Mother previously married - will my application be rejected?

[debrajones]

Thank you,

As I didn't want to just throw $600 down the drain if there was still a chance this current application could get accepted. I will have to now apply through the UKF route. Could you tell me if I'm allowed to apply through UKF whilst residing in the UK? I am getting a youth work visa in the meantime.

[debrajones]

^^

Can someone please answer this question? Or does nobody know?

Are you allowed to apply through form UKF whilst on a Youth visa living in the UK?

[CR001]

Thank you,

As I didn't want to just throw $600 down the drain if there was still a chance this current application could get accepted. I will have to now apply through the UKF route. Could you tell me if I'm allowed to apply through UKF whilst residing in the UK? I am getting a youth work visa in the meantime.

What have you paid $600 for? A passport application costs substantially less than this. You are not British by descent so a passport application was bound to fail.

Yes, you can apply on UKF while in the UK, you can apply from anywhere, there is no restriction.

[debrajones]

For the Form UKF, do they have your passport the entirety of the application? So I cannot travel anywhere when my application is under review?

[debrajones]

Hi CR001,

Thanks for all the help so far. The passport office have come back to me regarding my application. They have referred to Section 2 of the British Nationality Act 1981 stating that "father" means "father of his legitimate child". In order to ascertain whether your birth can be classed as being legitimate for British nationality purposes under UK law we also have to consider the laws of the country of your father's domicile at the time of his marriage to your mother, together with those of the country of her domicile. To enable us to determine whether or not we can proceed with you application can you please have your father complete the attached Domicile Questionnaire in full'.

Has anyone ever had any experience of this?

[debrajones]

This will be my last post before I decide to cancel my dream of moving to the UK. PO have asked for my father to fill in a domicile questionnaire. He and my mother were domiciled in Quebec when they married 3 months after my birth (polygamy is prohibited in Quebec). My mother married in the Philippines and didn't get the marriage annulled, subsequently if my parents were married at my birth it would have been a polygamous marriage.

Am I correct in saying that I will have no right to claim British Citizenship under my father through Form UKF?

I am really ready to give up on the whole thing as it looks as even though my father was British through registration, it doesn't matter because of my mothers previous marriage

[CR001]

Am I correct in saying that I will have no right to claim British Citizenship under my father through Form UKF?

As was explained earlier in this topic, form UKF is to register as British if you were born to a British father who was not married to your mother. You seem to meet this requirement as your parents would not be considered legally married.

[debrajones]

CR001,

The requirement states 'you would have become a British Citizen automatically if your mother had been married to your natural (biological) father'.

If they were married at my time of birth, I would have been born into a polygamous marriage I believe which makes me not a 'legitimate' child of my father? My boyfriend of 2 years is in the UK and it is killing me because I thought I had a good case

[CR001]

You need to take the time and read through this whole thread again, from your very first post all the way through, particularly the advice given by JAJ.

The requirement states 'you would have become a British Citizen automatically if your mother had been married to your natural (biological) father'

Yes, are you misreading this and the word 'WOULD', meaning IF your parents were legally married, you would have become a citizen automatically. Your parents were not 'legally' married as your mother was already married to someone else.

The form CLEARLY states the below, which is your case as your parents were not considered legally married.

Application for Registration as a British Citizen by a person born before 1 July 2006 whose parents were not married

[debrajones]

Appreciate the response CR001 and I have re-read all the thread, and really appreciate the advice along the way. I hope I am wrong.

As my mother and father married 3 months after my birth (and it was a polygamous marriage), IF they were married at my birth I would not have automatically become a British citizen as I would be an illegitimate child of my father?

Therefore when the UKF states you can apply if 'you would have automatically became british citizen if your father was married to your mother', surely this point is now void and I can't apply?

I guess I'm not sure where you have got the point 'if your parents were LEGALLY married', if that is the requirement then I am fine. I read that any child born in a polygamous marriage has no right to British Citizenship.

I am really hoping I'm wrong as this is my last hope.

[CR001]

Therefore when the UKF states you can apply if 'you would have automatically became british citizen if your father was married to your mother', surely this point is now void and I can't apply?

I think you are misunderstanding this point completely. I will break it down for.

1. Unmarried fathers COULD NOT pass on their citizenship to their children.

2. IF the father and mother DID get married AFTER the children were born, then the child would automatically become 'legitimate' and British.

3. The point quoted above refers to point 2, that HAD your parents been married, you would have become British automatically.

4. UKF form (introduced after UKM - born to British mum before 1983) was brought in to correct the 'injustice' if you will of an unmarried British father NOT being able to pass on his citizenship, which is why the requirement quote above is phrased that way.

[debrajones]

Thanks CR001,

This is becoming clearer now. The only thing I query is the point you make that:

"IF the father and mother DID get married AFTER the children were born, then the child would automatically become 'legitimate' and British."

My parents did get married after my birth, it was a polygamous marriage and therefore I am an illegitimate child. This is why I'm thinking I would not have automatically become 'legitimate' and British had my parents been married. Although Canada nor Quebec distinguish between illegitimate and legitimate children, polygamous marriage is illegal and voids any marriage.

I'm sorry if I'm misunderstanding things.

[CR001]

As your mother was already married, her marriage to your father would not be recognised by the UK as you have found out by trying to get a passport.

So you would be considered a child of an unmarried British father for the purposes of form UKF, which is to register as a British citizen.

For all intents and purposes of what you are trying to achieve, the fact that your parents did 'marry' is not relevant as the UK doesn't recognise polygamy either, which is why UKF was suggested to you and their 'marriage' did not 'legitimise' you or make you 'automatically British', which is what HMPO is saying, you have no claim to being automatically British, you would have to register to become British.

[debrajones]

Thank you CR001, this has given me some hope after all. It's a long road but hopefully it'll pay off.

Thank you very much for the help.

[debrajones]

Hi everyone,

Just wanted to say thanks to everyone who gave me advice through the process. I applied for my passport directly rather than through the UKF route and thankfully HMPO issued me with my British Passport

Merry christmas everyone

[debrajones]

For the sake of privacy can this thread now be deleted please? Thank you

[CR001]

Topics and posts are not deleted.

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