An awful experience with British Citizenship

[lhwrandal]

I am going through a situation that is almost unheard of. It is ridiculous and sad.
In short, I am a British Citizen currently working and living in Japan. I gained my citizenship through the British Citizenship Selection Scheme back in 1992 when I was living in Hong Kong. I spent many years in the UK and because of my work I am now living in Japan. My wife is Japanese and we have a new born son, who is Japan national at birth.

I was trying to obtain British Citizenship for my child. I have doubt in the first place whether I am a 'descent' or 'otherwise by descent'.

The Timeline

1. I have submitted a MN1 application back in Jan 2014 in order to register my child as BC. A month or so later the Home Office got back and notified me that my son IS a Britsh AT BIRTH under Section 2(1)(a). All documents and fees were returned to me.

2. I was happy to hear that and I went to the British Embassy (FCO) in Tokyo in March 2014 to get a birth certificate and register the event. The birth certificate was issued to me without incident.

3. I submitted a passport application in March to HMPO. 2 months later in June, shockingly HMPO informed me that the UKVI made a mistake and my son is NOT BRITSH.

4. UKVI admitted that they have made a mistake. First they said they will issue a registration certificate but now they turn around and said they will refuse the registration because my father was not British at the time of my birth. And as I am now living in Japan they have no reason to utilize the discretion.

5. They are now looking to revoke the citizenship, cancel the birth certificate and erase the birth registration. HMPO retained the certificate and is not returning to me.

I am now stuck. I guess this is a serious error by the authorities. Citizenship is a sensitive issue and no mistake should be made at all.

A. Any advise anyone can give me?
B. Do they even allow to simply take back the certificate and cancel the citizenship? The embassy, who issued the document, have not heard from the UKVI. They are also scratching their head.
C. Since the birth certificate has been issued, can they use their discretion to go ahead with the registration for Section 3(1)?
D. My father will never be a BC at the time of my birth because that particular nationality law did not come to effect until 1990. Can I use this as an arguing point to challenge Section 3(2)?

A simple application turned out to be a big mess. I really hope I can get this resolved.

[Amber]

If you were granted British Citizenship under section 1(1) British Nationality (Hong Kong) Act 1990 (click) then you will be British otherwise than by descent by virtue of section 2(1) British Nationality (Hong Kong) Act 1990. In such case, children born abroad would automatically be British.

[sagareva]

i agree with amber

you are a citizen otherwise than by descent

and your child is british at birth. your son is british by descent, not you.

i can't really see how there can be doubt about it and what relevance your father's nationality may have to this.

how has this even come up? did you tick "by descent" on any of the forms in relation to yourself, child's parent? that could create a confusion, as they'd be looking for you to have been born to a british citizen then.

plus your post is very confusing

you say they are trying to revoke citizenship. whose? yours??? this makes zero sense.

what ever possessed you to try and register the child in the first place, rather than apply for the passport directly?

you need to re-apply for his passport and explain there very clearly that you are a citizen otherwise than by descent

discretion is irrelevant, because you are not trying to register him, he is already british and you are getting him a passport. that should be your position.

the only thing that could have caused this mess was if you have ticked something on his passport application that identified yourself as a citizen by descent.

you need to write to them urgently and explain this isn't so, and quote the law through which you became a citizen