Katjal

HI There,

Please please help me! I am devastated.
I was born in South Africa but adopted by British Parents (Dad was born in Scotland)
They registered me as a british citizen and I was registered under section 3(1)
As per my understanding that would mean my children can apply for passports however the passport office has rejected the application becasue I was not born in the UK.

They will not even disuss this with me and are insisting my kids are not eligible. Our Immigration lawyer also said my kids are eligible and now I am going to have to emigrate to the UK without my kids which is devastating. Is there anything I can do or is it actually true that my kids cannot get passports?

BritInParis

All things being equal you should be a British citizen otherwise than by descent and therefore your children should be British citizens by descent and eligible for British passports. Did you receive a formal notice as to why your children were not eligible?

Katjal

That is exactly what I thought as did my immigration lawyer. However the Passport office insists that because I was not actualy born in the UK i do not qualify. If my Birth parents were born in the UK I could apply....
THis makes absolutely no sense to me. Maybe I should try a different lawyer

BritInParis

Did you receive anything to that effect in writing from HMPO?

Katjal

no, they just told me telephonically and have not given me a letter which I would expect

BritInParis

That seems rather odd. They have not returned the supporting documents yet?

Katjal

no, but they will be here tomorrow

BritInParis

Okay, let us know what comes back.

Katjal

Got the rejection letter this morning

"Under the British Nationality Act 1981, a person registered as a British Citizen under section 3(1) shall be a British citizen by descent if at the time of your BIRTH either parent was a British citizen"

So basically they are using my birth parents instead of my adopted parents.

BritInParis

Section 3(1) covers a multiple of scenarios, some of which will lead to British citizenship by descent, some to British citizenship otherwise than by descent. Registration after adoption should lead to British citizenship otherwise than by descent unless one of your birth parents were British. Are you aware of the nationality of your birth parents?

Katjal

My birth parents were both South African. I was adopted by family so I am 100% sure of these facts

BritInParis

In that case it sounds like HMPO have screwed up. Does the letter give any opportunity to respond?

Katjal

I tried to call today but to no avail. I only just noticed now that on the second page it says " the nationality directorate will advise you on your son's eligibility and the procedure to be adopted"""
Why on earth would I want my son adopted???? They have seriously messed up and it's now splitting up my family. I don't know what to do!

BritInParis

Time to make a complaint I think.

https://www.gov.uk/government/organi...ints-procedure