Could my OH qualify as a British Citizen

Old Jun 11th 2024, 12:56 am
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Default Could my OH qualify as a British Citizen

Hi
My OH was born in NZ in 1964 and i think he may qualify as a British Citizen. It is a little complicated with an adoption but briefly here are his details:
OH born in NZ 1964
His mother born in NZ in 1945 and then adopted out.
His father born in NZ in 1942
His maternal (biological) Grandfather born in UK in 1921.
We are currently in the UK with OH on a spouse visa but with the increased cost for extension...this may be another route.
Any comments most appreciated
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Old Jun 11th 2024, 2:27 am
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Default Re: Could my OH qualify as a British Citizen

Sounds like he has a claim under S.4L BNA 1981. Do you have a copy of his mother’s birth certificate showing her biological parents?
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Old Jun 11th 2024, 2:33 am
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Default Re: Could my OH qualify as a British Citizen

Originally Posted by BritInParis
Sounds like he has a claim under S.4L BNA 1981. Do you have a copy of his mother’s birth certificate showing her biological parents?
Not sure, we would have to look into this, but we believe that the biological parents are listed. So if that's right, he may then have a case and would be a lot cheaper than extending his current spouse visa.
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Old Jun 11th 2024, 3:43 am
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Default Re: Could my OH qualify as a British Citizen

Originally Posted by ShelleyR75
Not sure, we would have to look into this, but we believe that the biological parents are listed. So if that's right, he may then have a case and would be a lot cheaper than extending his current spouse visa.
Proving his citizenship might take quite a while and you don't want his visa to expire at any point .....
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Old Jun 11th 2024, 3:45 am
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Default Re: Could my OH qualify as a British Citizen

Originally Posted by SanDiegogirl
Proving his citizenship might take quite a while and you don't want his visa to expire at any point .....
Thanks for letting me know this. He is still in his first year of his spouse visa 😀
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Old Jun 13th 2024, 9:21 pm
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Default Re: Could my OH qualify as a British Citizen

Originally Posted by ShelleyR75
Not sure, we would have to look into this, but we believe that the biological parents are listed. So if that's right, he may then have a case and would be a lot cheaper than extending his current spouse visa.
That would be key but providing that the case then your husband can apply to register as a British citizen using Form ARD.
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Old Jun 18th 2024, 8:34 pm
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Default Re: Could my OH qualify as a British Citizen

Originally Posted by BritInParis
That would be key but providing that the case then your husband can apply to register as a British citizen using Form ARD.
Good news...we have his mother's pre- adoption birth certificate showing her biological's father's details including being born in the UK.
My partner has a sister that wants to apply too (She has the original paperwork and will be applying from NZ. Does anyone know if we can apply at the same time and mentioning in a cover letter that the originals are being submitted with his sisters application.
Can anyone also confirm that the fees are just the ceremony fee, or is there a fee to submit the form ARD.
Thanks So much for your help.
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Old Jun 19th 2024, 7:54 pm
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Default Re: Could my OH qualify as a British Citizen

Originally Posted by ShelleyR75
Good news...we have his mother's pre- adoption birth certificate showing her biological's father's details including being born in the UK.
My partner has a sister that wants to apply too (She has the original paperwork and will be applying from NZ. Does anyone know if we can apply at the same time and mentioning in a cover letter that the originals are being submitted with his sisters application.
Can anyone also confirm that the fees are just the ceremony fee, or is there a fee to submit the form ARD.
Thanks So much for your help.
Okay, you’ll also need a copy of the grandfather’s birth certificate if you don’t already have it. If he was born in England or Wales then you can order one from the General Register Office. If he was born in 1921 then you should be able to use the index search function to find the correct index reference number.

https://www.gov.uk/order-copy-birth-...ge-certificate

You could include two application forms in the same pack but I wouldn’t put it past the Home Office to make a hash of it so if you want to save time and it’s not too expensive/onerous I would order duplicate copies of the necessary certificates and send in two separate application packs.

There is no fee relating to the application itself; the only ceremony fee which is refundable if your application is unsuccessful for any reason.
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Old Jun 19th 2024, 8:42 pm
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Default Re: Could my OH qualify as a British Citizen

Apologies, disregard the above. This doesn’t apply to those both in Commonwealth countries. I’ll take a look again this evening.
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Old Yesterday, 4:45 pm
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Default Re: Could my OH qualify as a British Citizen

Originally Posted by BritInParis
Apologies, disregard the above. This doesn’t apply to those both in Commonwealth countries. I’ll take a look again this evening.
Thank-you. We'll hold off for a bit
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Old Yesterday, 7:07 pm
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Default Re: Could my OH qualify as a British Citizen

Sorry, but the S.4L registration route your husband would be relying on to register as a citizen would require him to have been born in a ‘foreign’, i.e. non-Commonwealth, country. He is however eligible for a UK Ancestry visa which would’ve been the cheaper/easier option if he is working in the UK.

He can still switch to this now however he would need to return to New Zealand to apply and it would reset any time he has already accumulated towards ILR meaning you would need to calculate whether it would be worth it.
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Old Yesterday, 7:25 pm
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Default Re: Could my OH qualify as a British Citizen

Originally Posted by BritInParis
Sorry, but the S.4L registration route your husband would be relying on to register as a citizen would require him to have been born in a ‘foreign’, i.e. non-Commonwealth, country. He is however eligible for a UK Ancestry visa which would’ve been the cheaper/easier option if he is working in the UK.

He can still switch to this now however he would need to return to New Zealand to apply and it would reset any time he has already accumulated towards ILR meaning you would need to calculate whether it would be worth it.
Thanks for letting us know. Ancestry visa wasn't an option as we have no intention of working, so will have to stick with the spouse visa. At least we had that option 😀
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Old Today, 2:37 am
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Default Re: Could my OH qualify as a British Citizen

Originally Posted by ShelleyR75
Thanks for letting us know. Ancestry visa wasn't an option as we have no intention of working, so will have to stick with the spouse visa. At least we had that option 😀

Several people on this forum applied for Ancestry visa even though applicant was, say, in their 60's, with no intention to do full time, permanent work, and they got the visa.
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Old Today, 5:03 am
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Default Re: Could my OH qualify as a British Citizen

Originally Posted by SanDiegogirl
Several people on this forum applied for Ancestry visa even though applicant was, say, in their 60's, with no intention to do full time, permanent work, and they got the visa.
Be interesting to see how they go when they apply for citizenship after 5 years and need to demonstrate their work history, or attempts to obtain work, over the years.

With three UK citizen grandparents, I could have applied for an ancestry visa instead of a spouse visa. I fully intended to do volunteer work, and in fact did do that while on my spouse visa. But I didn't want to risk applying for a working visa when I wasn't going to be seeking paid employment.
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Old Today, 5:44 am
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Default Re: Could my OH qualify as a British Citizen

Originally Posted by spouse of scouse
Be interesting to see how they go when they apply for citizenship after 5 years and need to demonstrate their work history, or attempts to obtain work, over the years.

With three UK citizen grandparents, I could have applied for an ancestry visa instead of a spouse visa. I fully intended to do volunteer work, and in fact did do that while on my spouse visa. But I didn't want to risk applying for a working visa when I wasn't going to be seeking paid employment.
We were the same. We don't intend to work here in the UK (have been here for 10 months now) and didnt want to risk it so went the spouse route
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