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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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my father was born in Jamaica before independence came to England

Customer Question

my father was born in Jamaica before independence came to England in 1957
age 11 was naturlaised in the 70. He has two children in Jamaica born 2004 and 2009 are they British or does he have to register them. if so is it here or in Jamaica that they apply
Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

Can you confirm where he was naturalised? And on what basis?
What passport does he hold?

Kind regards
Customer: replied 3 years ago.

in the 1970 he was granted citizenship as naturalised person/resident. He has lived here ever since and holds a British Passport

Customer: replied 3 years ago.

he was naturalised in the UK he came here at age 11

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

Whether or not they are a British citizen depends on the type of citizenship their parents had. This may be British citizenship by descent or otherwise than by descent.

British citizenship may descend to one generation born abroad. So if they were born outside the United Kingdom or qualifying territory and one of your parents was a British citizen otherwise than by descent, they are a British citizen by descent. In this case it seems like the father does have British citizenship otherwise than by descent as he was naturalised.

If one child was born before 1 July 2006 he/she may not qualify if the parents were not married at the time of the birth.

The child if both were born in wedlock will automatically be British and you may apply for British citizenship. If they are in Jamaica they would need to apply by using the following link:

https://www.gov.uk/overseas-passports/y/jamaica/applying/child

Please also see the following link in respect of where to send the application:

http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/66-nat-add

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards


Customer: replied 3 years ago.

they are not married. Are you saying that they both do not have to register or that the 2004 needs to register and the 2009 can just apply for a passport.

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

1. In respect of the child born in 2009 they would be automatically british as born after 1 July 2006. All he/she needs to do is apply for a passport as indicated above.

2. If the parents were not married when the child was born, but then get married, the marriage might legitimate the child’s birth. If it does, the child would become a British citizen (and would be regarded as having been one from birth) if the father was a British citizen (or settled) when the child was born. Children of a void marriage may also, in some circumstances, be treated as legitimate.

The child born before 1 July 2006 would need to be registered as a british citizen. Please see the following link:

http://www.ukba.homeoffice.gov.uk/britishcitizenship/applying/applicationtypes/childregisteringasbritishcitizen/

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 3 years ago.

thank you I think I'm getting it. So as they were married by the time the second child was born that child is fine and can just apply for a British passport.


 


The first child needs to register as British. But you also say the subsequent marriage might legitimate the first child; how would we know if this is the case? Would we just apply for the passport and see if it is granted?

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

Yes in the case of the first child you would apply and state the facts surrounding the marriage and how, the marriage legitimised the birth.

If the marriage certificate is submitted along with the child's birth certificate this would be sufficient. But at all depends on your explanations and evidence submitted.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Expert:  UK_Lawyer replied 3 years ago.
I hope this answers your question, if so kindly rate my service positively.

Kind regards
Customer: replied 3 years ago.

hi does it matter that they are now divorced? and what evidence other than marriage /birth certificate should we submit?

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

1. No it would not matter if the parents are now divorced, the fact that they married would have been enough for the child to be ligitimised.

2. You should submit, copy of the father's passport and also evidence of him working and living in the UK ie bankstatments, employment contract, utility bills etc And I would suggest you submit a detailed covering letter to explain the facts of the case.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Expert:  UK_Lawyer replied 3 years ago.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

 

Kind regards

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