nickykim

New here for forgive me if I don't follow all the correct protocols.

I am looking for some information for my niece (M). She plays professional basketball and would like to know if it is worth applying for a EU passport (british by descent). Here's the history:

M's mother (S) was born in Canada in 1959 to two British citizens (both London born)
S returned with her mother (J) to England before she turned 1 (presumably on J's Brithish passport as an infant)
J and S's father divorced and J remarried D.
D adopted S through the English Court system (documents are available)
S, J and D (and three younger children born in the UK) migrated to NZ when S was 13 (1972?). Presumably all for children were included on the passport (this document is probably available).
S married a NZ citizen L and had the child M while L (a NZ naval officer) was posted in Australia.

M currently has a NZ passport and lives and works in Australia.

It is difficult to decode the information on the UK government website regarding adoptions pre 1983. Is it reasonable to assume that if S was included on the passport used when the family emigrated to NZ that this confirms she is a British citizen or is she only a citizen by descent because she was not borne in England.

I am chasing up all the documents that J (my mother) is holding, so M and I can start to put something together. For my daughter it is much simpler as I still have the British passport I held in my early 20's and I was borne in London.

Any help would be appreciated.

Kim

JAJ

Since 1950, adoption in the United Kingdom has automatically conferred British nationality. See "ADOPTION":
http://www.ukba.homeoffice.gov.uk/si.../nisec2gensec/

HOWEVER, if S was born in Canada and her natural father was UK-born and married to her mother, then she automatically got British nationality by descent at birth. I am not aware of any provision of the Adoption of Children Act 1949 that "converts" a child from British by descent to British otherwise than by descent (section 8 deals with citizenship). But you might want to find a good lawyer (and no, I cannot recommend one) to see how this would be interpreted, you might also need to be prepared to test it in court.
http://www.legislation.gov.uk/ukpga/...ntents/enacted

So based on the facts, it appears that S was a British citizen by descent, and hence her children born in Australia or NZ did not automatically acquire British citizenship.

There is an Ancestry Visa which would allow M to immigrate to the UK and become a British citizen in due course. http://www.ukvisas.gov.uk

Were any of M's grandparents born in Ireland or Northern Ireland? This gives other citizenship options.

M is a Canadian citizen by descent
Following Canada's citizenship law reforms on 17 April 2009, M is automatically a Canadian citizen by descent. Getting a Canadian citizenship card takes 12-18 months so she should apply now, it will make things a lot easier if she wants one later on.

M could be an Australian citizen
If she was born before 20 August 1986, and her father did not have diplomatic status (visiting forces were not necessarily given that) then she is probably also an Australian citizen. If she was born on or after 20 August 1986, then she is Australian if she lived in Australia until age 10.

nickykim

Thanks for your advice. I will pass that on to my niece. The advantage of British citizenship would be that if she hold an EU passport she is not considered to be an "overseas" player. There are restrictions on the number of "overseas" players a club can have. So it would be easier to get a place with an EU passport.

She may also be interested in looking at the Canadian aspect as she went to college (on a basketball scholarship) in the States and Canadian citizenship would make it easier to play in the USA.

As for Australian citizenship - I think the only advantage over NZ citizenship is that she can claim welfare benefits! I don't think she will be wanting to do that for a while.

Regards.

Kim

JAJ

Section 8 of the 1949 Act says:

Citizenship of adopted children
Where an adoption order is made in respect of an infant who is not a citizen of the United Kingdom and Colonies, then, if the adopter or, in the case of a joint adoption, the male adopter, is a citizen of the United Kingdom and Colonies, the infant shall be a citizen of the United Kingdom and Colonies as from the date of the order.

So based on the facts given, since S appears to have acquired CUKC by descent from her natural father, then it appears the adoption order had no effect on her nationality status. Again - find a good immigration lawyer and check this out but it does not appear hopeful at first glance.

On the other hand, if her natural father had been a CUKC by descent himself, or not British at all, she would not have been a CUKC by descent at birth and would have acquired CUKC "otherwise than by descent" at the time of the adoption.

Unfortunately, the time to resolve this was when M was born. If she had been born in 1983 or later, then she could probably have been registered as a British citizen by descent before she reached 12 months old. Did no-one look at this at the time? Does she have any siblings who are still under 18?

A Canadian passport removes the need for a visa stamp (in most cases) but otherwise, most of the USA immigration rules are exactly the same.
http://britishexpats.com/wiki/Canadi...tering_the_USA

In any case, whether she decides to "look at" the Canadian aspect or not, is irrelevant as to whether she is Canadian or not. Unless the parents of S were diplomats, then S is Canadian, and if that's the case, since her mother is a Canadian citizen born in Canada, M became Canadian on 17 April 2009.


http://britishexpats.com/wiki/Pros_a...an_Citizenship

Again - you haven't told us anything about the circumstances, but if she did acquire Australian citizenship either at birth, or at age 10, then she's an Australian whether she likes it or not.

If she's not an Australian then she might have automatic "de-facto" permanent residence based on her NZ citizenship, or she might not. Either way she may have options to apply for either permanent resident status or Australian citizenship and should think hard about abandoning these options.


Out of interest, have you become a New Zealand citizen since you arrived in 1972?