I am a British citizen otherwise by than decent. I am able to authomatically transfer citizenship to my child boarn abroad who then becomes a british citizen by decent; Yes! so I understand the law. My daughter was born illegitimate (I was not married to the mother at the time), in Lagos Nigeria, on 26th October 2007. I was present and settled in the UK, as I had already aquired Indefinite leave to remain before she was born. I was Naturalised and became a British Citizen on 28th April 2009. I do understand that I was not able to transfer citizenship to child born abroad before this date. Now I only got officially married (Legal) to the Mother of my daughter; We became husband and wife under the law on 7th of March 2012. I went to Lagos Nigeria to marry my wife; The marriage is recognised by UK law as genuine. I also want to point out that the Home office document on Legitimation and domicile listed Nigeria as on of the countries where the law is such that a childe will be legitimated by the subsequent marriage of the parents. My question now is that considering my own situation; Why can't I now transfer my citizenship to my daughter; whom I belive should have been legitimated by her parents subsequent marriage 2012, when I am already a British citizen? In the light of the fact that an FCO official in pretoria south africa, who dealth with our application for British citizenship of my daughter only refered to the fact that I was not a British citizen when the child was born hence she refused my application for my daughter. Could this be successfully charlenged in the law courts? I will be grate full for your honest and clear advice on this. Thank you. Samuel XXXXXXX.
We applied direct for British citizenship as I her case is not adequately covered under the registration of a child for british citizenship.
We submitted our original, marriage certificate, My naturalisation certificate, my wifes Nigerian passport, My British passport, My old Nigerian passport on which there is the indefinite leave to remain stamp.
The Birth certificate of the child, letter from the hospital confirming when and how she was born.etc. In fact all of the types of documents that were submitted for the successful application of her younger sisters citizenship and British passport.
Now these were submitted at the Lagos consular section the new practice is for all of these documents to be sent by the Lagos consular to Pretoria, South Africa for approval. If they sent everything that was required of us and which submitted to them in Lagos we would not know. Because when I wrote to the passort feedback office. The reason they offered for refusal was that there was not enough evidence to support my daughters claim to citizenship. And they adviced that if I have new evidence of her citizenship I could reapply.
I don't accept that we did not supply all evidence required of us. If we don't the Lagos office will not even accept the application from us.
Another issue is that initially when they sent refusal letter from south africa FCO, I called lagos passport officials and they told me that I have to be patient that it is normal procedure that our application was back in Pretoria for reconsideration. That is what they told me on 21st of February. Now they get back to us on 21st of march that our application was refused by the FCO official in Pretoria because there was not enough evidence. Now in the officials refusal letter she mentioned that we could register her; But the only quote that come near refering to my daughter was; "A minor child of a British citizen by descent, subject to a certain requirement such as recidency in the UK for 3 consecutive years before the child turns 18." Now this does not apply to us as I am a British Citizen otherwise than by descent. I am not a British citizen by descent. So she was clearly wrong in her decision.
Please I really need to know if I can chalenge this successfully or If I can successfully make another application.
Expect your repply
I am very satisfied with your answer and advice and I rate you EXCELLENT!
I will get my family here first and then register her.
Thank you, XXXXX XXXXX
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