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Thomas
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Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I am a British Citizen who was born in the UK in 1941 but spent

Resolved Question:

I am a British Citizen who was born in the UK in 1941 but spent approximately 30 years working in Australia. I am now back living in the UK. My son was born in Australia in March 1978 and has lived all is life in Australia and is currently still living there. His father, from whom I am divorced, is Australia. My son wishes to have dual nationality. My query to you is whether my son can apply for a British Passport.
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your question.

He would not be able to apply for a passport straightaway because he is not automatically entitled to UK citizenship without registration because of the fact that British born mothers could not pass on their UK citizenship by descent until 1983.

This means that he would have to register as a British Citizen First:-
http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/nationality/guide_ukm.pdf
This means that he must first apply for registration using the UKBA’s form UKM and send the appropriate supporting documentation. Here is the page on this and you will see there is a link to the form and the associated guidance.
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/registration/britishmother/

He will obtain British Citizenship by descent which means that he cannot pass his citizenship on to any of his children born outside the UK.

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I will answer your follow up questions you may have.

Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6445
Experience: BA (Hons), PgDip, Practising Solicitor
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