British Passport refused for an adopted child of EEA citizen

[areczkowski24]

Today I was talking with immigration officer they advise me to confirm british nationality by NS form but they wasn't sure what kind of documents do they needs also they wasn't sure how I should fill in aplication form because my adopted son name was changed by court. They confuse me so much because they can't give me right advise. Is anyone on this forum who was apply for British nationality confirmation ( NS ) form for adopted child by Polish parents ?
Thanks in advance

[JAJ]

The fee for form NS is GBP234. Consider it a fee for proving British citizenship. Passports also have fees attached.

The Nationality Status Certificate has the advantage of giving a lifetime proof of British citizenship. Passports have expiry dates and and are not as suitable, also can more easily be lost.

Form NS and guide here:
https://www.gov.uk/government/publicati ... us-form-ns

[areczkowski24]

Ok thank you for your advice, I will ask today immigration officer what kind of documents they will need for NS confirmation. I hope I do not have to give to immigration officer birth certificates for all birth family of my adopted son.
Thanks in advance.

[JAJ]

Ok thank you for your advice, I will ask today immigration officer what kind of documents they will need for NS confirmation. I hope I do not have to give to immigration officer birth certificates for all birth family of my adopted son.
Thanks in advance.

Who's this "immigration officer"? (not the name- but job title and where exactly is that officer working).

Yes- you will have to evidence that your son acquired British citizenship at birth from one of his natural parents (mother is usually simpler to evidence). Was the mother born in the United Kingdom and (assuming she was born in 1983 or later), was her mother born in the United Kingdom? If so- as long as you have some details of when/where they were born, you may be able to get the birth certificates yourself from the General Register Office.

[areczkowski24]

Hello thanks for your reply
It was someone from immigration & Visa uk department where they making decisions about british nationality confirmation status NS.
I was ordering already my adopted son birth parents birth certificate they all british but I do not have enough information about grandparents to order birth certificate for them the immigration officer couldn't tell me is gonna be enough to proof my son british nationality they always send me to guide book about NS , my adoption agency they have just a few information about grandparents parents. I hope is gonna be enough for confirmation of my son british nationality.
Yes my adopted son birth family is all British mother born after 1983 father as well.
Thank you

[JAJ]

If you are having hypothetical discussions with the Home Office you probably won't get very far. You need to make the application which the Home Office will then have to consider and either accept or reject.

In order to get a Nationality Status Certificate they do not need absolute proof that the child is a British citizen. That would be almost impossible for anyone to provide. They do need evidence on the balance of probability (50%+) that the child is British. The fact that the child is U.K. born with U.K. born parents should normally be enough to provide this. Even if the U.K. born parents were born after 1983, the chances of the child not being British are close to zero. Both parents would have to have been born to temporary residents and never acquired British citizenship.

Along with the NS application and fee, submit a copy of the child's U.K. birth certificate and the parent's birth certificates. It would also be helpful to submit a letter from the local authority social worker and/or adoption agency stating what they know about the birth parents/grandparents and the reasonable belief that the nationality of the parents is British. It would be surprising if an NS application was refused with this evidence included.

[areczkowski24]

Ok thanks for your help ( advise).
I'm still waiting for birth parents certificate from Gro registration service and for supporting letter .once I have all this paper work I will send the aplication to HM .
Thanks

[areczkowski24]

Ok so once I have received confirmation of British nationality from HM, what about passport aplication for first child British passport because I can't apply as EEA citizens like last time so I have to put on aplication birth parents detalis or adopted parents? I just want to check everything before I will send aplication to PO .Thanks

[JAJ]

The Passport Office will accept the Nationality Status Certificate as evidence of British citizenship. They will not need details of child's birth parents, etc. So apply for a British passport in the standard way once this is issued.

[areczkowski24]

Ok thank you

[areczkowski24]

Hello again I just received email from passport office I was ask them in my email if any different way how I can apply for first British passport for my adopted child without confirmation of british nationality status.

This is reply from passport office.

If you wish to reapply for the child’s first passport you would need to provide us with the following;



· A fully completed application form (with birth parents details,)

· A fee of £46.00

· Mother’s full birth certificate

· The child’s full birth certificate

· The child’s maternal grandmother’s birth certificate

· The full adoption certificate

· Two photographs (one certified by the countersignatory).

Any further information, please contact us through our helpline on 0300 222 0000 or via E-mail Liverpool@hmpo.gsi.gov.uk





Kind Regards



G Duffy

Customer Service Management Team



Her Majesty's Passport Office

I'm getting confused now by the phone they say something different.

[JAJ]

Hello again I just received email from passport office I was ask them in my email if any different way how I can apply for first British passport for my adopted child without confirmation of british nationality status.

....

I'm getting confused now by the phone they say something different.

Following the previous post. The advice is the same- continuing to ask questions of the Passport Office is a waste of your time. Go ahead and apply for a Nationality Status Certificate. You don't need the permission of the Passport Office to do so. When you receive one, then go back to the Passport Office.

The Passport Office are not going to issue a British passport without evidence of British citizenship. And if by some chance they did- it would be too easy for them to refuse renewal in 5 or 10 or 25 years time (if they issue a passport by mistake- they are not obliged to renew it). In a complex nationality situation such as that of your son, a passport on its own is not durable evidence of citizenship that can be relied upon for the future.

[areczkowski24]

Ok thanks i wil applying for NS anyway to protect my son in the future.

[LipeAlves]

Hi everyone,
We are a Portuguese couple that are about to receive the adoption certificate for our child and we’re pretty much in the same situation as the Polish couple. We have been living in the UK for less than 5 years so we’re not yet considered settled.
However, we have managed to obtain the birth mother and maternal grandmother’s birth certificates.
We have also talked with Passport Office and they said that should be sufficient proof of nationality for our daughter, however I was just looking at the passport application form and don’t exactly how to fill the parents section. Should we have our details there or the birth parents?

Can someone help please?

Thanks,
Filipe

[JAJ]

Hi everyone,
We are a Portuguese couple that are about to receive the adoption certificate for our child and we’re pretty much in the same situation as the Polish couple. We have been living in the UK for less than 5 years so we’re not yet considered settled.
However, we have managed to obtain the birth mother and maternal grandmother’s birth certificates.
We have also talked with Passport Office and they said that should be sufficient proof of nationality for our daughter, however I was just looking at the passport application form and don’t exactly how to fill the parents section. Should we have our details there or the birth parents?

British nationality by birth is derived from birth parents. It wouldn't make a difference if you were settled- a U.K. adoption only confers British nationality if one of the adoptive parents is a British citizen.

In order to prevent problems at future passport renewal, it would be recommended to obtain a Nationality Status Certificate for the child.
https://www.gov.uk/government/publicati ... us-form-ns

If you want the child to have Portuguese citizenship you should investigate the process with the Portuguese authorities. Don't assume anything is automatic- in many countries, there are different procedures for adopted children and it may be difficult or impossible to obtain citizenship later on.

[areczkowski24]

Hi,
To Portuguese couple, have you apply for nationality confirmation status ( NS ) yet ?
I was apply for it about 5 weeks ago and still waiting for the letter!


Thanks in advance

[areczkowski24]

Hi all again,

Finally today I have received British nationality status letter ( NS ) from Home office.

I would like to apply again for British Passport for my adopted son . I was just looking at the passport application form and do not know exactly how to fill the parents section. Should we have our details there or the birth parents?


Thanks in advance

[areczkowski24]

Hello all,

Very disappointed with passport officer.

Today I have received letter from PO .

despite the fact that I sent British nationality status letter for my adopted son witch say my son is British the PO still need more evidence to confirm my son British citizen.

This is what PO writing in the letter see below.


Please send us:

My son biological mother full birth certificate issues by the relevant authority or as a replacement obtained by her.

As she was also born after 1st January 1983 we will need evidence of her claim to British citizenship ( for example her mother's birt certificate or her father's birt certificate and parents marriage certificate). Also same evidence for my adopted son biological father.

This is ridiculous way the PO still need more evidence ? The British nationality status letter is not enough for PO why?


Please help.


Thanks in advance.

[vinny]

Their new policy makes the Nationality Status letter practically useless.

[vinny]

12

The United Kingdom makes provision for children adopted by a British citizen to automatically acquire British citizenship. But this does not prevent the child from also retaining the nationality of his country of origin. Indeed the same protections apply to a British child adopted by foreign nationals in a foreign country. The British child retains British citizenship but may on reaching the age of 18 (or on marriage, if married under 18 years) renounce such citizenship, provided he has acquired the citizenship or nationality of another country.