sarahlwebster

Hi there,

Can anyone point me in the right direction?

I'm English and have been married to my Kiwi husband for just over 2 years now. He was born in NZ and has an NZ passport. His mum is a Kiwi and his Dad was Welsh (they never married). When my husband was 12 his Dad took him over to London to live. When we moved to Australia 2 years ago there was no record of him arriving in the UK on his NZ passport (which we got just before we left) so we think he was on his Dad's UK passport back in the early 90's but we can't ask him or find it as his father passed away over 10 years ago. The guys at Heathrow told him that he'd have trouble getting back into the UK on his NZ passport.

So, we have his Dad's birth certificate copy and he's married to me but obviously we're thinking he's entitled to British citizenship due to his Dad being Welsh? He lived there for 16 years and had a National Insurance number, paid taxes etc. The problem is I don't know where to start to get him a UK passport!! Can he go to the UK on his NZ passport if we have trouble getting him a UK passport?

Can anyone give me some hints or point me in the right direction? I really need to get this sorted out!

Many thanks to anyone who can help! Sarah

Bermudashorts

Not sure what this has to do with Australian immigration? (i.e. the forum you are posting in). Might be worth asking a mod to move to the MBTTUK forum as people in there are more likely to have experience of British visa / passport questions that anyone reading in here.

It sounds like he is possibly citizen by descent but as they were not married maybe depends upon when your husband was born and also perhaps depends on where his parents were born. Might be useful to add that info as possible follow up questions anyway.

Pollyana

I've moved it also updated the title slightly so hopefully someone will be able to help.

sarahlwebster

Thanks Pollyanna for sorting me out! New to forums!

Also thanks to Bermudashorts for your response. His Dad was born in Wales and his mum in NZ. He was born in 1980 in Lower Hutt, NZ.

roaringmouse

It seems to me that your husband is not British by descent, as his parents never married.

However it might be possible for him to apply for registration as a British citizen, and if not that then either an ancestry visa or a spouse visa if you intend on living in the UK.

Someone may be along with more information on registration, if applicable.

sarahlwebster

Thanks roaringmouse!

I found some info on ancestry visa but it seemed to relate to grandparents? Good to know he can get a 2 year spouse visa but would prefer to look into his entitlement through his family.

Siouxie

http://www.ukba.homeoffice.gov.uk/br...britishfather/

British citizen
This page explains how a child born before 1 July 2006 to unmarried parents can be registered as a British citizen if his or her father is a British citizen.

roaringmouse

That link is good only if the child is under 18, so not applicable in this case.

MorganMars

http://www.ukba.homeoffice.gov.uk/si...cy?view=Binary

Bottom of Page L7

• A child born out of wedlock in New Zealand after 1 January 1970
should be regarded as legitimate, and would have a claim to
British citizenship by descent through the father, if both parents were domiciled in New Zealand at the time of the child's birth

JAJ

The problem is to show that the Welsh father had lost his England & Wales domicile. In order to lose domicile, under English law, you have to permanently establish a home elsewhere without intention to return.

The Home Office document "Domicile" explains further.
http://www.ukba.homeoffice.gov.uk/si.../nisec2gensec/

It does happen from time to time that people, especially children, are admitted to a country as tourists and then their status is never changed to that of permanent resident or citizen.

It probably wouldn't hurt to do a Freedom of Information (or Subject Access) request on the Foreign Office passport records. If he really was on his father's UK passport in the 1990s, and this was done by mistake (passports are often issued by mistake, again especially with children), it might be possible to construe this as an application for British citizenship under the special provisions which for under-18s. Such an application could still be processed now.

If there was some evidence that he was granted permanent residence (indefinite leave to remain) then he could possibly still get back to the UK with this resident status.

Otherwise he will have to apply for immigration from scratch - normally a spouse visa is the best option for those married to a British citizen. Or an ancestry visa. Or Irish citizenship, if one of his father's parents happens to have been born in Ireland or Northern Ireland.

MorganMars

Thanks for adding the information on domicile. I knew it would be an issue, but didn't feel that I had enough information to address it.

Best regards,
Mary