Proof of british citizenship by descent no passport

[Kandt]

I am a US citizen on Tier 4 Visa, married to British/German citizen and living together in the UK.

My partner has British citizenship by descent (born and lived in UK whole life + British parent) but holds a German passport and does not have a British passport.

For the spouse visa application, we need to provide Evidence of my partner's immigration status in the UK. Will his UK birth certificate (and perhaps parent's passport or birth certificate) suffice as evidence?

We are aware of the options of applying for a British passport or confirmation of British nationality status (NS), however my T4 visa expires soon and we cannot afford to wait for the processing time.

Hoping to receive some advice!

[vinny]

Don't bother with a NS application.

His UK birth certificate and evidence of British Parent's status at time of birth should suffice. Same evidence as applying for a first adult British passport.

When was he born?

[Kandt]

Don't bother with a NS application.

His UK birth certificate and evidence of British Parent's status at time of birth should suffice. Same evidence as applying for a first adult British passport.

When was he born?

Thanks so much Vinny. I sure hope you're right.

He was born in 1993. We can include his parents' marriage certificate proving they were married when he was born, as well as his father's British passport.

On the online application, as a subsection, it states: "If you are unable to provide your partner's travel document and your partner is a British citizen, you must provide the full birth certificate showing parents' names, accompanied by at least one other formal document as evidence of ordinary residence in the UK for the last 3 years." I am hoping this confirms what you have advised? Your thoughts?

[vinny]

On or after 1 January 1983

You’ll need your full birth certificate or adoption certificate and either:

your mother’s or father’s full UK birth certificate, or the Home Office certificate of registration or naturalisation, or a British passport belonging to one of your parents that was valid when you were born, or a British passport number for either parent

evidence of one of your parents’ immigration status in the UK at the time of your birth, for example a foreign passport belonging to one of your parents that was valid when you were born

If you send documents relating to your father, you must also send your parents’ marriage certificate.

Note that he is British otherwise than by descent, under 1(1)(a).

[Kandt]

I spoke to an immigration advisor today. He said if I am applying for UK citizenship on the basis of a German passport it will be a huge red flag to them. He advised that its not the home office's job to do their own research into whether my partner is British based on the birth certificates; that they may be sufficient evidence for reasons of getting a passport, but not for purposes of proving British citizenship for reasons of a spouse visa application.

Still, I made him aware of the subsection of FLR(M) that reads:

If you are unable to provide your partner's travel document and your partner is a British citizen, you must provide the full birth certificate for Mr XXX showing parents' names, accompanied by at least one other formal document as evidence of ordinary residence in the UK for the last 3 years.

To me, this seems to resolve the issue, but I just don't know anymore

[vinny]

He advised that its not the home office's job to do their own research into whether my partner is British based on the birth certificates; that they may be sufficient evidence for reasons of getting a passport, but not for purposes of proving British citizenship for reasons of a spouse visa application.

That seems illogical. Some British citizens do not have British passports. Moreover, some British passort holders might not be British. A British passport does not confer British citizenship. However, the British nationality Act does. He is simply evidencing his British citizenship from first principles, directly from Section 1(1)(a).

[vinny]

Your quote confirms that a British passport is not mandatory.

If you are unable to provide your partner's travel document and your partner is a British citizen, you must provide the full birth certificate for Mr XXX showing parents' names, accompanied by at least one other formal document as evidence of ordinary residence in the UK for the last 3 years.

[Kandt]

Hi vinny I spoke to an accredited lawyer, after that jarring phone call w the advisor I last posted about, and the lawyer confirmed what you said.

It’s crazy how much false and conflicting information is out there. I really appreciate your generous help and impressive expertise. Thank you.