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Applying for British passport after over 50 years after birth

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

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kc90
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Joined: Wed Jan 30, 2019 4:03 pm
India

Applying for British passport after over 50 years after birth

Post by kc90 » Wed Mar 13, 2019 10:54 pm

Hi everyone,

This question isn't for my citizenship application, but for one of my relatives' application for a British passport. I hope that is okay for me to do so. Please accept my apologies if this is not allowed here.

Basically, my relative was born in the UK before 1983 (1968 to be precise) and only recently found out that by birth, at the time she was born, she was automatically British - her parents did not know that this was a possibility, and chose to apply for an Indian passport. Currently, she is still an Indian citizen with an Indian passport. She is now in the process of applying for her British passport, but there are a few issues that are keeping her from proceeding.

1) She has her UK birth certificate, so there is no problem here.

2) She is required to submit the passport of both her parents that covered the time of her birth. She only has her mom's passport, but couldn't find her dad's passport. She does have a work certificate from her dad's employer that states that he was here during the period surrounding her birth. Is that sufficient?

3) She doesn't have either of her parents' birth certificates. She is trying to see if they can get them reissued with the local government offices in India. However, she has the school certificates of both parents showing their dates of birth - she is not sure if this is a suitable alternative.

4) One of the major sticking points is the question: why has she waited just over 50 years to apply for her British passport? Can it simply be that she was not aware that she was unaware that she was British by birth? Any advice here will be really appreciated.

5) She is not sure how to answer the following question(s): does she plan to live (and work) in the UK? She is settled in India, and is working as an English (as a second language) teacher. If she says that she is not planning to come to the UK, will it be an issue for the passport application?

I would like to thank you all in advance for any advice you can give us :-)

sunburn
Member
Posts: 152
Joined: Fri Jun 29, 2018 3:50 pm
United States of America

Re: Applying for British passport after over 50 years after birth

Post by sunburn » Thu Mar 14, 2019 1:06 am

She does not require her parents' passports or birth certificates in order to get a first British passport. Those parental details are not relevant since she gained British citizenship by birth. She just needs to prove her own identity, i.e. her GRO birth certificate, marriage and associated name change, and current valid ID (PAN/Aadhaar/passport). There is no problem with stating that she doesn't plan to live in UK. She's not required to.

The same situation as hers applied to my mother, who is UK born and had no clue she was British until she was in her 50s too, and I am a UK citizen through her.

The biggest problem here is how are you planning to handle her Indian residency once she has a British passport in hand while residing in India ? The moment she applies for and gets her British passport, she loses Indian citizenship.

vinny
Moderator
Posts: 28562
Joined: Tue Sep 25, 2007 7:58 pm

Re: Applying for British passport after over 50 years after birth

Post by vinny » Thu Mar 14, 2019 8:23 am

Alternatively, apply for a CoE-RoA.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

bookerw100
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Posts: 149
Joined: Thu Aug 10, 2017 7:40 pm

Re: Applying for British passport after over 50 years after birth

Post by bookerw100 » Thu Mar 14, 2019 5:05 pm

sunburn wrote:
Thu Mar 14, 2019 1:06 am
She does not require her parents' passports or birth certificates in order to get a first British passport. Those parental details are not relevant since she gained British citizenship by birth. She just needs to prove her own identity, i.e. her GRO birth certificate, marriage and associated name change, and current valid ID (PAN/Aadhaar/passport). There is no problem with stating that she doesn't plan to live in UK. She's not required to.

The same situation as hers applied to my mother, who is UK born and had no clue she was British until she was in her 50s too, and I am a UK citizen through her.

The biggest problem here is how are you planning to handle her Indian residency once she has a British passport in hand while residing in India ? The moment she applies for and gets her British passport, she loses Indian citizenship. One gets 3 months grace to renounce Indian nationality from date of registration as British national.

sunburn
Member
Posts: 152
Joined: Fri Jun 29, 2018 3:50 pm
United States of America

Re: Applying for British passport after over 50 years after birth

Post by sunburn » Thu Mar 14, 2019 5:30 pm

bookerw100 wrote:
Thu Mar 14, 2019 5:05 pm
[/u] One gets 3 months grace to renounce Indian nationality from date of registration as British national.
Thanks. Could you also please quote any Govt of India / MEA website on this for reference ?

bookerw100
Member
Posts: 149
Joined: Thu Aug 10, 2017 7:40 pm

Re: Applying for British passport after over 50 years after birth

Post by bookerw100 » Thu Mar 14, 2019 5:42 pm

sunburn wrote:
Thu Mar 14, 2019 5:30 pm
bookerw100 wrote:
Thu Mar 14, 2019 5:05 pm
[/u] One gets 3 months grace to renounce Indian nationality from date of registration as British national.
Thanks. Could you also please quote any Govt of India / MEA website on this for reference ?
Here you go all the info you need on renouncing Indian nationality.
https://www.vfsglobal.com/india/uk/Surrender.html

sunburn
Member
Posts: 152
Joined: Fri Jun 29, 2018 3:50 pm
United States of America

Re: Applying for British passport after over 50 years after birth

Post by sunburn » Thu Mar 14, 2019 5:47 pm

bookerw100 wrote:
Thu Mar 14, 2019 5:42 pm
Here you go all the info you need on renouncing Indian nationality.
http://www.vfsglobal.com/india/australi ... ports.html
Yes I'm familiar with the NRI procedure firsthand myself :-) However, it is not clear to me that the circumstances are the same when the person is resident in India vs non resident abroad.

I'm aware that there's a grace period for renunciation when acquiring another passport while an NRI. However, a resident becomes immediately an overstayer/out-of-status foreigner the moment they acquire a new passport while resident within India, something that does not apply to an NRI.

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