A slightly more complicated citizenship by descent case

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Old May 13th 2013, 6:15 pm
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Default A slightly more complicated citizenship by descent case

Hi All,

I'm in the midst of applying for a British passport, but running into some complications I didn't expect... Too many grey areas so I'm hoping to enlist your help as I strongly believe I have a claim through the paternal line. I'll try to state the facts as clearly as possible below. Ancestry visa is a last resort.

The details:

Me:
Year born - 1982
Place of birth - Australia
Parents Married - yes
Lived in - Australia all of my life

Father:
Year Born - 1949
Place of birth - Jakarta/Batavia Indonesia (registered at British consulate)
Parents Married - yes
Citizenship - British
Mother - Dutch born
Father - English born
Siblings - brother born in Cameroon (same parents)
Schooling - all completed in the uk

Grandfather:
Year born - 1922
Place of birth - England
Parents married - yes
Citizenship - British
Mother - British born
Father - British born
Crown Service - served in raf from 1941-46 as FL/T LT, then continued to work/serve British interests as a shipping manager in Jakarta, Cameroons, Sierra Leone and other international postings. While working for govt shipping authority in Cameroon/Nigeria was awarded an MBE (1957) and another award for helping Sierra Leone become a republic (both awarded by her majesty).

The issues:
- My father was born 'abroad'
- We do not have any original paperwork which shows who his father was working for at the time of his birth i.e govt, or British company etc

Things I hope will count as a "body of evidence" in absence of the above:
- We have my grandfathers original service records from WWII (before my father was born)
- two original letters from the queen in regards to awards recieved in the 1950s (after my father was born) while working for govt abroad as a shipping manager (albeit in British protected territories)
- Grandfather's passport from the 50s which lists my father on there as a minor and shows the huge amount of travel my grandfather had to do
- My father did not become an Indonesian citizen at birth
- his birth was registered with the British consulate immediately
- he did all of his schooling in the uk

Do you think i have a case?

Please discuss.
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Old May 13th 2013, 6:23 pm
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Default Re: A slightly more complicated citizenship by descent case

Welcome to BE ... I have no idea of the answer to your question, but thought you might want to ask it in the Citizenship section. You can email one of the moderators to ask for it to be moved. Good luck finding the answer!
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Old May 14th 2013, 12:36 am
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Default Re: A slightly more complicated citizenship by descent case

Read the British Nationality Act 1948 to see if you were a Citizen of the U.K. & Colonies when you were born. It appears probably not, but perhaps there are critical facts that have not been shared. The following shows the Act as originally enacted:
http://www.legislation.gov.uk/ukpga/...9480056_en.pdf

If you believe you have a claim, on what basis and can you evidence it?

Also - were any parents or grandparents born in Ireland or Northern Ireland? About 10% of the time, a British grandparent turns out to give eligibility for Irish citizenship.

There also may be the outside chance of a claim to Dutch citizenship. You'd probably need to consult a Dutch immigration lawyer.
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Old May 14th 2013, 1:23 am
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Default Re: A slightly more complicated citizenship by descent case

Originally Posted by JAJ
Read the British Nationality Act 1948 to see if you were a Citizen of the U.K. & Colonies when you were born. It appears probably not, but perhaps there are critical facts that have not been shared. The following shows the Act as originally enacted:
http://www.legislation.gov.uk/ukpga/...9480056_en.pdf

If you believe you have a claim, on what basis and can you evidence it?

Also - were any parents or grandparents born in Ireland or Northern Ireland? About 10% of the time, a British grandparent turns out to give eligibility for Irish citizenship.

There also may be the outside chance of a claim to Dutch citizenship. You'd probably need to consult a Dutch immigration lawyer.
If my grandfather is irish, does that mean i can apply for irish citzenship as well?
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Old May 14th 2013, 1:32 am
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Default Re: A slightly more complicated citizenship by descent case

Originally Posted by ldollard
If my grandfather is irish, does that mean i can apply for irish citzenship as well?
Yes, normally - if he was born in Ireland or Northern Ireland. And if you can evidence it.
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Old May 14th 2013, 5:57 pm
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Default Re: A slightly more complicated citizenship by descent case

I have no idea why I never thought of this before. I also have Belizean grandmother, might just get that passport as well if i can.

How would I go about showing evidence, am i able to get his birth certification, then i guess my dads to show linage. sorry for hijacking the thread.
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Old May 19th 2013, 7:19 pm
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Default Re: A slightly more complicated citizenship by descent case

Originally Posted by ldollard
I have no idea why I never thought of this before. I also have Belizean grandmother, might just get that passport as well if i can.

How would I go about showing evidence, am i able to get his birth certification, then i guess my dads to show linage.
Birth, marriage certificates, etc.
It is normally straightforward to obtain United Kingdom and Republic of Ireland civil documentation.
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