UKF - what evidence?

[Jassn1]

Hi,

I was wondering if someone could advise on the below. Son wants to make an application under UKF as the child of an unmarried British national father and Sierra Leonan mother. The father did not acquire his nationality through descent and was British at the time of the son's birth (1993).

The father had an extra-marital relationship with the mother and the son was born and has lived in Sierra Leone all his life. He has a birth certificate and DNA evidence (at HO approved testing centre) as proof of paternity. The father has since passed away in 2017 so obtaining evidence of his nationality is going to be difficult especially because the son was the result of an extra-marital relationship so it is difficult for him to contact the father's family as they have not been helpful in providing information.

He has submitted a SAR but I cannot find any HO guidance under what circumstances a SAR can be requested for a deceased relative especially where the son is not the representative. It is unlikely as well that HO will have any record of the father's nationality as it was acquired over 25 years ago.

Would anyone be able to shed any light on this? Under what circumstance can SAR of the father be requested? Also, what evidence the son can provide if he is unable to obtain proof of deceased father's nationality.

His British nationality exists as matter of law so it seems unfair that he should be deprived of this, if unable to evidence father's nationality via a passport.

Many thanks

[Jassn1]

Anybody able to let me know what evidence will suffice for a UKF British citizen application (British father and non-EU mother) where the father has passed away and is difficult to get proof of his nationality.

Can you do a SAR in these circumstances?

[secret.simon]

Please refrain from opening multiple threads on the same topic.

His British nationality exists as matter of law

In this statement, are you referring to the father or the son? If the son, the statement is incorrect. The son does not become a British citizen until the time that he is registered as one by the Home Office.

He has submitted a SAR but I cannot find any HO guidance under what circumstances a SAR can be requested for a deceased relative especially where the son is not the representative.

A SAR would be irrelevant because the Home Office does not hold a central database of British citizens. British citizenship needs to be proven by alternate documentary proof when asked by the Home Office or other government bodies.

An SAR could be used to find out if the person was issued a British passport. But that of itself is useless. Passports can and have been issued in error and are not definitive proof of British citizenship (they are only prima facie proof).

Also British passports do not prove how the passport-holder acquired British citizenship, which can be quite important if the child is born abroad.

For more information about submitting a SAR in the name of a deceased person, see the guidance on Information about the deceased by the Information Commissioner's Office.

Where and when was the father born? If not born in the UK, how did he (the father) acquire British citizenship?

[Jassn1]

Thanks. Sorry didn't realise about multiple posting as was first post.

Thought the son's British nationality arose as matter of law but realise now he has to register because born outside of the UK.

Father was born in 1941 in Sierra Leone. Is unclear how he acquired his citizenship. It wasn't through descent most probably through a work visa as he was a Doctor.

He acquired his citizenship around 1970 and I'm not sure of the law surrounding work visas at that time. If he can't prove via a passport (which HO are unlikely to have record of). How can he prove the Dad was British at the time. Surely HO are unlikely to have the records of Dad's BC if it was acquired nearly 50 years ago...

[Jassn1]

Is anyone able to get back to me on this?