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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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I am an Australian born applying for my first British Passport

Customer Question

I am an Australian born applying for my first British Passport via decent. My father was born in the UK, but holds dual UK/Australian citizenship and did so at the time of my birth. My parents were never married, so I have been asked to have my father fill out a domicile form, to determine which countries laws should be applied with regards XXXXX XXXXX birth and legitimacy, and UK will recognise the laws of that country. My father was definitely domiciled in Australia and intended to stay there at the time of my birth, which means that, in accordance with Australian law, I am legitimate and therefore automatically receive British citizenship by decent.
The part I am confused about is the last section on the domicile form where it asks my father to state his intentions now. It is better that he states he intends to continue living and to retire in Australia, as to not break domicile? Or is it good for my claim that he may later decide to live back in the Uk one day in the distant future? As far as I know he intends to stay in Aus, but, people change their minds, is it better he says he may change his mind one day, or that he doesn't plan to change his mind?

Thank you
Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.
Thank you for your question.

Which form are you referring to?
Where is your father residing at the moment?

Kind regards
Customer: replied 3 years ago.

This is it's title. Sent to me by the processing officer of my application.


 


DOMICILE QUESTIONNAIRE


 


NZW298419N


 


My father has lived in Australia for probably around forty years now, and still does.

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply. I apologise for the delay in reverting back to you.

In respect of the questionnaire I would suggest that you state that your father is intending to remain in Australia and that is his intention, but if circumstances change then he may decide to reside elsewhere.

The purpose of this as you rightly mentioned to to determine the applicable law at the time of your birth and nothing more. You may wish to read the following notes on the link below in respect of domicile:

http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/set/set15/#header3

What I would suggest is that you state the truth and if your father's intention maybe to return to the UK in the future then state this. If a declaration is required to back up your father's intention to remain in Australia/and or to return to the UK, then your father would have no hesitation in submitting such a declaration to assist your case.

Therefore as the purpose of the questionnaire is to determine the applicable law at the time of your birth, this is already evident by the answers you have given. The answer you are worried about would not have an effect on the outcome of your application. Your father's domicile is Australia and the applicable law will be Australian.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. 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 so I can get credited for my time.

 

Kind regards

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