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INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11825
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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My son was born and lives in Australia and made application

Customer Question

My son was born and lives in Australia and made application for a British Passport on the grounds of natural descent, that is i was born and raised in the UK and hold a full British passport. I am stated on his birth certificate as his legitimate father, although his mother and i were never married.
I elected to be domiciled in Australia during my sons formative and educational years.
The British passport office for Australia, based in Wellington NZ, has refused the application due to the fact that the mother and father were never married.
Do we have grounds for an appeal as my son feels severely disadvantaged through no fault of his.
I thank you for any advice you may be able to offer.
This is a repeat of a previous question, i think i gave the wrong e-mail address and therefore didnt receive a reply.
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  INC replied 6 years ago.



Thanks for your question.


Whether or not a person is a British citizen depends on the type of citizenship their parents had. This may be British citizenship by descent or otherwise than by descent.


British citizenship may descend to one generation born abroad. So if a person is born outside the United Kingdom or qualifying territory and one of his/her parents was a British citizen otherwise than by descent, they will become a British citizen by descent.


If the person was born before 1 July 2006 he/she may not qualify if the parents were not married at the time of your birth.


However, a person is a British citizen otherwise than by descent if at the time of his/her birth one of his/her parents was a British citizen in Crown service, designated service, or service of a European Community institution and he/she was recruited to that service:


  • in the United Kingdom;
  • in the United Kingdom or a qualifying territory (if you were born on or after 21 May 2002); or
  • in the European Community (for service with a European Community institution).


If a person was born outside the United Kingdom or qualifying territory and his/her parents were British citizens by descent, they are not a British citizen.


I hope this answers your question. If so, kindly click accept.


If you wish to discuss, please feel free to ask further questions.


Kind regards,

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