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Howard
Howard, Immigration Lawyer
Category: UK Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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Hello I am British and 44 years old. I have British parents

Resolved Question:

Hello
I am British and 44 years old. I have British parents and grandparents and a British sister and one British daughter - but my parents went to live un Australia for approx four years in the sixties. I was born there. So i have an Australian and a British passports. We returned to the Uk when I was one year old. I went to school and University in the Uk. My family all still live in the Uk. When I was 23 I moved to the Netherlands. I had a daughter and she got a British passport. Then recently I had a secind daughter in the Netherlands. I applied for a passport for her from Paris. She was refused. They gave the reason that she is second generation born abroard so doesnt qualify. And I need to get her recognised in the uk via citizenship I think its called. However its so expensive and I cannot prove I lived, studied and worked in the Uk for 22 years. What is the best way to get her a British passport ? Can I apply again for a passport in the Uk ? Can I do a simpler citizenship process for a baby ? The passport office in Paris refused her and said my father was Australian which he was not true. They ignored my correspondence aftervte refusal and took my paperwork when I tried to appeal but they are impossible to contact. I cannot understand why my first daughter got a passport and the second child has to get citizenship before she is able to get a passport. Can I try somewhere not Paris passport office ? I cant afford to pay for citizenship at 500 pounds if she also gets refused.
thank you for advice
Cathie Ellis
Submitted: 11 months ago.
Category: UK Immigration Law
Expert:  Howard replied 11 months ago.
This seems to be happening far too often these days.

The relevant page on the Home Office website is here:

http://bia.homeoffice.gov.uk/britishcitizenship/eligibility/children/britishcitizen/bornabroad/

A British Citizen otherwise than by descent essentially means born in the UK (your mother and father). You are a British Citizen by descent as you were born overseas to British parents. You can pass this down one generation to children born outside the UK and so your application should have been approved, as it was for your first child.

Clearly they have refused on an incorrect basis and you should push them for a reconsideration or simply make a new application and ensure that you include your birth certificate clearly showing your father's nationality as British. The second option might be quicker. If they still have your original documents then you need to push them very hard - email, telephone, perhaps even turning up and making a fuss - it is quite disgraceful for a British Citizen to be treated in this way by their own Government offices and you have a right to be indignant about this.
Customer: replied 11 months ago.
Ok. Thank you. Good to know I have a right to contest it. The Paris office make it a nightmare to contact them and reply saying your case is "closed and no" - taking the fee of course. I have paid the application fee once of approx 150 euros and think its crazy to retry hoping a secind time will be different. But I do want to make a third attempt at an appeal. If this fails though do you know if I am obliged to apply as an overseas citizen via the consulate abroard or can I also use the passport offices in the Uk like Liverpool instead of Paris ?
Thank you for clarifying that I can pass it on to my children. It seemed strange to only pass it onto one of them !
Expert:  Howard replied 11 months ago.
It must be a terribly stressful time for you but know that you will get this sorted eventually. If you have the original documents then I would expect you can apply using the following:

https://www.gov.uk/overseas-passports

Once you get it sorted out then demand a refund.
Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
Howard and other UK Immigration Law Specialists are ready to help you

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