British Citizenship by descent for unregistered adopted person
Aug 12th 2012, 3:09 pm
#1
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Joined: Aug 2012
Posts: 1
British Citizenship by descent for unregistered adopted person
Hi,
This is my first post here, so please excuse me if this isn't the right place for it.
I am seeking advice about the possibility of having British citizenship by descent.
I was born in South Korea in 1984 and adopted in 1986. My father is a British citizen and my mother is Australian. My adoption took place in Australia and that is where I have grown up.
From what I can tell, it is impossible for me to claim citizenship by descent, as my birth wasn't registered with the relevant British authorities here in Australia before I turned 18.
I guess what I'm really asking is - Does anyone know of any way to get around this restriction? It seems awfully unfair and discriminatory to take away this eligibility from a person, just because they are not related by blood to their British parent.
I haven't been able to find anything online from other people in a similar situation to my own. In addition, I can't find any explicit provision that takes away this eligibility from unregistered adopted people. Only when I look at the British passport application, the declaration at the end has you declare that you are "NOT adopted outside the UK", which of course I can't declare about myself.
I would like to even appeal to someone to waive this exception, but I have no idea who would be the relevant people to contact.
Any help or advice would be appreciated.
Thank you
Bibi
This is my first post here, so please excuse me if this isn't the right place for it.
I am seeking advice about the possibility of having British citizenship by descent.
I was born in South Korea in 1984 and adopted in 1986. My father is a British citizen and my mother is Australian. My adoption took place in Australia and that is where I have grown up.
From what I can tell, it is impossible for me to claim citizenship by descent, as my birth wasn't registered with the relevant British authorities here in Australia before I turned 18.
I guess what I'm really asking is - Does anyone know of any way to get around this restriction? It seems awfully unfair and discriminatory to take away this eligibility from a person, just because they are not related by blood to their British parent.
I haven't been able to find anything online from other people in a similar situation to my own. In addition, I can't find any explicit provision that takes away this eligibility from unregistered adopted people. Only when I look at the British passport application, the declaration at the end has you declare that you are "NOT adopted outside the UK", which of course I can't declare about myself.
I would like to even appeal to someone to waive this exception, but I have no idea who would be the relevant people to contact.
Any help or advice would be appreciated.
Thank you
Bibi
Aug 12th 2012, 11:36 pm
#2
Retired
Joined: Apr 2004
Posts: 34,649
Re: British Citizenship by descent for unregistered adopted person
I think you're out of luck regarding citizenship. See the Nationality Instructions:
http://www.ukba.homeoffice.gov.uk/si.../nisec2gensec/
Read the document on ADOPTION, especially section 7 that the only automatic citizenship by adoption comes from a U.K. adoption (only if one parent is British) and in limited cases, certain Hague Convention compliant adoptions. Otherwise acquisition of citizenship has to be through section 3(1) registration. And the time limit for section 3(1) registration is age 18. It's not birth registration, by the way - it's an application for British citizenship by registration with the Home Office.
And you were adopted after 1982, so Right of Abode isn't an option.
Any reason why your adoptive parents never applied for you to be registered as British when you were younger?
You could always check this with an immigration solicitor in the U.K. but the statute seems fairly clear, so you're probably going to be out of luck.
If you do want to live in Britain, the Ancestry Visa may still be open to you. As far as I know, this does cover adoptive relationships, as long as there is a U.K. born grandparent. Take a look at the details. http://www.ukba.homeoffice.gov.uk/
If by some chance your adoptive parent or grandparent was born in Ireland or Northern Ireland, there might be the option of applying for Irish citizenship (laws are slightly different).
Proof of Australian citizenship
Also, by the way - you need to make sure you have an Australian citizenship certificate to prove your Australian citizenship. A passport is not enough (too many of them have been handed out by mistake).
Since 22 November 1984, an Australian adoption by an Australian citizen normally confers Australian citizenship automatically, however you must have been the holder of a permanent visa at the time.
Use form 119 to get yourself a citizenship certificate. The fee is A$60, as far as I know.
http://www.citizenship.gov.au/curren...f_citizenship/
http://www.ukba.homeoffice.gov.uk/si.../nisec2gensec/
Read the document on ADOPTION, especially section 7 that the only automatic citizenship by adoption comes from a U.K. adoption (only if one parent is British) and in limited cases, certain Hague Convention compliant adoptions. Otherwise acquisition of citizenship has to be through section 3(1) registration. And the time limit for section 3(1) registration is age 18. It's not birth registration, by the way - it's an application for British citizenship by registration with the Home Office.
And you were adopted after 1982, so Right of Abode isn't an option.
Any reason why your adoptive parents never applied for you to be registered as British when you were younger?
You could always check this with an immigration solicitor in the U.K. but the statute seems fairly clear, so you're probably going to be out of luck.
If you do want to live in Britain, the Ancestry Visa may still be open to you. As far as I know, this does cover adoptive relationships, as long as there is a U.K. born grandparent. Take a look at the details. http://www.ukba.homeoffice.gov.uk/
If by some chance your adoptive parent or grandparent was born in Ireland or Northern Ireland, there might be the option of applying for Irish citizenship (laws are slightly different).
Proof of Australian citizenship
Also, by the way - you need to make sure you have an Australian citizenship certificate to prove your Australian citizenship. A passport is not enough (too many of them have been handed out by mistake).
Since 22 November 1984, an Australian adoption by an Australian citizen normally confers Australian citizenship automatically, however you must have been the holder of a permanent visa at the time.
Use form 119 to get yourself a citizenship certificate. The fee is A$60, as far as I know.
http://www.citizenship.gov.au/curren...f_citizenship/
