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Hi - quick question regarding British and Australian citizenship

Hi - quick question regarding British and Australian citizenship

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Old Jan 9th 2013, 10:11 am
  #16  
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Default Re: Hi - quick question regarding British and Australian citizenship

Originally Posted by pundy14
Hi and thanks so much for replying so promptly

Yup - no chance I'm getting a passport with my dad, because my parents aren't and were never married. I wish the UK and Commonwealth would recognise a 30 year relationship and their children as anything but "illegitimate" due to not being married - but such is the law.

I think the legitimacy thing kicks in if your parents subsequently marry. Thought about encouraging them to tie the knot belatedly?
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Old Jan 9th 2013, 10:49 am
  #17  
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Default Re: Hi - quick question regarding British and Australian citizenship

Originally Posted by pundy14
Yup - no chance I'm getting a passport with my dad, because my parents aren't and were never married. I wish the UK and Commonwealth would recognise a 30 year relationship and their children as anything but "illegitimate" due to not being married - but such is the law.

My father has an expired british passport and lived in Wales for a couple of years in his early 20's (before I was born). So from his side, I have his birth cert, passport etc etc. But again, because my folks aren't married I don't think that helps me.
As someone else has noted, if they are still together perhaps it would be a good idea for them to get married? In a lot of cases, that then makes you legitimate and British law normally gives citizenship at that point. They should never do so solely for this reason, but perhaps it's the right thing to do anyway? Although it seems you may be able to claim British citizenship through your mother.

I have my mothers Maltest birth certificate along with evidence that my grandfather was serving in the royal Navy at the time of her birth. The problem I feel will be that my mother has never had a passport for any country. She came to Australia on my grandparents papers. All we have is one stamped form with my grandparents travel details and my mothers name saying she was entering the country with them.
I don't think you need to show that your mother had a passport. You need the following evidence:

- her Maltese birth certificate;
- your grandfather's U.K. birth certificate; and
- your grandparent's marriage certificate; and
- details showing that your grandfather was in the British military when your mother was born.

The passport service often struggle with less-than-simple nationality claims so usually a better option is to send form NS to the Home Office That gives you a Home Office certificate showing you're British, which then can be shown to the passport service. As always, be sure to have copies of all paperwork as files have been lost during processing.

In regards to my mothers parents, my mothers mum (my grandmother) was born in Malta. I haven't actually thought of looking into the Maltese citizenship. Could actually be infinately easier! I will look into this more.
The following gives an unofficial overview of Maltese law.
http://www.law.ed.ac.uk/citmodes/files/malta.pdf

Malta had some strict laws against dual citizenship but made a lot of retroactive amendments in 2000. As you were born before 1989 with a Maltese mother, you may be eligible to apply for registration as a Maltese citizen.

I would recommend claiming both British and Maltese citizenship, if eligible. And if by some chance one of your British grandparents was born in Ireland or Northern Ireland, that gives you the right to apply for Irish citizenship.


Any reason your mother hasn't applied for Australian citizenship after so many years?

Last edited by JAJ; Jan 9th 2013 at 11:13 am.
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