Immigrationboards.com

Hi,

Just wondering:

1. If I am eligible for a British Citizenship/Passport
2. What is the correct process in obtaining this (documentation, forms, declarations)

The facts:

- I was born in New Zealand and I am a NZ Citizen (1986)
- My father was born in the UK
- My parents never married
- My father lives in NZ and has done since he was 5
- I currently reside in Australia


I have looked at the legislation but I'm at a loss to see how i would apply for this and which category i would fall under. What information would i need to supply?

There is a few post relating to this but none seem to have the process for this mapped out.

http://www.immigrationboards.com/viewto ... le+zealand

http://www.immigrationboards.com/viewto ... le+zealand

Thanks

Reuben

You are initially unlucky but then ultimately lucky, and I explain why below.

Before 2006, s. 50(9) BNA 1981 stated that only legitimate fathers would be recognised for the purposes of the Act. Amendments to this came into force in 1981 to provide for recognition of illegitimate fathers, but these changes were not retrospective and so did not help those in your situations. The Home Office would normally look favourably on an application for registration at discretion under s. 3(1) in such circumstances, but such an application is only allowed whilst someone is a minor.

The good news is as follows: Whether someone is born legitimately is decided by the law of the country where the parents are domiciled. New Zealand abolished the very concept of illegitimacy in 1970, according to Home Office guidance. As you were born in 1986, you would not be regarded as illegitimate for the purposes of New Zealand law and British nationality law if you can show that both your parents were domiciled in New Zealand. Given that you said that your father lived in New Zealand from five onwards, you can probably show that both your parents were domiciled in New Zealand when you were born and that you were not regarded as illegitimate under their law.

I strongly suggest that you read the linked Home Office guidance.

Thanks Jules!

I have read the Domicile and Legitimacy legislation and am all up to date now thank you.

What is my next step? I seem to go round in circles on the UKBA site..

I'd like to have a clearly defined process and at the minute I'm still unsure as to what form to use!

Thanks!

If you were legitimate at birth under the country of your parents' domicile and your father was consequently recognised as such at your birth for the purposes of the BNA 1981, then you would have automatically become British by descent under s. 2 BNA 1981. Therefore, you may want to just make a British passport application, which is handled by the Identity and Passport Service rather than the UK Border Agency. You should be able to get information about making an application from abroad at the web site of the UK High Commission in Australia.

good for you irubix !

JulesN19 wrote:If you were legitimate at birth under the country of your parents' domicile and your father was consequently recognised as such at your birth for the purposes of the BNA 1981, then you would have automatically become British by descent under s. 2 BNA 1981. Therefore, you may want to just make a British passport application, which is handled by the Identity and Passport Service rather than the UK Border Agency. You should be able to get information about making an application from abroad at the web site of the UK High Commission in Australia.

There is a fairly good chance that the passport service will not understand the law and refuse a passport application. For a complex claim to British nationality, it is preferable to file form NS with the Home Office and only then apply for a passport.

Awesome,

Going off other posts here I should will need:

Domicile questionnaire
Cover letter
Form NS completed
Highlighted copies of the relevant legislation
Relevant ID's

Anything im missing?

Thanks so much for your feedback/advice.

Reuben

Is your father willing to fill out a domcile questionnaire? You may wish to get legal advice on filling out the form.

As far as I am aware, he (or you) needs to show he became New Zealand domiciled (to the standards of English, Scottish or Northern Irish law) before you were born. Did he take out NZ citizenship, and if so, when? Did he spend time living in the United Kingdom, or anywhere outside NZ, and again, if so, when?

irubix wrote:Awesome,

Going off other posts here I should will need:

Domicile questionnaire
Cover letter
Form NS completed
Highlighted copies of the relevant legislation
Relevant ID's

Anything im missing?

Thanks so much for your feedback/advice.

Reuben

Reuben, I am exactly in the same situation as you. Could you give us an update in your progress with applying for citizenship?