Complicated - UK Passport question

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Old Jan 6th 2011, 2:51 pm
  #1  
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Smile Complicated - UK Passport question

HI THERE,

I am an expat who lives in Israel. I adopted two children from Rumania and Brazil. Recently my son applied for a Rumanian passport and then went to live in the U.K using his new E.U passport.

Three questions;

1. My son wants to apply for U.K citizenship. Can he get it?
2. Will my son have to give up his Israeli or Rumanian passports?
3. My daughter was born in Brazil. Cn she apply for U.K citizenship ?

Thanks in advance for your help

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Old Jan 6th 2011, 6:17 pm
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Default Re: Complicated - UK Passport question

I can tell you what happened to us if thats a help.
We adopted Dd in California, and we still live here, she wasn't eligible for British citizen by descent in the way our birth children were so we applied for British citizenship (naturalization) for her and now she has her certificate and British passport.
http://www.ukba.homeoffice.gov.uk/
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Old Jan 7th 2011, 8:08 am
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Smile Re: Complicated - UK Passport question

thanks for your help. i think it would be totally unfair if they gave my son citizenship and not my daughter. however i think the fact the my son was born in Rumania really goes in his favor whereas Brazil is in South America where realtionships between the two governments are not too kosher goes against her.

Bottom line is that we are dealing with beurocrats who really could not give a damn either way.

again thanks
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Old Jan 7th 2011, 4:29 pm
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Default Re: Complicated - UK Passport question

If you have all the adoption records and court papers (which is what we needed) then it should be pretty straight forward.
I think they just want to make sure it was a legal adoption and not some sort of child selling illegal shady dealings kind of thing
This is the form we used MN3
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Old Jan 7th 2011, 7:50 pm
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Smile Re: Complicated - UK Passport question

hi there and thanks for your reply.

The adoption in Rumania was legal, but adoption in Brazil was always through third parties which probably means it was illegal. That is the way it works in Brazil and sadly it is a way of life over there.The brits probably know it in the same way they know about it over here and just accept it, and i am doubtful if my daughter will get U.K citizenship. i could argue that if my wife and son were granted it then surely they cannot refuse my daughter, but there again who knows what goes on in the foreign office.

again thanks

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Old Jan 7th 2011, 9:17 pm
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Default Re: Complicated - UK Passport question

Why blame the foreign office?
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Old Jan 8th 2011, 9:14 am
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Smile Re: Complicated - UK Passport question

Hi there

Maybe i am wrong here, but the foreign office are the ones who decide who gets citizinship. if not them, then other beurocrats.
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Old Jan 8th 2011, 9:19 am
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Default Re: Complicated - UK Passport question

Originally Posted by ronnie27
hi there and thanks for your reply.

The adoption in Rumania was legal, but adoption in Brazil was always through third parties which probably means it was illegal. That is the way it works in Brazil and sadly it is a way of life over there.The brits probably know it in the same way they know about it over here and just accept it, and i am doubtful if my daughter will get U.K citizenship. i could argue that if my wife and son were granted it then surely they cannot refuse my daughter, but there again who knows what goes on in the foreign office.
Stop blaming the Foreign Office or whomever for your issues with the law. They don't make British nationality law - Parliament does.

There are two kinds of adoptions, one that is compliant with the 1993 Hague Convention on overseas adoptions, and all other adoptions. A Hague Convention compliant adoption on or after 1 June 2003 will confer British citizenship if both adoptive (British citizen) parents were resident in the United Kingdom.

Other than that,

As a general rule, overseas adoptions do NOT confer automatic British citizenship (adoptions in the UK do). If an application for registration of a child as a British citizen is made before age 18 then it will usually be granted provided the adoption is a formal one that is recognised in the UK outside the auspices of the Hague Convention.
http://www.ukba.homeoffice.gov.uk/br...adoptedabroad/

Brazil is not a recognised country for this purpose (neither is Romania, incidentally):
http://www.dcsf.gov.uk/intercountrya...faq.shtml#dlq2

What that means is that if you adopt a child from a non-recognised country then the child must be re-adopted in the UK or in a country that is recognised, in order for it to be acceptable for British nationality purposes (and if not a UK adoption, British citizenship must still be obtained through the registration process, usually).


So all this works out as follows:

1. Assuming the son is aged 18 or over, he can't get British citizenship by adoption. However, after 5 years in the UK he should be able to get Permanent Resident status and after 1 more year, become a naturalised British citizen.

2. It looks like the daughter will have to be re-adopted in order to get British citizenship that way, and if adopted in Israel, registered as a British citizen before age 18. Also, the British adoptive parent must normally have been born in the UK.
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Old Jan 8th 2011, 10:08 am
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Smile Re: Complicated - UK Passport question

Many many thanks for your help. really fantastic !

To clear matters up further.
facts:
We live in israel. i was born in Britain.

My wife was born in israel.

My wife was granted citizenship about 20 years ago on the fact that i am a brit.

My daughter was adoped from Brazil at age five days and immediately recieved Israeli citizenship.

My son was adopted from Rumania at age three.

They are both now in their early twenties.

My son was granted a Rumanian passport five months ago and now lives in England. Today after three months there, he has a national insurance number on the strength of his E.U,. passport. He now wants to apply fror British citizenship.

I hope this clears things up and again thanks for all your help

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Old Jan 8th 2011, 9:28 pm
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Default Re: Complicated - UK Passport question

Originally Posted by ronnie27
Hi there

Maybe i am wrong here, but the foreign office are the ones who decide who gets citizinship. if not them, then other beurocrats.
No - Home Office - IND.
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Old Jan 8th 2011, 9:31 pm
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Default Re: Complicated - UK Passport question

I really hope you all get to live in the UK and benefit the same as equal citizens!!

All the best from all of us.
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