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British parent, new born child in Canada, applying for British passport :s

British parent, new born child in Canada, applying for British passport :s

Old Mar 5th 2021, 4:32 am
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Default British parent, new born child in Canada, applying for British passport :s

Hi All,

I hope everyone is doing well.

I am hoping that someone may be able to guide me with an issue I am faced with. I am a UK national, born and raised in London. I currently live in Canada as a PR, and my wife, who is Canadian, recently gave birth to our newborn son here. I am attempting to set up my son with a British passport and registering him as a UK national through birth. I have provided the UK passport office with all the relevant documents relating to my wife, my son, and myself, as well as details of my parents' UK passports and naturalisation information. My parents were four years into their work visas in the UK at the time of my birth there (I was born a few months before their fifth year there which I believe would have automatically given them PR status), and received their indefinite leave to remain a year after I was born, with naturalisation being granted a few years thereafter.

The UK passport authority have responded requesting for i) my parents' marriage certificate, which we may not have and may be difficult to get a replacement as they were not married in the UK, and ii) confirmation that my parents received their indefinite leave to remain at or before the time of my birth, which they did not have.

It seems as though my son's right to becoming a UK national is not automatic based on the fact that I was born in the UK and am a UK national, but instead, on the circumstances of my parents at the time of my birth.

Has anyone been through a similar process or able to offer sound advice to better guide me in my response please?

Thank you as in advance and as ever for your support!


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Old Mar 5th 2021, 8:14 am
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Default Re: British parent, new born child in Canada, applying for British passport :s

What year were you born? What nationality were your parents at the time of your birth?
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Old Mar 6th 2021, 8:33 pm
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Default Re: British parent, new born child in Canada, applying for British passport :s

Thank you BritInParis for your response and willingness to help.

I was born in 1983, at which time my parents were non EEC/non EU foreign nationals, in the UK on a work visa, with my father entering the UK in 1978. Their ILR was obtained in 1984.

I have provided the passport authorities with all documents at my disposal, and they responded requesting the following two pieces of information:

- Parent's marriage certificate;
- Confirmation of parents ILR at the point of my birth (which they did not have).

What are your thoughts?

Thanks again for your help, greatly appreciated!
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Old Mar 6th 2021, 9:11 pm
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Default Re: British parent, new born child in Canada, applying for British passport :s

So you were born before you parents had settlement and before they had UK naturalisation?
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Old Mar 6th 2021, 9:23 pm
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Default Re: British parent, new born child in Canada, applying for British passport :s

Hi SanDiegoGirl,

Correct. Born in the UK a year prior to my parents receiving their ILR and pre-naturalisation.

Thank you in advance for your thoughts.
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Old Mar 7th 2021, 12:48 am
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Default Re: British parent, new born child in Canada, applying for British passport :s

Do you have a certificate of registration as a British citizen?
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Old Mar 8th 2021, 7:45 pm
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Default Re: British parent, new born child in Canada, applying for British passport :s

My father has a Certificate of Registration from 1979, which if I am not mistaken is the registration certificate with the local police station which was a requirement at the time.

I was born in the UK in 1983.

The family received the UK ILR in 1984.

We then received our Certificates of Naturalisation (British) in 1989.

Thank you once again BritInParis for your support in this matter.
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Old Mar 8th 2021, 9:18 pm
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Default Re: British parent, new born child in Canada, applying for British passport :s

Do you have your certificate?
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Old Mar 8th 2021, 10:03 pm
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Default Re: British parent, new born child in Canada, applying for British passport :s

I do have my Certificate of Naturalisation from 1989 yes.
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Old Mar 9th 2021, 1:47 am
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Default Re: British parent, new born child in Canada, applying for British passport :s

Originally Posted by Rainmaker View Post
I do have my Certificate of Naturalisation from 1989 yes.
Does it say ‘Certificate of Registration as a British Citizen’ at the top and S.3(1) at the bottom?
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Old Mar 9th 2021, 5:00 am
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Default Re: British parent, new born child in Canada, applying for British passport :s

Originally Posted by BritInParis View Post
Does it say ‘Certificate of Registration as a British Citizen’ at the top and S.3(1) at the bottom?
Sometimes it's like pulling teeth isn't it ......
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Old Mar 9th 2021, 5:09 pm
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Default Re: British parent, new born child in Canada, applying for British passport :s

LOL sorry SanDiegoGirl.... I thought I was answering the questions as they were posed.... please bear with me :s

I do not have a Certificate of Registration, however, I do have a Certificate of Naturalisation issued in 1989, and the top of the Certificate does state "British Nationality Act 1981 - Certificate of Naturalisation as a British Citizen", while at the bottom the section referenced is "Section 1(3)".

The previous "Certificate of Registration" that I mentioned was my father's local police station registration certificate which was required back then.

Is this the answer you were looking for?

Thanks again BritInParis and SanDiegoGirl!
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Old Mar 9th 2021, 5:35 pm
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Default Re: British parent, new born child in Canada, applying for British passport :s

Not to worry. It sounds they issued your certificate of registration on the wrong paper which is why I was confused by your answers. In any case HMPO shouldn’t need that extra documentation they asked for if you provide your certificate.
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Old Mar 9th 2021, 5:42 pm
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Default Re: British parent, new born child in Canada, applying for British passport :s

Interesting. What do you mean by "issued on the wrong paper"?

Do you believe by providing HMPO with my Certificate of Naturalisation that the whole matter will be resolved and they would issue my son his British passport?

Any idea what their thought process was with regard to requesting my parents' marriage certificate and proof of their ILR at the point of my birth (which was not issued at the point of my birth)?

Thanks again!
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Old Mar 10th 2021, 2:23 am
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Default Re: British parent, new born child in Canada, applying for British passport :s

Originally Posted by Rainmaker View Post
Interesting. What do you mean by "issued on the wrong paper"?

Do you believe by providing HMPO with my Certificate of Naturalisation that the whole matter will be resolved and they would issue my son his British passport?

Any idea what their thought process was with regard to requesting my parents' marriage certificate and proof of their ILR at the point of my birth (which was not issued at the point of my birth)?

Thanks again!
Because S.1(3) refers to registration, not naturalisation, and children cannot be naturalised in any case.

It sounds like HMPO thinks you were a citizen by birth, not registration. This isn’t surprising if you didn’t send in your certificate originally, but yes, that should resolve the issue.
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