Proving British Citizenship for Child's first passport.

[Stefan2519]

Hi all,

I'm looking for some help, please.

I am applying of my child's first British passport outside of the UK.

I was born in the US to a British father and American mother.
When I was 10 years old in 1990 my father and I immigrated to the UK.
My father told me that he had me put in custody of the court or naturalized, my father was in the process of divorce and didn't want me sent back to the US.
The lawyer that dealt with this case has since passed, and I have no way of getting the details of what was done exactly.
I have a British passport and I presume I am naturalized.

I am trying to find the best way to find out my status to apply for my child's passport.
The requirement of birth certificate is on the application and I only have my US one, I am worried they will reject as soon as they see that due to thinking I am British by descent. Is that right?

Should I apply for:

Immigration status (form NS) would this show my legal status?

Duplicate certificate (form NC) Or should I apply for this?

Or is there an easier way to find out exactly what my status is?
My family still lives in the UK.

Any help much appreciated.

[secret.simon]

Where and when was your father born? Where was your child born?

If he was born in the UK itself, your father would have been a British citizen otherwise than by descent and you would have been a British citizen by descent automatically. As a British citizen, you could not have been naturalised.

If your child was born in the UK, to apply for their passport, you will need your child's, your and your father's birth certificates and your parents' marriage (and possibly divorce, to prove that you were born in wedlock) certificates.

[Stefan2519]

Hi,

Thanks for the reply.

Father was born in London in 1952.
Child was born in oversea so no direct claim.

As I mentioned because my father was getting divorced he said he had a lawyer deal with my case.
As of what he did I am not sure.
He swears they went to court for it.

Would him putting me into the custody of the court change matters?

Is my only option the MN1 form?

Thanks!

[secret.simon]

Would him putting me into the custody of the court change matters?

It does not affect your British citizenship by descent. You were born a British citizen because your father was a British citizen born in the UK himself and he was married to your mother at the time of your birth. And a British citizen cannot be naturalised (as a British citizen).

Essentially, if you are born (or a registered as) a British citizen by descent, there is no way (whether by court order or otherwise) to change your status to that of a British citizen otherwise than by descent.

As your child was born abroad to a British citizen by descent, s/he is not a British citizen and therefore cannot apply for a British passport.

Have you lived for at least three years in the UK before the birth of your child aboard? If yes, in addition to the proof listed in my earlier post, you will also need proof of having lived three continuous years in the UK, with absences of no more than 90 days per year. With all this proof, you can register your child as a British citizen using Form MN1 under Section 3(2) of the British Nationality Act 1981. After getting the registration certificate, you can then apply for the child's passport.

Be aware that a child registered under Section 3(2) will themselves be a British citizen by descent and they will not be able to register their own children born abroad as British citizens under that section. Their children will be British only if born in the UK.