british citizenship for child born in Australia

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Old Jan 20th 2010, 4:53 am
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Default british citizenship for child born in Australia

I've read a lot of info re British citizenship for a new baby but would appreciate comments from anyone who has knowledge of,or similar experiences and don't mind sharing. This is the scenario, baby born recently in Australia to unmarried couple, the mother a foreign national and the father born outside of the UK in 1982. As the child's paternal grandmother is a British citizen by birth, the father was registered as "a citizen of the United Kingdom and Colonies" at the time of his birth. Am I correct in thinking that the father is British otherwise than by descent, because he was registered as a citizen at birth? As such, would his child then automatically become British by descent, as it appears to be that British citizenship may descend to one generation born abroad? There is no mention on the father's certificate of registration of him being anything other than a citizen Hope this makes sense. It all seems quite complicated and not even sure what to ask at the consulate! Many thanks for any comments
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Old Jan 20th 2010, 5:05 am
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Default Re: british citizenship for child born in Australia

Before speculating on what the father's status is, it depends on ...

... What is his citizenship document? A Home Office Certificate of Registration as a CUKC or British citizen, a Certificate of Registration issued at a British High Commission as a CUKC, or a consular birth certificate?

And if it's a CUKC registration certificate, what is the date of issue and what exactly does it say.

Has the father ever lived in the UK or a British territory?

Was the British born grandparent born in Northern Ireland?
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Old Jan 20th 2010, 5:18 am
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Default Re: british citizenship for child born in Australia

It may also depend on ... is the child an Australian citizen? (or a citizen of any other country)
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Old Jan 20th 2010, 6:12 am
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Default Re: british citizenship for child born in Australia

Originally Posted by JAJ
Before speculating on what the father's status is, it depends on ...

... What is his citizenship document? A Home Office Certificate of Registration as a CUKC or British citizen, a Certificate of Registration issued at a British High Commission as a CUKC, or a consular birth certificate?

And if it's a CUKC registration certificate, what is the date of issue and what exactly does it say.

Has the father ever lived in the UK or a British territory?

Was the British born grandparent born in Northern Ireland?
Thankyou for taking the time to help answer my questions JAJ. I very much appreciate it.

The certificate states "Certificate of registration as a citizen of the United Kingdom and Colonies" and has an issue number typed on it - prefixed by the letter C in brackets. It says on it "This certificate, which is valid only if it bears the embossed stamp of the issuing authority, confirms that the person named below has been registered as a citizen of the United Kingdom and Colonies. This document does not certify the accuracy of the personal particulars, which are those supplied by the person at the time of application; any unauthorised alteration may render it invalid" It was issued by the British High Commissioner, Harare on 19th November 1982.

The father has lived in the UK for approx. 24 years.

The grandparent was born in Scotland.
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Old Jan 20th 2010, 6:14 am
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Default Re: british citizenship for child born in Australia

Originally Posted by JAJ
It may also depend on ... is the child an Australian citizen? (or a citizen of any other country)
The child is not an Australian citizen, his parents are temporary residents. The mother is a Korean (south) national.

Thanks once again,
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Old Jan 20th 2010, 11:55 am
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Default Re: british citizenship for child born in Australia

Originally Posted by Sorchar
Thankyou for taking the time to help answer my questions JAJ. I very much appreciate it.

The certificate states "Certificate of registration as a citizen of the United Kingdom and Colonies" and has an issue number typed on it - prefixed by the letter C in brackets. It says on it "This certificate, which is valid only if it bears the embossed stamp of the issuing authority, confirms that the person named below has been registered as a citizen of the United Kingdom and Colonies. This document does not certify the accuracy of the personal particulars, which are those supplied by the person at the time of application; any unauthorised alteration may render it invalid" It was issued by the British High Commissioner, Harare on 19th November 1982.

The father has lived in the UK for approx. 24 years.

The grandparent was born in Scotland.
Father is a British citizen by descent.

Sounds like section 3(2) registration is an option,
http://www.ukba.homeoffice.gov.uk/br...en/bornabroad/

Is there any plan to get the child a South Korean passport, which has its pros and cons? (eg military service later on).
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Old Jan 20th 2010, 1:31 pm
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Default Re: british citizenship for child born in Australia

Thankyou very much JAJ, as ever, helpful advice. The parents would prefer the child to have British citizenship as it would possibly make it easier for them to settle as a family in the UK should they have to leave Australia. The mother does not wish the child to be raised in Korea, military service being one of several reasons. At least we now have somewhere to start. I will let you know how they get on, many thanks again.
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Old Jan 21st 2010, 12:52 am
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Default Re: british citizenship for child born in Australia

Section 3(2) registration doesn't take very long (but don't assume anything until it's done). You need to send the application to the British High Commission in Canberra, with fee, they will forward it to the Home Office for decision. Child will get a Certificate of Registration as a British citizen which can be used to obtain a British passport.

Regarding Korean citizenship, if military service is a concern, then it is probably better not to register the child as Korean in any way. The US State Department has some fairly comprehensive advice for US citizens of Korean origin (in the section "DUAL NATIONALITY"), most of which is likely applicable to Britons:
http://travel.state.gov/travel/cis_p.../cis_1018.html

This may of course mean the child doesn't get citizenship rights in South Korea either, but that may not be a concern.

Korea doesn't allow dual citizenship but your wife might be interested to follow up on this should she ever have the opportunity to become British or Australian:
http://www.koreatimes.co.kr/www/news...116_54583.html
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Old Jan 27th 2010, 3:47 am
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Default Re: british citizenship for child born in Australia

JAJ, you have certainly made things a lot clearer. I will pass this on and the parents can start the application process. We all appreciate that you give so much of your time and knowledge, thank you once more.
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