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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7509
Experience:  BA (Hons), PgDip, Practising Solicitor
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lost British citizenship certificate but UKBA can not find

This answer was rated:

I rewrote the request below to make it clearer...


 


Here is my situation. I live in the US and I am Greek. Before moving to the US, we were in the UK and both myself and I were granted indefinite leave to remain. When my kids were born, we applied and got the British passport for them as well as citizen certificates that were British. 

Unfortunately, their passports expired and in order for me to apply I need to add some numbers to the application from her British citizenship certificate... which I lost. 

I read online that I need to apply for a duplicate to the UK Border Agency (in Liverpool) which I did and today I received a letter saying hat they were "unable to find a record of the grant of citizenship". How can it be possible? What shall I do? I really need those numbers to complete the 1B part of her passport.

 

Do you think you will be able to help me? The passport clearly states that she is British. I am happy to pay to get her certificate or those numbers for her. I am running out of time.

 

Previous request


My child is British but I lost her certificate (I applied for her when we were living in he UK as I had indefinite leave to remain). She received her certificate, I used it to issue her passport which was expired. I will need all the numbers from her certificate to renew the passport. I raed and applied to the UK Border Agency (in Liverpool) and today I received a letter saying hat they were unable to find a record of the grant of citizenship. How can it be possible? What shall I do?

Hi

Do you still have their expired passports?

Do you have any letters from the ukba when you applied for naturalisation?

Tom
Customer: replied 3 years ago.

Yes. I have the expired passports.


 


I do not have the letter when I applied from naturalization.

Hi

I will answer in half an hour.

Tom
Hi

Sorry, do you also have evidence of the date you received indefinite leave to remain and that this was earlier find a birth of your children?

Tom
Customer: replied 3 years ago.

Tom,


 


Yes. I do have evidence for both myself and my husband for the indefinete leave to remain. We both got the leave to remain in April 2006 before Melina (my young daughter was born whose certificate is missing) but after Alexandra was born (my first daughter... I have her British citizenship certificate). Here is the sequence of events:


 


1. Alexandra date of birth 2005 Dec.


2. Indefinite leave to remain for both parents. April 2006. I have the evidence.


3. Alexandra received her citizenship after in May 22. I have the certificate


4. Melina date of birth Feb 2008


5. Melina received her citizenship between Feb 2008 and April 2008 (I do not know the exact date). I issued a passport which shows she is British. Then, I lost the British citizenship certificate.


6. I applied for a duplicate of Melina's certificate of citizenship to UK Border Agency and I just received a letter saying hat they were "unable to find a record of the grant of citizenship".


 


What do I do? Is there any way I can get that certificate? Maybe apply for a duplicate again and appeal? Apply all over again? I live in the US now...

Hi

I will answer in about an hour

Tom
Hi

Thanks for your patience.

I would not be too scared by the fact that the UKBA have stated that they cannot find record of their citizenship. Clearly, their UK passports (albeit expired) are proof that they have UK citizenship.

The issue seems to be with Melina, since you have Alexandra’s certificate and therefore I assume her number as well., since you have Alexandra’s certificate and therefore I assume her number as well.

Melina automatically obtained her UK citizenship because she was born in the UK to parents who were settled (ie. holding ILR) at the time of her birth. See “If you were born in the UK on or after 1 January 1983“ on the following link for confirmation:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/othernationality/Britishcitizenship/borninukorqualifyingterritory/

This means that she obtained it automatically, in that there was no need to actually register it – she could have applied for a passport straight away.

IN the circumstances I would suggest going to an attorney if you are in the US and executing a sworn affidavit in which you advise of the circumstances of her birth and referencing the various pieces of documentary evidence that you have (your ID documentation, proof of ILR, her birth certificate) and confirming that your daughter has automatically obtained citizenship under under section 1 (1) (b) of the British Nationality Act 1981:-
http://www.legislation.gov.uk/ukpga/1981/61
You should then explain that you have in fact obtained a citizenship number but that you have now lost the cerficaite. You should refer also to the expired passport and your communication with the UKBA. A certified copy of each document should be annexed to the affidavit.

They should then be able to rely on this to process the application but it may take a little longer than normal.


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Kind regards,


Tom
Thomas and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

Tom,


 


Thanks for that. I will go to the British Embassy and try to find an attorney... unless you think I can hire any attorney here.


 


Thanks.


 


Katerina

Hi Katerina,

Thanks for rating my answer and very kind bonus.

It's not likely that the embassy will have a lawyer there who would draft the affidavit for you.

You're better off looking for an British solicitor based in the US to draft a Statutory Declaraiton, or simply getting a US attorney to draft an affidavit for you.

You can use the following to check for UK law firm branches in the US:-
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

Kind regards,

Tom
Customer: replied 3 years ago.

Thank you!

You're welcome.

Good luck.

Tom

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