Consular Birth Registration Certifcate Error?

[mikey1981]

Evening all. My question is a relatively simple one but the background is comparitively complicated so here goes...

Q. Consular Birth Registration shows child and also the father's claim to citizenship as BNA 1981 S11(1). However I think this is wrong as the childs claim is under the BNA 1948 S5(I) - as comfirmed by HMPO FOI request and the fathers claim is under BNA 1948 S6(I)(a) - as confirmed by Home Office registration certificate issued in 1972.

Surely the registration certificate should show the BNA 1948 S(5)(I) and S6(I)(a) respectively and not jusy BNA 1981 S11(1) as has been inserted by the FCO? The FCO claim as Section 5 and 6 of the 1948 Act have now been repealed it is no longer relevant and so cant be stated on the consuar birth registration. ARE THEY CORRECT IN THIS ASSERTION?
Shouldnt the consular birth certificate show the facts as they were at the time of the birth and not as they are now? BNA 1981 hadn't been enacted yet at the time of the birth of the child (30.06.1981)

Background: Grand Parents British otherwise than by descent born in then India and registered as CUKC's in the 1960's.

Father British otherwise than by decent born in then Pakistan and registered as CUKC in 1972 under the BNA 1948 S6(I)(a)

Mother British otherwise than by descent born in then Pakistan and registered as a British Citizen in 1987 under BNA 1981 S8(1).

Child British by descent born in Bangladesh in 1981 (today).

Father and mother lawfully married in July 1975 - so 6 years before childs birth and were (and still are) married at the time of the childs birth in 1981.

Consular birth registration application made in 2009. Issued (finally) in June 2015 but says BNA S11(1) under citizensjip claim. But as the BNA did not come into effect until 01.01.1983 it couldnt have applied to the father (British since 1972) nor the child who has been British since birth on 30.06.1981, ie BNA 1981 did not exist when the father nor child became British. Surely the way the FCO have written BNA 1981 S11(1) on the certificate is not only wrong but also misleading.

Can anyone advise what can be done/said please?

Thank you in advance for any assistance.

[PrestonLancs]

Write whatever you have written here to British High commission, and see what they say in reply.

[mikey1981]

Thanks. So I have written to the FCO (they do ALL registrations in Milton Keynes now and no longer at each respective Mission overseas) and have been waiting for their response. I have written to them again just now and said:

I would be suprised to learn that I am the first person ever who qualified under the old act (1948) but was registered when it had been replaced by the new act (1981). That being the case what did everyone else have inserted on their certificate under the same cirucmstances? The fact that you needed to take reference from legal/policy team suggests it may have been the first you have come across in the new unit? I know of several people who were born to British parents like myself, in other parts of the Commonwealth, who had registered their births during the new act but qualified under the old act - whilst it was still done directly at the Missions overseas - and their certificates state the original legislation they qualified under.

My concern is my certificate effectively re-writes history. My fathers registration certifcate clearly says he is registered under the BNA 1948 Section 6(1)(a) which was issued on 04/07/1972. For another document, the certificate you have issued me, to then contradict this and say BNA 1981 S11(1) seems bizarre at best and fraudulent (on my/my fathers part) at worst. Certainly I can not think of another instance or circumstance under which the original legislation that applied is no longer referenced, even if it has been repeelled and replaced, and instead the modern day version inserted instead. I also cannot see any harm in it simply stating "British Nationality Act 1948 S6(1)(a)" as that is the truth.

Similarly for me, I have taken reference and I definitely qualified under he BNA 1948 S5(I) so do think to insert the modern day version of BNA 1981 S11(1) does seem at odds to the actual facts. So again I also cannot see any harm in it simply stating "British Nationality Act 1948 S5(I)" as that is the truth.

I would be grateful if you could reconsider this small, but I would suggest pivotol, matter as without the correction it deminishes the value of the certificate by not unilaterally confirming the specific Act and section my (and my fathers too) claim to Citizenship fell under at the time of birth. Certainly had the BHC Dhaka issued the registration as they should have in 2009 at the time of the original application they would have referenced the old BNA 1948 Act (based on other peoples experience).

At the very least I would welcome sight of the guidance you are working to that would cover this point in the circumstances in question as I believe descetion is at the Registration Officers disposable (as you would not be altering the facts if the original 1948 Act was referred to instead).


Lets see what they say. Will post the reply i get.