Pollyana

You are not a British National, you are a British Citizen

https://www.gov.uk/types-of-british-...ional-overseas

brian.w

In regards to the oz passport I'm wondering if wise to apply same time?

And what does this mean:

Alternatively, until 31 March 2016, we may accept your parent's foreign passport with an original visa label showing their status as a permanent resident at the time of your birth. You must have been born no more than five years after the visa was granted. If the visa was granted offshore, your parent must have arrived in Australia before you were born.

I am I reading this right?i was granted my pr visa in 2008 and our son 2016 does this mean I cant or cant use my old passport or means something else?


If you remember we had talked about using my old passport to show proof of pr which was great but I'm thinking this may not work?

I am hoping to get the uk one out nxt week as they need everything by 6 weeks,and cause it says the above by 31st march I'm wondering what this means to me.
As could apply for this next week also.

brian.w

so what does this mean if I said yes to british national on my application online?

I don't know where I asked the question but I had asked

was the applicant a british national at birth and said yes

brian.w

This was the reply from britinparis?

"Was the applicant a British national at birth?" - Yes
"Has the applicant been granted a certificate of registration or naturalisation by the Home Office?" - No
You need to provide the full names for both the child and the parents. This includes any and all middle names.

My understanding is that the Australian Passport Office will ask for an Evidence of Australian Citizenship certificate if neither parent is an Australian citizen before issuing an Australian passport.

brian.w

and reply from old sparkles:

BritinParis is correct - your son is British from birth. If you want to get your advice from another site, that is your choice but all you seem to be doing is confusing yourself.

Focus on one passport first. The advice given previously was to get the British one first as otherwise you have to give details / send Australian one (not sure and I'm not reading back to double check but feel free to do so)

When you get the first one sorted, then focus on the second as you won't be confusing what you need to do.

I had said no to this question to start with and was told yes,now no??
What is the correct answer to this and if its wrong by saying yes then how does one change this as application online is already submitted and paid for and this may open a can of worms.

I know it does not help asking question both on the oz and uk passport applications but this thread was merged.

slackbloke

Already answered this. You do not have a passport that is acceptable. These are the requirements and they are very clear:

Alternatively, until 31 March 2016, we may accept your parent's foreign passport with an original visa label showing their status as a permanent resident at the time of your birth. You must have been born no more than five years after the visa was granted. If the visa was granted offshore, your parent must have arrived in Australia before you were born.

You have stated you don't have a visa label in your passport. Your baby was also born more than 5 years after your visa was granted. You fail all criteria for using your passport. The only option has always been to obtain evidence of citizenship.

And you obviously can't apply for UK and Australian passports at the same time as presumably you only have one original birth certificate.

brian.w

Yes I did say on here that I had a label in my passport but old passport but this pr was granted back in 2008 and I did not come here to oz till 2013.
So yes my label was ok I was told but as its more than 5 yrs ago now then I cant.
So it looks like I can just push on with the uk passport then and by the time that's done I may have the evidence of citizenship back,then saying that maybe I cant get that also at it may need a birth cert? I would need to check.

But my worry is now on a question I asked on the british national.

slackbloke

A label in an old passport is not ok. Even if it was in a current passport it would not be ok because the label is out of date.

Your child is a British National. British Citizenship is one of 6 types of being a British National. Anyone who has British citizenship is a British National.

Pollyana

Forget about British Nationals Overseas. Read the link, it tells you the types of Nationals, I don't know why on earth you are posting stuff about BNOverseas and Hong Kong ID cards. Its not relevant to you.

brian.w

Ok that's why I had asked this:

A British National (overseas) passport. • a colour photocopy of both sides of your Hong Kong permanent identity card

Your claim to British nationality is based on your parents’ Crown or Community Service.
• full details of your parent’s Crown or Community Service, providing supporting documents from their employer that supports those details

Should I just ignore this? as I don't have a clue about the above but yet I said yes in my application online as to a british national.

And when I was applying online it asked the question of british national and you said no when I had said yes to application?
And cause I see this on the guidance link I just wondered what the hell is about.

So I should ignore it as mentoned.

brian.w

that cleared that up then regarding my visa label so I will now need to check that evidence of citizenship form out I suppose it will require a birth cert to get it.
As was hoping I could apply for this while applying for uk passport as takes about month to get the evidence of citizenship and by time that's here uk passport will hopefully be done and I will have or be ready to apply for oz one.

Lol so much for being able to apply for the both.

Again guys you been so much help,finally have sorted this all out for both.

In regards to the 31st march using label in passport thing,and was mentioned further evidence would be needed after that to proof pr I take with having the evidence thing then no need for proof of pr.
Yes I'm sure its been mentioned already but this is all becoming a story book lol.

brian.w

Now that I need evidence of citizenship for him,in what I'm reading right it can be certified copies, if so then maybe I can get this birth cert done before I send this off to uk for uk passport as will save me waiting weeks to get it back to then apply for evidence of citizenship and wait weeks again.

The following documents are required if the applicant is a child under 16 years of age.
A full birth certificate or family register containing parent’s details
Evidence of links between birth name and current name, if applicable
Another document showing a photograph and current name, for example a passport or a student card
One passport-sized photograph and identity declaration signed by an Australian citizen with the appropriate authority

I take I can only supply what I have birth cert as no student card etc etc lol

and this born after 1986:
You became an Australian citizen at birth if at least one of your parents was an Australian citizen or permanent resident of Australia at the time of your birth, or

• Evidence of one parent’s Australian citizenship (if available), for example an Australian passport issued after 1 July 2005, a certificate of Australian citizenship, or an Australian birth certificate, or • Evidence of one parent’s permanent residence in Australia (if available), for example a passport with a visa granting permanent residence or permanent entry stamp Note: Form 1391 Request for confirmation of Australian citizenship status of a deceased person cannot be used to obtain this information.

so what can I prove here regarding my pr for this.

Pollyana

Post 15 of this thread

http://britishexpats.com/forum/immig.../#post11889700

If you were born in Australia on or after 20 August 1986 and one of your parents was an Australian permanent resident, you can provide evidence of your own Australian citizenship with a citizenship certificate issued by the Department of Immigration and Border Protection (DIBP). You will need to apply for this using Form 119 Application for evidence of Australian citizenship (pdf).

Post 42 of this thread

http://britishexpats.com/forum/immig.../#post11890765

For the Australian passport, get his citizenship certificate and then apply for passport.

And post 81 of this thread

http://britishexpats.com/forum/immig.../#post11893539

You do not have a passport that is acceptable. These are the requirements and they are very clear:

Alternatively, until 31 March 2016, we may accept your parent's foreign passport with an original visa label showing their status as a permanent resident at the time of your birth. You must have been born no more than five years after the visa was granted. If the visa was granted offshore, your parent must have arrived in Australia before you were born.

You have stated you don't have a visa label in your passport. Your baby was also born more than 5 years after your visa was granted. You fail all criteria for using your passport. The only option has always been to obtain evidence of citizenship.

brian.w

So whats all the above about dont think it answers my questions?

slackbloke

You need to send certified copies of your passport pages show visa label(s), personal details and Australian immigration entry stamps.