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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2047
Experience:  I am a qualified solicitor and an expert in UK law.
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I am a British citizen otherwise by than decent. I am able

Resolved Question:

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.

Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year 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.

What evidence did you provide in respect of the nationality application?
Did you for her to be registered as a British national? or directly for citizenship?

Kind regards
Customer: replied 1 year ago.

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

 

Sam XXXXXXX

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

1. In respect of your child's matter I believe that as she is not automatically British she will need to be registered as British citizen. Although you may have provided all the documentation in respect of the application I believe that you made the wrong application. The application should have been made for the registration of the child not British passport.

2. It really does not matter what the immigration officer states on the telephone asking you to be patient etc The fact is what is stated in telephone calls should not be used as an indicator to decide what sort of decision you will obtain.

If the child is not entitled to registration in the circumstances described by yourself, you can still apply for the child to be registered as a British citizen at the discretion of the Home Secretary. It is not possible to set out all the circumstances in which the Home Secretary might be prepared to approve registration. However, he will normally consider:

the child’s connections with the United Kingdom

where the child’s future is likely to lie

the parents’ nationality

the child’s and the parents’ immigration position

whether the parents agree to the child being registered

(if the child is aged 10 or over) the child’s character

Unless your child is a British citizen as described, the child will not be a British citizen, and will not be allowed to have a British citizen passport until he or she is registered.

If your child needs to travel, you should apply to the authorities of the country of which your child is a national (or, if you are not sure, the country in which the child was born) for a travel document for your child.

This leaves you with two options:

1. To apply for registration at the discretion of the home secretary either from the UK or from her home country as described above or

2. She should apply for a visa to join you in the UK as your dependent and then subsequently she may apply for registration from inside the UK.

It is now totally up to you which option you decide to take. But I would recommend that you should first get your child to the Uk and then apply for her British citizenship from the UK, the process may be far quicker in the UK and less stressful. I do not believe you can challenge the decision and it was made correctly. It is just an issue of you deciding which options you go for.

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
UK_Lawyer, Solicitor
Satisfied Customers: 2047
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.


Uk Lawyer.


 


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


 


Sam

Expert:  UK_Lawyer replied 1 year ago.
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