Child born overseas after naturalization, but before ceremon

[crow12]

Dear Experts,
I need your help.
I am in very similar situation, I didnt want to open a new thread since my case may be good addition to this thread.

My daughter was born abroad on 16/08/2017.
My citizen ceremony was already booked for 01/09/2017.
At the time of my daughter's birth my wife was on FLR spouse visa which was set to expire on 30/12/2017.
I took a lawyer's advice and applied for settlement dependent VISA (VAF4A) for both my wife and daughter on 20/12/2017.
While my wife visa has been approved in April-2018, but HO has kept my daughter visa decision pending.
Meanwhile....
I got an email from HO (sheffiled), that they think my daughter may be eligible for British Citizenship as their record says I acquired citizenship before my daughters birth (i.e. the date I got invitation for oath/ceremony).
They are asking evidence why I think my daughter is not british citizen.

This is very strange...but..
Please experts can you provide any link/guide/law which says the "date of ceremony" is the "date of acquiring citizenship"? and also any help what I should reply please to HO?

Thanks a ton

[CR001]

The date of ceremony is when you become British once you have pledged the oath and received your certificate.

What date is on your certificate of naturalization?

If this date is after your daughters birth, then she is not british by descent.

An invitation letter or approval letter is just that, a letter.

[crow12]

Thanks Char.
The date on my certificate is 01/09/2017 (which is after the birth of my daughter).
Is ther any reference for the rule you just quoted please??

"The date of ceremony is when you become British once you have pledged the oath and received your certificate. "

I need to send that to the caseworker who is keeping my daughter visa pending for over two months saying "...withdraw your application and apply for british citizenship or provide evidence why you think you are not british....?"
How should I convince the case worker, please help?

[crow12]

Please help me to find the reference for this ...

"The date of ceremony is when you become British once you have pledged the oath and received your certificate. "

Thank you

[Casa]

From the official guidance for anyone not exempted from swearing an allegiance: Page 19
"Everyone else, including British protected persons, must take an oath of allegiance before they can become British citizens.
AND
An oath is conditional as it is taken before a certificate of registration or naturalisation
is issued. The form of an oath of allegiance is given in Schedule 5 to the 1981 Act.
AND (PAGE 21)
All applicants (except those who are not of full age) are required to make an oath and pledge at a citizenship ceremony before they are registered or naturalised as a British citizen. As an alternative to the oath, applicants may make an affirmation of
allegiance.

https://assets.publishing.service.gov.u ... 1.0EXT.pdf

[crow12]

Thanks a lot for your help, much appreciated.

[vinny]

The date on my certificate is 01/09/2017 (which is after the birth of my daughter).

This is the reason why child isn’t British.

[crow12]

Correct vinny.. hence I rightly applied for dependent visa.. but HO is wrongly quoting the date I got invitation as the date I acquired citizenship.