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Child of UK Citizen 'by descent'

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Old Jul 15th 2013, 9:23 pm
  #16  
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Default Re: Child of UK Citizen 'by descent'

Originally Posted by englishguygoinghome
Looking at this page:
http://www.ukba.homeoffice.gov.uk/br...en/bornabroad/
it would seem that the child has a right to be registered as a citizen. Why not try filling in Form MN1 and explaining the fact that the Phillipinnes refuse to provide citienship as you are not married to the father, therefore the child is stateless.

Your other option if you want to go back to the UK could be to get a stateless person's travel document for th child, apply for a visa based on that and then register as a citizen after 3 years residence which would give the child citizenship otherwise than by descent. Not sure whether that would be possible though.
Thanks, I have been researching and there is conflicting information, I was going to apply using Form MN1 (as you suggest) within the Section 3(2) category on the basis that the MN1 guide states (on page 11) that 'The 3 year residence requirement for the parent does not need to be met if the child is stateless'. however in Section 1.9 at the bottom of page 18, it states that if the application is being based on the child being 'stateless' then forms S2 or S3 should be used. However, the requirements in these forms are proof of 3 years and 5 years residency in the UK, so it doesn't make sense (or I am missing something).
P

Last edited by chubby88; Jul 15th 2013 at 10:08 pm.
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Old Jul 15th 2013, 9:27 pm
  #17  
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Default Re: Child of UK Citizen 'by descent'

Originally Posted by pennylessinindia
why not take the appointment, as this will go quickly. In the mean time get your daughter to email them and give full details of her situation and ask if they can look into the matter urgently, if she thinks it does need looking at sooner! She could address it to the head of mission explaining how concerned she is?
If for some reason your daughter is incapable of doing this you could to tell them so
Was the baby really born in 2012 or 2013? has she registered the baby. It is not clear from the dates given but is she now in the Philippines illegally?
Thanks for your response but I have since found out that all applications for Citizenship go directly to the Liverpool office in the UK and hence the British Embassy in Manila (or anywhere else) cannot process British Citizen applications so there is no point in going to see them.
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Old Jul 16th 2013, 12:29 am
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Default Re: Child of UK Citizen 'by descent'

Originally Posted by chubby88
Thanks, I have been researching and there is conflicting information, I was going to apply using Form MN1 (as you suggest) within the Section 3(2) category on the basis that the MN1 guide states (on page 11) that 'The 3 year residence requirement for the parent does not need to be met if the child is stateless'. however in Section 1.9 at the bottom of page 18, it states that if the application is being based on the child being 'stateless' then forms S2 or S3 should be used. However, the requirements in these forms are proof of 3 years and 5 years residency in the UK, so it doesn't make sense (or I am missing something).
P
Your application is being made based upon the parent's nationality, the statelessness of the Child is the basis for the exemption from the residence criteria ONLY.

There is a possibility for someone resident in the UK to register as British based upon the fact that they are stateless (i.e. irrelevant of their Parent's nationality). In that case the primary basis for permission to register is the statelessness of hte person and a different form is used.

Or at least, that's how I understand it
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Old Jul 16th 2013, 5:58 am
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Default Re: Child of UK Citizen 'by descent'

Originally Posted by chubby88
Thanks for your response but I have since found out that all applications for Citizenship go directly to the Liverpool office in the UK and hence the British Embassy in Manila (or anywhere else) cannot process British Citizen applications so there is no point in going to see them.
yes they do but they would be able to offer assistance
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Old Jul 16th 2013, 6:55 am
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Default Re: Child of UK Citizen 'by descent'

Originally Posted by englishguygoinghome
Your application is being made based upon the parent's nationality, the statelessness of the Child is the basis for the exemption from the residence criteria ONLY.

There is a possibility for someone resident in the UK to register as British based upon the fact that they are stateless (i.e. irrelevant of their Parent's nationality). In that case the primary basis for permission to register is the statelessness of hte person and a different form is used.

Or at least, that's how I understand it
OK that makes sense. I will send an email to UKBA just to confirm. Thanks once again for your kind help.
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Old Jul 17th 2013, 12:17 pm
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Default Re: Child of UK Citizen 'by descent'

Originally Posted by pennylessinindia
yes they do but they would be able to offer assistance
Thanks but I contacted the British Embassy because there was no suitable appointment category and the response by email was that 'The British Embassy Manila is not able to provide any assistance regarding Citizenship or Nationality issues' and simply provided an URL to the UKBA website. So put simply they can't be ars*d to provide any help...
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Old Jul 20th 2013, 12:48 pm
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Default Re: Child of UK Citizen 'by descent'

Originally Posted by chubby88
Thanks but I contacted the British Embassy because there was no suitable appointment category and the response by email was that 'The British Embassy Manila is not able to provide any assistance regarding Citizenship or Nationality issues' and simply provided an URL to the UKBA website. So put simply they can't be ars*d to provide any help...
With the transfer of overseas passport issuing from the FCO to the IPS (now HMPO) the determination of British citizenship is now solely a Home Office matter. A consular officer would be able to register the child's birth providing it automatically had British citizenship by descent, but as registration is required, there's not much they can do in this situation.

What is the citizenship status of your daughter's mother?

Last edited by BritInParis; Jul 20th 2013 at 12:49 pm. Reason: Additional
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Old Jul 21st 2013, 12:09 pm
  #23  
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Default Re: Child of UK Citizen 'by descent'

Originally Posted by BritInParis
With the transfer of overseas passport issuing from the FCO to the IPS (now HMPO) the determination of British citizenship is now solely a Home Office matter. A consular officer would be able to register the child's birth providing it automatically had British citizenship by descent, but as registration is required, there's not much they can do in this situation.

What is the citizenship status of your daughter's mother?
Thanks, Yes this was my understanding too. My daughter's mother (my wife) is a Filipino.
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Old Jul 21st 2013, 4:14 pm
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Default Re: Child of UK Citizen 'by descent'

Originally Posted by chubby88
Thanks, Yes this was my understanding too. My daughter's mother (my wife) is a Filipino.
This has me confused, but then I am no expert on how citizenship is passed on in the Philippines. If your daughter's mother is Filipino, and the Philippines follows the bloodlines, then why can't your daughter have Filipino citizenship? Do both parents have to be Filipino to pass on Philippine citizenship?
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Old Jul 22nd 2013, 10:16 am
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Default Re: Child of UK Citizen 'by descent'

Originally Posted by chubby88
Thanks, Yes this was my understanding too. My daughter's mother (my wife) is a Filipino.
Then it sounds highly unlikely that your grandchild is stateless given that she was born in the Philippines to a Filipino mother. I would suggest your application for registration would be rejected on the grounds that she would be a citizen of the Philippines.
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Old Jul 23rd 2013, 1:51 pm
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Default Re: Child of UK Citizen 'by descent'

Originally Posted by BritInParis
Then it sounds highly unlikely that your grandchild is stateless given that she was born in the Philippines to a Filipino mother. I would suggest your application for registration would be rejected on the grounds that she would be a citizen of the Philippines.
You misunderstood the thread. My grandaughter was born in the Philippines to a British 'by Descent' Mother (my daughter) and has no Filipino citizenship, she is in the Philippines as a tourist and my grandaughter's father is not recorded on the icertificate of live birth' hence rendering my grand- daughter 'stateless'
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Old Jul 23rd 2013, 7:34 pm
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Default Re: Child of UK Citizen 'by descent'

Originally Posted by chubby88
You misunderstood the thread. My grandaughter was born in the Philippines to a British 'by Descent' Mother (my daughter) and has no Filipino citizenship, she is in the Philippines as a tourist and my grandaughter's father is not recorded on the icertificate of live birth' hence rendering my grand- daughter 'stateless'
Why didn't your daughter gain Filipino citizenship through her mother?

Last edited by BritInParis; Jul 23rd 2013 at 7:35 pm. Reason: Typo
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Old Jul 24th 2013, 12:20 pm
  #28  
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Default Re: Child of UK Citizen 'by descent'

Originally Posted by BritInParis
Why didn't your daughter gain Filipino citizenship through her mother?
She was born in Hong Kong and got a British passport at birth and we didn't bother with dual citizenship
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Old Jul 24th 2013, 6:51 pm
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Default Re: Child of UK Citizen 'by descent'

Originally Posted by chubby88
She was born in Hong Kong and got a British passport at birth and we didn't bother with dual citizenship
With or without a passport your daughter is still a Filipino citizen however and therefore so is your grandson.
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Old Jul 24th 2013, 10:08 pm
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Default Re: Child of UK Citizen 'by descent'

Originally Posted by chubby88
She was born in Hong Kong and got a British passport at birth and we didn't bother with dual citizenship
If this is the case then I think your grand daughter may not be considered stateless. On what basis is your daughter residing in the philipines

Last edited by pennylessinindia; Jul 24th 2013 at 10:13 pm.
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