Baby Citizenship

boloney wrote: I know what you saying but he told them true, thats IPS make mistake.
what evidence can they ask in 15-20 years, don`t you think that maybe too late?
like my daughter, she was born as British Citizen because I was PR before she was born, in 20 years all documents may dissapear and we may not be able to provide them again, and again.
IPS should check them in first place, and if thats them mistake they should take responsibility for it.
I was thinking about that what they will ask when we apply for renewing her passport, do you think we will have provide the same documents?

JAJ wrote:

boloney wrote: I know what you saying but he told them true, thats IPS make mistake.
what evidence can they ask in 15-20 years, don`t you think that maybe too late?
like my daughter, she was born as British Citizen because I was PR before she was born, in 20 years all documents may dissapear and we may not be able to provide them again, and again.
IPS should check them in first place, and if thats them mistake they should take responsibility for it.
I was thinking about that what they will ask when we apply for renewing her passport, do you think we will have provide the same documents?

As you've already been told there are times when someone can be asked to re-evidence British citizenship. No evidence = no passport. And it will be your problem, not that of IPS.

There is no clause of the British Nationality Act that states that someone given a passport by mistake becomes a British citizen.

In your situation, you need to do all of the following:

- keep copies of all documents proving your PR;
- keep all of your child's British passports, do NOT throw out expired ones

It is also recommended to use form NS to get a separate proof of British citizenship.

JAJ wrote:

iameea wrote: Hi Jambo. Thanks for your clear direction. I'd be grateful if you would advice me for this alternative approach: I've been living in Northern Ireland for more than four years before my baby born. Is possible to apply Irish citizen and passport for him as he was born in Northern Ireland. Thanks a lot

Probably yes - as long as you have accumulated 3 years legal residence in the 4 years before he was born (certain categories, such as student visa, don't count but this should not affect EEA citizens).

You don't need to have PR if you meet this requirement. But you should get the child British citizenship as well - better to have both.

iameea wrote:Thanks for your advice. May I get this idea: Having Irish citizenship will somehow entitle the owner working/living in America. Is it right? and how?

JAJ wrote:Obtaining a British passport to which you are not entitled does not make you a British citizen.

Passports are issued under the Royal Prerogative in the discretion of the Secretary of State. They are the property of the Crown, not of the passport holder and may be withdrawn by the Crown at any time. A British passport does not confer citizenship but is merely evidence of it. The Immigration Appeal Tribunal correctly held in Christodoulidou v. Secretary of State [1985] Immigration AR 179 that the conditions of entitlement to British citizenship are a matter of law. If a passport is issued showing a person to have a status which he does not hold in fact the passport may be withdrawn and cannot be relied on to assert a status to which the person is not entitled.

I do not accept the claimant's contention that section 3 (9) (e) of the 1971 Act reads as providing that the certificate of entitlement confers the status of right of abode. In my view the certificate of entitlement represents confirmation of the right of abode and no more. The claimant's argument that the inclusion in the previous section 82 (2) (c) of the Nationality, Immigration Asylum Act 2002 of an express right of appeal only from the refusal of a certificate of entitlement must be interpreted as meaning that a certificate of entitlement and right of abode are one and the same is placing a detail of construction upon the provision which it does not bear.