ESC
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Yes Secret Simon
Did you have an entitlement to register before your 18th birthday? That would have required your British citizen by descent father to have resided in the UK for three continuous years before your birth. Were the last three conditions met?
Do you already have a CoE-RoA? There is a difference between renewal and first application and the case you cited may not apply to first applications.
Not that in your case, based on the information in the previous thread and this thread, the Home office has not made an error, let alone a gross error. They have applied the law laid down in statute, that restricts British citizenship from automatic descent beyond the first generation born abroad. British law lays the burden for acquisition of British citizenship for people in your position (children born abroad to a British citizen by descent parent) on the parents, and also imposes a time limit (the 18th birthday). But that is the law, not an error of the Home Office.
I appreciate Secret Simon for your reply.secret.simon wrote: ↑Tue Jan 04, 2022 9:35 pmDid you have an entitlement to register before your 18th birthday? That would have required your British citizen by descent father to have resided in the UK for three continuous years before your birth. Were the last three conditions met?
Do you already have a CoE-RoA? There is a difference between renewal and first application and the case you cited may not apply to first applications.
Not that in your case, based on the information in the previous thread and this thread, the Home office has not made an error, let alone a gross error. They have applied the law laid down in statute, that restricts British citizenship from automatic descent beyond the first generation born abroad. British law lays the burden for acquisition of British citizenship for people in your position (children born abroad to a British citizen by descent parent) on the parents, and also imposes a time limit (the 18th birthday). But that is the law, not an error of the Home Office.
Of course, you could clarify why you think the Home Office has made a mistake. Were you (not your parents or grandparents) ever issued a document in error by a British authority (the Home Office or a British High Commission) that caused you to believe that you were a British citizen or had RoA?
Were you named on the RoA endorsed on your mother's foreign passport?
There were two separate vignette affixed in my mothers passport.secret.simon wrote: ↑Wed Jan 05, 2022 10:02 amWere you named on the RoA endorsed on your mother's foreign passport?
It is quite likely that the RoA was endorsed (quite likely in error) for your mother herself, as she would meet the requirements of the old Section 2(2) of the Immigration Act 1971, as a female Commonwealth citizen married to a British citizen.
Please do post any further developments into this thread. That way, its development over a period of time can be seen.
Do show this thread and your earlier thread to the lawyer and ask them for feedback on the points discussed. After all, even if I am wrong (and I can be, as I am not a lawyer), I and others on these forums would benefit from any corrections.
Deeply flattered. Thank you.
