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British Citizen

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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Ossinash
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British Citizen

Post by Ossinash » Thu Mar 26, 2015 11:15 pm

Hi There,

So my family migrated to the UK 20yrs ago and gave a birth certificate that showed a different place of birth cause they didnt have my org one with them, I now found it after growing up and doing my own research to get it.

I want to go to home office and give them my new birth certificate to change and update, will that be an issue for my parents? will i cause any issues to them??

i.e. let's say for example i was born in Lahore, Pakistan but my parents gave a birth certificate to say i was born in Nerobi, Kenya. so now i want to go to home office and say hold on i was born in Lahore, Pakistan not Kenya

is that possible?

Thanks,
Ossi

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Casa
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Re: British Citizen

Post by Casa » Fri Mar 27, 2015 9:15 am

If they submitted a false document, yes it could be a problem.
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gozo1
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Re: British Citizen

Post by gozo1 » Sat Mar 28, 2015 8:47 am

Is your date of birth the same? If the difference is just the place birth, then it wont be material, but your actions may soon subject scrutiny of all the documents submitted to the home office by your parents.

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Casa
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Re: British Citizen

Post by Casa » Sat Mar 28, 2015 9:07 am

If the country of birth is shown as different (which the OP says it was), then it may not be that simple
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

gozo1
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Re: British Citizen

Post by gozo1 » Sat Mar 28, 2015 10:22 am

Except if it was an asylum case, I haven't seen how a place of birth would have changed the outcome of an application.

Obie
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Re: British Citizen

Post by Obie » Sat Mar 28, 2015 10:30 am

False information can be a problem. But the false information or deception has to be material to the successful application for there to be a significant problem.

If the place where the person was born could not have made a difference and he would have qualified in any event, then I don't see a problem, or at least a major one.
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vinny
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Re: British Citizen

Post by vinny » Sat Mar 28, 2015 11:18 am

Does false representation need to be material (29 > 40(3))?
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Obie
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Re: British Citizen

Post by Obie » Sat Mar 28, 2015 11:41 am

We are in the territory of Nullity vs Deprivation here.

I am interested to know whether it was a mistake by the Kenya ' s authority, or whether the parent deliberately sought immigration advantage by fraud.
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Casa
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Re: British Citizen

Post by Casa » Sat Mar 28, 2015 12:10 pm

It appears to be a decision made by the parents.
"gave a birth certificate that showed a different place of birth cause they didnt have my org one with them"
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Amber
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Re: British Citizen

Post by Amber » Sat Mar 28, 2015 1:22 pm

If the fraud, false representation or concealment of material fact did not have a direct bearing on the grant of citizenship, it will not be appropriate to pursue deprivation action.
And
If the person was a child at the time the fraud, false representation or concealment of material fact was perpetrated, the caseworker should assume that they were not complicit in any deception by their parent or guardian.
Therefore, deprivation shouldn't be an issue.

Remember,
Where an application is made for the grant of citizenship and the applicant has given some genuine information but tried to hide their real identity by concealment or false representation that may potentially be treated as a nullity
The types of concealment or misrepresentation of specific identifying particulars that could lead to a grant of citizenship being treated as a nullity are: .....Giving a false place of birth;
A grant of British citizenship or registration as a British citizen should be treated as a nullity where the applicant has concealed or misrepresented such identifying particulars to such a degree that they can be said to have adopted a false identity in the sense of false attributes. The decision will be specific to each case. It will be a question of fact and degree depending on the nature, quality and extent of the fraud, deception or concealment. Caseworkers should read the case law and scenarios below before coming to a decision.
However, as the applicant was a child at the time, this should also not give grounds to nullity.

See also, Chapter 55: Deprivation and Nullity of British citizenship
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gozo1
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Re: British Citizen

Post by gozo1 » Sat Mar 28, 2015 1:59 pm

A bit of over complication , the point would be if it is material or not, it appears prima facie immaterial.

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