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Registering Overseas birth

Posted: Tue Jun 18, 2013 2:47 pm
by maggeo
Hi everyone,

Today I visited the consulate in Nicosia, Cyprus and I was told by the friendly lady behind the counter that my newborn daughter is not eligible in receiving a UK birth certificate because neither I (a British citizen by birth) or any of my two parent's (both of whom are British citizens as well) were born in the UK. My father on the other hand who was born to British parents (my grandparents), who served in the military, was born in a British military base in Cyprus, which is why I do not see why he would not be viewed as having been born in the UK at least. Furthermore, nowhere does it mention on the FCO website when filling out the questionnaire for registering overseas births that me or my own parent's even had to be born in the UK in order for my newborn to be registered but only that one of the child's parents must be a UK citizen. Could someone in this lovely forum please clarify this information with me and whether this statement about not being born in the UK to register my daughter's birth holds true. I have searched FCO and border agency websites but there is no mention of this.  Thank you!

Re: Registering Overseas birth

Posted: Tue Jun 18, 2013 6:22 pm
by Ayyubi72
maggeo wrote: because neither I (a British citizen by birth) or any of my two parent's (both of whom are British citizens as well) were born in the UK.
So, you are British by birth but not born in UK? How does that work?

Re: Registering Overseas birth

Posted: Tue Jun 18, 2013 6:26 pm
by Amber
Ayyubi72 wrote:
maggeo wrote: because neither I (a British citizen by birth) or any of my two parent's (both of whom are British citizens as well) were born in the UK.
So, you are British by birth but not born in UK? How does that work?
British by descent and thus her/his children if born abroad will not be automatically British. Though I've not read it properly as on mobile but assume that is what op means.

Posted: Tue Jun 18, 2013 7:58 pm
by maggeo
British by descent, meaning I got my citizenship from my father although I was not born in the UK either. I guess this rule does not apply anymore.

Posted: Tue Jun 18, 2013 8:12 pm
by Amber
maggeo wrote:British by descent, meaning I got my citizenship from my father although I was not born in the UK either. I guess this rule does not apply anymore.
That the problem you were not born in the UK so your citizenship is by descent (descent from your parents). Although you were British at birth you cannot pass this on if your children were born outside the UK. What about the child's father?

Posted: Tue Jun 18, 2013 8:15 pm
by maggeo
I am the child's father. :D

Posted: Tue Jun 18, 2013 8:15 pm
by Amber
maggeo wrote:I am the child's father. :D
**The child's mother?

Posted: Tue Jun 18, 2013 8:16 pm
by maggeo
Cypriot

Posted: Tue Jun 18, 2013 8:19 pm
by Amber
maggeo wrote:Cypriot
Then see here (click) and read the bottom carefully.

Posted: Tue Jun 18, 2013 8:46 pm
by maggeo
read it. I tick all the boxes for passing my citizenship to my daughter, nowhere does it say that me or my parent's had to be born in the UK for my own newborn daughter to be eligible to get a UK birth certificate which is what was told to me today at the consulate.

Posted: Tue Jun 18, 2013 8:52 pm
by Amber
maggeo wrote:read it. I tick all the boxes for passing my citizenship to my daughter, nowhere does it say that me or my parent's had to be born in the UK for my own newborn daughter to be eligible to get a UK birth certificate which is what was told to me today at the consulate.
If you tick all the boxes it means your child will be entitled to register as British under section 3(2) or more favorably section 3(5) if you can get him/her to the UK. Only once the child was registered would the child be British. In order to register a birth abroad you’ll need proof that the child is a British citizen.

Posted: Tue Jun 18, 2013 8:55 pm
by boloney
maggeo wrote:read it. I tick all the boxes for passing my citizenship to my daughter, nowhere does it say that me or my parent's had to be born in the UK for my own newborn daughter to be eligible to get a UK birth certificate which is what was told to me today at the consulate.
if you read info in the link provided you will notice that you may be eglible to register your child as citizen, not register birth.
You child is't British Citizen yet but you maybe able to register her as such, only for over £500 at HO discretion.

Posted: Tue Jun 18, 2013 9:03 pm
by Amber
boloney wrote:
maggeo wrote:read it. I tick all the boxes for passing my citizenship to my daughter, nowhere does it say that me or my parent's had to be born in the UK for my own newborn daughter to be eligible to get a UK birth certificate which is what was told to me today at the consulate.
if you read info in the link provided you will notice that you may be eglible to register your child as citizen, not register birth.
You child is't British Citizen yet but you maybe able to register her as such, only for over £500 at HO discretion.
It is not at discretion it is an entitlement to register.

Posted: Tue Jun 18, 2013 9:15 pm
by boloney
D4109125 wrote:
boloney wrote:
maggeo wrote:read it. I tick all the boxes for passing my citizenship to my daughter, nowhere does it say that me or my parent's had to be born in the UK for my own newborn daughter to be eligible to get a UK birth certificate which is what was told to me today at the consulate.
if you read info in the link provided you will notice that you may be eglible to register your child as citizen, not register birth.
You child is't British Citizen yet but you maybe able to register her as such, only for over £500 at HO discretion.
It is not at discretion it is an entitlement to register.
sorry did't know this.

Posted: Mon Jun 24, 2013 9:30 am
by maggeo
This is what the lady at the consulate in Cyprus told me via email:

`You are not entitled to pass down entitlement to British Citizenship to your daughter as you got your nationality by descent, see paragraph below:

British citizenship may descend to one generation born abroad. So if you were born outside the United Kingdom or qualifying territory and one of your parents was a British citizen otherwise than by descent, you are a British citizen by descent. If you were born before 1 July 2006 you may not qualify if your parents were not married at the time of your birth.

Further details may be found at the following website:

 

http://www.ukba.homeoffice.gov.uk/briti ... noverseas/'

p.s. Thank you all for your feedback. Appreciate it hopefully I can sort this out somehow.

Posted: Mon Jun 24, 2013 9:33 am
by maggeo
boloney wrote:
maggeo wrote:read it. I tick all the boxes for passing my citizenship to my daughter, nowhere does it say that me or my parent's had to be born in the UK for my own newborn daughter to be eligible to get a UK birth certificate which is what was told to me today at the consulate.
if you read info in the link provided you will notice that you may be eglible to register your child as citizen, not register birth.
You child is't British Citizen yet but you maybe able to register her as such, only for over £500 at HO discretion.

Could you please explain this further, I do not see any mention of this on the website. Thanks :D

Posted: Thu Jul 04, 2013 12:00 pm
by maggeo
I thought I would re-open this topic with a few more details about my background and hopefully someone can explain to me the reason for not being able to apply for UK citizenship for my newborn daughter:


Me: British by descent (from my parents), born abroad while parents on business. Not married to the mother of my newborn (yet).

My Father: British otherwise than by descent, born on a British Military base in Cyprus.

My Mother: British otherwise than by descent, born in Cyprus (while Cyprus was also still a British colony). After she married my father she received her British citizenship from him.

My Gradparents (father's side): British, served 27 years in the British Army.

My daughter: Born in Cyprus, to a Cypriot mother.

Question; Why and where does it say that I am not eligible to pass my British citizenship to my daughter? This is what was told to me by the consulate in Cyprus.

Posted: Thu Jul 04, 2013 12:09 pm
by Amber
maggeo wrote:I thought I would re-open this topic with a few more details about my background and hopefully someone can explain to me the reason for not being able to apply for UK citizenship for my newborn daughter:


Me: British by descent (from my parents), born abroad while parents on business. Not married to the mother of my newborn (yet).

My Father: British otherwise than by descent, born on a British Military base in Cyprus.

My Mother: British otherwise than by descent, born in Cyprus (while Cyprus was also still a British colony). After she married my father she received her British citizenship from him.

My Gradparents (father's side): British, served 27 years in the British Army.

My daughter: Born in Cyprus, to a Cypriot mother.

Question; Why and where does it say that I am not eligible to pass my British citizenship to my daughter? This is what was told to me by the consulate in Cyprus.
Because you are British by descent and your child was born abroad. If you were British otherwise than by descent the child would be British. The child still has entitlement to register as British but you should try and do this when in UK as this will allow the child to be British otherwise than by descent under section 3(5). Read the link I posted above.