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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience:  UK Lawyer holding practising certficate for England & Wales.
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How do i go about getting a certificate of naturalisation for

Resolved Question:

How do i go about getting a certificate of naturalisation for my child who was born and lives in Indonesia, she was born on 1/11/2013?
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your question.

What nationality are you please? Please also state your date of birth and where you born

What nationality is the child's other parent and please also state their date of birth and where they were born.

Kind regards,


Tom
Customer: replied 3 years ago.

I am British born in London on 03/02/1958 of British parents, my wife was born in indonesia on 05/02/1977, although she is a chinese lady.

Expert:  Thomas replied 3 years ago.
Hi,

Thank you for your reply.

By way of clarification, I note you refer to wish to obtain a "certificate of naturalisation". Naturalisation is the legal process by which a foreign national holding a foreign passport/citizenship becomes British.

It's not the same as a child who is entitled to UK citizenship simply applying for a passport.

Is it the case that you simply wish to apply for and obtain UK citizenship/UK passport for your daughter?

Kind regards
Customer: replied 3 years ago.

I have been told that my daughter is already British but when i tried to apply for a passport for her i was told i need a certificate of naturalisation for her as her passport application has to be made in the UK (according to the British embassy in Indonesia).

Expert:  Thomas replied 3 years ago.
Hi,

Thanks.

Will you be living in Indonesia for the foreseeable future?

Tom
Customer: replied 3 years ago.

No, i live in the UK and i am trying to fetch my wife and daughter over here, i know what i must do to fetch my wife here but it's getting my daughter a British passport to come here.

Expert:  Thomas replied 3 years ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

I think that the embassy has got themselves in to a bit of pickle over this one, frankly.
You are 100% correct that your daughter is automatically a British citizen. UK citizenship is a bit complicated but because you were born in the UK before 1983 you are British By Birth (ie. “British Otherwise Than by Descent”.
Your daughter was born after 1983 which means that her citizenship is governed by the British Nationality Act 1981. Section 2(1)(a) of that act confirms that because she was born outside the UK to a parent who was had “UK citizenship otherwise than by descent” she will automatically obtain UK citizenship. However, the type of citizenship that she will obtain will be slightly different yours in that she will get “UK citizenship by descent”. This means that she will have all the rights that you have except that she would not be able to pass on her citizenship automatically if your daughter gives birth to children outside the UK.

A certificate of naturalisation is for where someone does not have UK citizenship automatically and they instead have to live in the UK for a period of time before they can apply to acquire citizenship by naturalising as a UK citizen. This is not relevant to your daughter because she get citizenship automatically.
The other way in which a child might get UK citizenship is if she is eligible under the British Nationality Act for some other reason. If they are eligible for one of the reasons stated in the Act then they will only get citizenship by applying to register as a Uk citizen. This is different to applying for naturalisation and different again to getting it automatically (as your daughter has).
If you click on the following governmental link you will see information on how you can apply:-
https://www.gov.uk/overseas-passports/y/indonesia/applying/child/indonesia
If you download the application form you should see it displayed as here:-
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/277737/OS_Form_009.pdf

You will see that it asks about certificates of naturalisation AND registration at section 5. However, you will also see that here is a box where you can simply tick ”NO” because it is not relevant to her application because she has UK citizenship automatically and therefore will not get a certificate or registration or naturalisation.
You should otherwise apply in the normal way .

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience: UK Lawyer holding practising certficate for England & Wales.
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