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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6444
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am 25 years old and a British citizen. I was born on 14 of

Resolved Question:

I am 25 years old and a British citizen. I was born on 14 of July 1986. My mother and father at the time had a relationship before getting married; I was conceived on November 1985. Later that year on 17 of June they had got married. Unfortunately, my father passed away in March 28 1996. Recently I had my name changed on my birth certificate, as I had become aware that he was not my biological father. Nor my mother nor father, knew of this at the time.
So my question to you is that, I wanting to get my name changed to reflect my recent change on my British passport, will this effect my mothers and I, citizenship in any way?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
1. How did you obtain your UK citizenship?
Kind regards.
Tom
Customer: replied 2 years ago.
My mother had married to my father who is English.
Expert:  Thomas replied 2 years ago.
Hi,

Was your biological father English?

When did your mother obtain Indefinite Leave to Remain in the UK?

When did your mother obtain UK citizenship?

Tom
Customer: replied 2 years ago.
Hi,

Just to clarify at the time my father that was on the birth certificate was not my biological father( nor my mother or father knew). However, my true biological father is not English.

In the same year I was born in 1986, my mother obtained Indefinite leave to remain in the UK.
in 2000 she recieved british passport.

Maybe this information would help:

I was born in Los Angeles
My mother were divorced in 1991
Expert:  Thomas replied 2 years ago.

Hi
Thanks for your reply.
I assume because your mother was in the process of obtaining ILR that you were born in the UK.
Putting aside the issue of your UK father not being your biological father. The position is that where a person is born to a foreign national in the UK the that person will be entitled to UK citizenship if the foreign national is settled at the time of the person’s birth. So, if your mother had already obtained ILR at the time of your birth then you would be entitled to UK citizenship regardless of the fact that your biological father is not British. If this is the case then there is absolutely no problem with either your citizenship or that of your mother.
If she did not hold ILR at the time of your birth then you would technically have been entitled to UK citizenship at the time of your birth, even though all parties understood you to be the biological child of a UK father (thus entitled to UK citizenship).
Citizenship is revoked only in very exceptional circumstances. This is usually where people have used a deception to get citizenship (eg. False documents) and revocation is an expensive process so the UKBA have to be certain of their case when they seek to revoke.
Your situation is not one of deception if you all genuinely believed it to be the case that your biological father was British and I certainly would not expect the UKBA to considering attempting to revoke citizenship in your case. If you have lived in the UK for the first ten years of your life then you would be entitled to citizenship by this route regardless of your biological father not being British.
If you are to change your name by deed then I would simply submit this to the UKBA and not volunteer any information with respect to the recent revelations about your biological father. If asked you would have to be honest but I expect that your passport would be updated simply by providing the Change of Name Deed.
If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.
If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.
I have to go out now for an hour, if you have further questions I will assist upon return.

Kind regards,


Tom
Customer: replied 2 years ago.
Relist: Incomplete answer.
Customer: replied 2 years ago.
hi

thank you for the info. But i just felt that maybe it was incomplete, thus maybe I would prefer if i gave you abit more info to help.

Expert:  Thomas replied 2 years ago.
Hi,

What area would you like me to elaborate on?

Tom
Expert:  Thomas replied 2 years ago.
Hi,

Are you able to respond?

Tom
Customer: replied 2 years ago.
Hi

Sorry I haven't responded.

I have to clarify that I was not born in the uk. I was born in Los Angeles, I had received my british passport 3 days of being born. As for my mother, she had obtained her ILR after 6months of being born.

If I go and change my british passport I'm sure they will ask for my birth certificate, which will reflect that my fathers name has changed?
Will that effect my or mothers citizenship?
Expert:  Thomas replied 2 years ago.
Hi,

Your mother obtained UK citizenship by, I presume because you have said that she obtained ILR, naturalising as a UK citizen by making a naturalisation application. Her citizenship will remain unaffected regardless of this.

I'm not going to lie, your case is not straightforward. However, on the basis that your "father" at the time of your on the birth certificate was a UK national and was regarded as your father (ie. he had what is now called "parental responsibility") it is correct that UK citizenship should have descended to you.

Further, if you travelled to the UK shortly after you birth and remained here for the first ten years of your life then even if you had two non-UK parents at the time of your birth then you would have acquired UK citizenship by virtue of having spent this time in the UK. Therefore, if you spent the first ten years of your life here (after coming to the UK) then this is another way in which you would be entitled to UK citizenship.

There is a degree of discretion afforded in determining citizenship and I would expect them to take the view that your citizenship should be maintained.

I would suggest that you see a local solicitor in order to execute yoru Change of Name deed and possibly at the same time draft/execute a statutory declaration confirming the chronology of events and submit both documents with your passport to update your passport. I would then expect a new UK passport to be issued to you.

I trust this clarifies, please click accept.

Kind regards

Tom
Customer: replied 2 years ago.
Hi

I appreaciate that my case isn't that straight forward, thus me not accepting your first answer that quickly. In anycase were are getting to the point. However just to calrify and add to what you wrote in regards XXXXX XXXXX first part of your, my mother obtained her ILR as a result of marrying a national(assumuing that's called 'natuaralisation').

Are you such solicitor that can help with this case? Do you have an office in london?
Expert:  Thomas replied 2 years ago.
Hi,

After a person has obtained ILR by marriage to a UK national spouse they must apply for naturalisation as a UK national in order to get a UK passport. If your mother has a UK passport then this is what she shall have done previously. Her status is unaffected.

I would normally help if I consulted you in private practice but I'm afraid the terms of the site prohibit me from accepting your instructions.

You can find solicitors near you via the following site:-
www.lawsociety.org.uk/choosingandusing/findasolicitor.law

Please click accept.

Kind regards.

Tom
Expert:  Thomas replied 2 years ago.
I note you have not clicked accept to my answer. Is there any further information you require?

If you do not click accept then your deposit simply stays with the website and I receive absolutely no credit for the time I have taken to answer your question. Only when you click accept does a portion of your deposit actually transfer to me and you will not be charged any further money simply by clicking accept.

Please click accept. You will appreciate that I cannot work for free

Tom
Customer: replied 2 years ago.
Hi

Due to the nature of the case, as you have come to gather thus far isn't that straight forward, that is why I haven't accepted. It is a shame that you not privately aid me on this case, are not even allowed to provide me your contact details?

In any regards, XXXXX XXXXX to further clarify that I wasn't born in the UK but rather in the US. So with relation to your last explanation about to non Uk national parents, will that affect my citizenship. As Im sure I will have to provide to the UKBA that my father has changed on my birth certificate, to my biological father.
Expert:  Thomas replied 2 years ago.
Hi,

I'm afraid that the terms of use of the site are very strict on this; you cannot have my private details I'm afraid.

I am aware that you were not born in the UK, I have been throughout the course of this exchange.

My point is that:-
1. Your citizenship was acquired in good faith because your parents both believe that the father originally noted on your birth certificate was your biological father. In any event he was listed as your father and raised you as such. Therefore it cannot be said that your acquisition of citizenship was by willfull deception.
2. You moved to the UK I assume very briefly after having been born in the UK and I assume that you spent the first ten years of your life in the UK after you moved to the UK. Therefore this means that you were entitled to citizenship by an alternative route.

Because of points 1 & 2 I think it highly unlikely that they would now revoke your citizenship and, in the highly unlikely event that they sought to, you would have a very strong case to litigate on the point.

Your case is not straight forward but I have provided you with my answer on the subject having regard to my knowledge of the immigration and citizenship rules and I would be grateful if you would now click accept.

Tom
Customer: replied 2 years ago.
Hi Tom,

One final final question, and i do apologize for this.

If i voluntary give back my British passport, due to the reason that my biological father's country doesn't not recognize dual nationality.

Would you think I am able to re apply in the future for my British passport, if for what ever reason I don't want to hold my biologicals father country passport?

Thank you for you patience and tolerance
Expert:  Thomas replied 2 years ago.
Hi,

It's fine.

My advice would be that it would be very complicated to apply for citizenship again in your circumstances and that it would be unwise to give up your citizenship now. Though I am reasonably confident that you will be okay in the present circumstances giving up and then resuming UK citizenship is always contentious and there's enough complicated issues to your position already to invite further uncertainty.

Please click accept.

Kind regards,

Tom
Customer: replied 2 years ago.

Hi

I can't thank you enough for your input, patience and time on shining some what, you can say hope my case.

Please accept my sincerest apologize for prolonging to accept, but Im sure can understand my reluctance to do so quickly.

Its rather a shame that the site offers such strict rules. As if it came to it, to use your services I wouldn't be as hesitant.

I hope that by luck I manage to find your practices on the web site you provided me earlier.

Does the site prevent me from providing my email address?

Thank you once again.

Expert:  Thomas replied 2 years ago.
Thanks for your kind note.

Yes, I couldn't accept your instructions even if you found me by accident I'm afraid.

Kind regards

Tom
Thomas, Solicitor
Satisfied Customers: 6444
Experience: BA (Hons), PgDip, Practising Solicitor
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