concordancevr

Does anyone have insight into whether there is any possibility of being able to claim being British by descent?

brief background:
-I'm 25 years old -- born in US in 1987.
-American mother
-Mother married British citizen living in the US after I was born
-British citizen (only father I've ever known) was added to my birth certificate in ~1991/1992 as my father.

Thus, this makes him my adoptive father as I understand, even though my biological father's details are not on any documents pertaining to me as far as I know. For purposes of a first British passport application, i could furnish a marriage certificate of my parents, my birth certificate, my father's birth certificate and passport.

However, I don't think the foreign/overseas adoption can be registered in the UK as my dad was living abroad in the US when the adoption took place, though my dad had been born, raised and living in the UK up until ~1989-1990, therefore I don't think he could be considered "habitually resident." I am still somewhat in the preliminary stages of research, so forgive any ignorance. I have grown up visiting England frequently since a very young age and had planned on moving there within the next year, so if it is at all possible to claim citizenship by descent, I would be immensely grateful.

Is there any recourse since my birth certificate was issued more than 3 months following my birth? OR can my overseas/foreign adoption be registered and then used as part of my first British application? Any thoughts/insight would be greatly appreciated

concordancevr

anyone?

Pulaski

Probably, but you've only given us 1hr 41 minutes early on a Saturday morning.

Not everyone, even regular posters, checks the BE forum every day, and in any case the forum tends to be quieter on weekends. It might take several days, or even weeks, to get some of the best answers and opinions on your question.

civilservant

It seems that you qualify based on this:

http://www.ukba.homeoffice.gov.uk/br...adoptedabroad/

concordancevr

thank you, civilservant, but i think that the opportunity to register me as an adopted child abroad has passed as I am now no longer under the age of 18.

i'm really hoping for something!

Pulaski

I don't see being over 18 as a bar, unless I'm missing something. It seems that you have to have been adopted as a child, which you were.

concordancevr

thank you for your response, Pulaski. I would have hoped that that was the case, but it says here:

To be able to register as a British citizen using application form MN1 the child must be under 18 on the day we receive the application. Once the child turns 18 he or she will need to apply for registration or naturalisation as an adult.
(http://www.ukba.homeoffice.gov.uk/br...ritishcitizen/)

Mummy in the foothills

So why can't you apply for registration or naturalization as an adult? You will probably have to go to a swearing in ceremony somewhere. It would still be based on your being adopted as a child by a UKC. You will probably need to produce your adoption papers, last court papers and other stuff as well as the amended Birth certificate.
Or maybe you can get a "right of abode" and move to UK where you can naturalize after a time.

concordancevr

Thanks, Mummy, for your response Well, my dad didn't register my adoption with the British consulate or anything. plus, i think he was (very incorrectly) told by someone at an embassy here that i couldn't have dual citizenship between the UK and US so he didn't do anything. and now I'm over the age of 18, i don't think i can register as an adult if my adoption wasn't registered beforehand and my amended birth certificate was issued over 3 months after my birth. I have all the right documents, i just think my DOB vs when the FBC was changed will make it a futile attempt. Maybe I am missing something?

Mummy in the foothills

You may well just have to get right of abode then and change to citizen after you've lived there a while.
Or maybe someone on www.UK-Yankee.com will have an idea

BritInParis

As I stated in your other thread on this subject, legally your option to register as a British citizen expired on your 18th birthday.

If you want to try and beat the system, wait until just after the passport processing moves from Washington to the UK and then apply. You never know, someone might slip up and issue you with a passport. It still wouldn't be legal however.