londoner007

Hi,

I trust your advise / opinions on this board which I have been reading for a while. Mods apologies for any ignorance and lack of knowledge.

My query appears to be complex and I am getting mixed advise from solicitors, some saying it is straightforward and others seem confused themselves.

My issue is with whether to:

Q1. Complete two VAF4A and Appendix 2 forms (Spouse + Child) and apply

or

Q2. Apply for First British Passport for child from UK Visa Application Centre in Sylhet, who deal with Overseas British passport applications. And then do VAF4 forms for Spouse only

As for Q1. In 5 months time I will be able to meet all criteria to satisfy ECO for both spouse and child's entries

As for Q2. This is where it is complex.

I was born in Bangladesh in 1984 to a father who was a "British Subject Citizen of the United Kingdom and Colonies" (Exact words from his passport).
Arrived in UK 1990 with my siblings and mother after father deceased. Mother's passport included our names. We arrived with "Certificate of Entitlement to the Right of Abode" sticker in a Bangladeshi passport.
When I turned 10 got First British passport which said "British Citizen" and it continues to say so now.

Now for the life of me and others cannot work out if I am able to pass on my citizenship.
When I inquired with Liverpool they stated that "you may be a British Citizen by Decent" they were not fully sure.

I understand that it can take at least 8 months to process First Passport if eligible, also it may provide more rights and easier to get into school etc for the child. I do not mind the wait, but would like to know which forms to fill in and what options are available and would the right route to take?

Many thanks

BritInParis

Where were your parents born?

londoner007

Bangladesh

BritInParis

That would suggest that your father became British by naturalisation.

If you were born in Bangladesh then you will be a British citizen by descent unless your father was in Crown, designated or European Community service at the time of your birth.

If you have lived in the UK for at least three consecutive years before your child was born then you have the option to register them as a British citizen by descent with the Home Office. Be aware that this status is fixed and they won't be able to pass on their British citizenship to any of their children born outside the UK.

The alternative would be for you to apply for their settlement visa and have them to come to the UK that way. After three years living together in the UK you can register them with the Home Office except this time they will receive British citizenship otherwise than by descent and therefore will be able to pass it on to their children regardless of where they are born.

londoner007

Many thanks BritInParis.

I have been doing some digging last few days; have got hold of documentation which shows that my father was registered as a british citizen (i.e otherwise than descent which wasn't possible at that time anyway to be BC by descent), then passed on to me BC as descent. Which means that child can apply under 3(2).

Now my question is related to MN1 form. Can MN1 be submitted by me from UK, i.e. can I child's Birth certificate etc posted to me from Bangladesh to UK and then I send it off with my documents to Liverpool? I understand that child can get Biometrics done in Bangladesh and I can just add the Bio reference number in the MN1 form? Home Office sometime say do it from Counselor service in Bangladesh and other time say its possible from UK. The main reason I want to send from UK is that they require original documents and I do not want to risk losing docs such as my father passports etc in mail to Bangladesh.

Thanks

BritInParis

It was perfectly possible to be a British citizen by descent (or CUKC by descent) when your father became a British citizen/CUKC. Which section was your father naturalised/registered under?

You would normally be expected to post the application and the supporting documents to Liverpool. The biometrics however will be done in Bangladesh once the application has been assessed and approved in principle. Can you provide the links to the conflicting information you have found?

londoner007

My Grandfather:
Certificate title - British Nationality Act 1948, Section 6 (1)
5.I am citizen of the following countries - Pakistan
6 (a) (i). I am ordinarily resident of The United Kingdom
The above names applicant has been registered as a Citizen of the United Kingdom and Colonies
Date: 1965

My Father:
Certificate title - British Nationality Act 1948 Confirmation of Registration as a Citizen of The United Kingdom and Colonies
Registered as Citizen of the United Kingdom and colonies under section 6 (1) of British Nationality Act 1948 as amended by section 12 (2) of the Commonwealth Immigrants Act 1962
Date: 1973

Both above certification were under HO 334 which were usually papers for naturalization or registering as BC

HO said I am BC by Descent.



I got contradicting information from Liverpool. However, I called today and they confirmed again it is fine to post MN1 from within UK using NCS if I want.