need to apply for a child settlement visa for your son. In addition a non-British child would've also have affected the financial requirements for your husband's spouse visa which presumably you didn't declare as you assumed he was a British citizen. In short, it's a bit of a mess.

Your main two options, IMO, are:

1) Travel with your husband and son to the UK in order for him to activate his spouse visa before returning to Grenada(?) to apply for your son's child settlement visa. Your son won't need a visa to visit the UK if he is a Grenadian citizen.

2) Apply for your son's child settlement visa now and allow your husband's 30 day vignette to expire. Once you have your son's visa in hand, your husband can apply for a Transfer of Conditions in order to have a new 30 day vignette so that you can all travel to the UK together.

Re: British Citizen cannot get passport
 

Thank you very much for your advice.
A couple of more questions:
- Can I apply for ILR for my son or it has to be the initial entry clearance, just like my husband? Which application forms and appendices to fill in?
- What is a financial requirement for a child, if using a cash savings route only? We cannot find this info as all guidance notes refer only to partner or partner and children, not children alone.
- Can we all come to the UK as is and then apply for my son's settlement visa from within the UK?

Re: British Citizen cannot get passport
 

- Your son won't be eligible for ILE (Indefinite Leave to Enter) because his father is not yet settled in the UK. You'll need to make a new online application at Visa4UK (Settlement>Settlement>Child) and complete Appendix 2.

- There is no financial requirements to meet for a child settlement visa; only maintenance and accommodation.

- No; your son cannot change his status as a visitor from inside the UK.

Re: British Citizen cannot get passport
 

Thank you so very much again!
Would you be so kind as to let me know what maintenance requirement consists of? Can it be covered with cash savings?
Also, I read somewhere that Appendix 1 is required for children, not Appendix 2.

Re: British Citizen cannot get passport
 

https://www.gov.uk/government/public...odation-maa--2

It’s Appendix 2.