RandonBrit

Hi all.

I'm trying to apply for UK passport for my newborn son who was born outside of the UK. I'm getting conflicting information from the UK Passport Office (Surprise surprise).

So.

I'm British. Born outside of the UK to a British Mother.

My wife is not British.

My son was born in the USA. He now has a US passport.

This all sounds fine to get a UK passport for my son. However. The passport office are asking to see MY birth certificate. I don't have one and I'm not even sure I was registered in the UK (I need to check this).

So what the hell do I do if I cannot produce a valid birth certificate. I'm from a country where records perhaps do not exist anymore.

Has anyone else got past this?

Novocastrian

You're British by descent so British citizenship doesn't pass to your children born outside the UK. AFAIK.

RandonBrit

AFAIK you can if you have a British Grandparent and you are a British Citizen.

Novocastrian

I'm going to bow out here because I'm no expert (there are lots on here who'll be along presently), but I think you're referring to the Ancestry Visa, not citizenship.

Good luck.

calman014

How do you know you are British? Have you got a British Passport? If so, how did you apply for it? You must have some kind of paperwork to prove your nationality?..

Normally, if you are born to British Parent(s) outside the UK, there are possibilities to be registered as British through a consulate shortly after birth.

If your father was not British, it may complicate matters.

SanDiegogirl

From your brief description you sound as though you are British by descent - born of a British parent but born outside of the UK.

If so, then you cannot automatically pass on your British citizenship to YOUR child who was also born outside of the UK.

You need to provide more details of YOUR birth: where, when, parents nationality, were they married at time of your birth? Have YOU lived in the UK for any length of time.

Also what passport do YOU hold at the moment?

There MAY be a way your child can obtain British citizenship.

RandonBrit

I hold a UK passport. Lived in the UK 30+ years and now live in USA (for the past 3 years). Looking to move back and bring the family. Wife holds EU passport.

My parents were married at time of birth. Father has held British Passport for a loooong time.

BritInParis

From what you're said so far your son is not currently eligible for a British passport as you were both born outside the UK. British citizenship usually only passes automatically to the first generation born overseas. If you lived in the UK for 30 years before your son was born then he should be eligible to be registered as a British citizen with the Home Office under the provisions of S.3(2) British Nationality Act 1981 but you will need to do this before applying for his British passport. If you have already applied for his passport then his application will be refused and your fee won't be refunded.

To be certain, what year were you born and which country were you born in?

RandonBrit

I was born in '78. I wouldn't like to say where I was born. It wasn't a commonwealth country.

From that link - it talks about a 270 day limit? I haven't lived in the UK for 3 years now. I'm a little confused what that means.

BritInParis

If you were born in 1978 and only your mother was British then you wouldn't have been British at birth. If you weren't born in a Commonwealth country then you wouldn't have had Right of Abode in the UK either.

How did you become British? Were you registered as a British citizen by either yourself or your mother?

RandonBrit

It must have been via my parents. I take it there might be some sort of record of that?

Thanks for being patient here.

BritInParis

If your mother registered you as a British citizen as a child then you would have been issued a Certificate of Registration by the Home Office. If you are unaware of how or when this was done I would ask her about it before going any further.

RandonBrit

OK thanks.

I'll see if they have a record from the National Archives.

BritInParis

https://www.gov.uk/get-replacement-c...ip-certificate

Another option would be to apply to HM Passport Office for the release of your passport details under the Data Protection Act. This should tell you how and when you became British.

https://www.gov.uk/government/upload...ss-request.pdf

FlyingDutchman6666

Did your son inherit your wife's EU citizenship?

If so, your son is able to move to the UK before his British Citizenship/passport is sorted out. By applying for that EU passport and using it to travel to the UK.

Of course, it all depends on that country's efficiency. Some passports are quick to get, others not so much.

It might be a good plan to bet on two horses at once, so to speak.