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Child born overseas after naturalization, but before ceremon

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

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crow12
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Child born overseas after naturalization, but before ceremon

Post by crow12 » Sun May 20, 2018 1:08 pm

Dear Experts,
I need your help.
I am in very similar situation, I didnt want to open a new thread since my case may be good addition to this thread.

My daughter was born abroad on 16/08/2017.
My citizen ceremony was already booked for 01/09/2017.
At the time of my daughter's birth my wife was on FLR spouse visa which was set to expire on 30/12/2017.
I took a lawyer's advice and applied for settlement dependent VISA (VAF4A) for both my wife and daughter on 20/12/2017.
While my wife visa has been approved in April-2018, but HO has kept my daughter visa decision pending.
Meanwhile....
I got an email from HO (sheffiled), that they think my daughter may be eligible for British Citizenship as their record says I acquired citizenship before my daughters birth (i.e. the date I got invitation for oath/ceremony).
They are asking evidence why I think my daughter is not british citizen.

This is very strange...but..
Please experts can you provide any link/guide/law which says the "date of ceremony" is the "date of acquiring citizenship"? and also any help what I should reply please to HO?

Thanks a ton

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CR001
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Re: Child born overseas after naturalization, but before ceremon

Post by CR001 » Sun May 20, 2018 3:50 pm

The date of ceremony is when you become British once you have pledged the oath and received your certificate.

What date is on your certificate of naturalization?

If this date is after your daughters birth, then she is not british by descent.

An invitation letter or approval letter is just that, a letter.
Char (CR001 not Casa)
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crow12
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Re: Child born overseas after naturalization, but before ceremon

Post by crow12 » Sun May 20, 2018 5:04 pm

Thanks Char.
The date on my certificate is 01/09/2017 (which is after the birth of my daughter).
Is ther any reference for the rule you just quoted please??

"The date of ceremony is when you become British once you have pledged the oath and received your certificate. "

I need to send that to the caseworker who is keeping my daughter visa pending for over two months saying "...withdraw your application and apply for british citizenship or provide evidence why you think you are not british....?"
How should I convince the case worker, please help?

crow12
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Re: Child born overseas after naturalization, but before ceremon

Post by crow12 » Mon May 21, 2018 5:29 pm

Please help me to find the reference for this ...

"The date of ceremony is when you become British once you have pledged the oath and received your certificate. "

Thank you

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Casa
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Re: Child born overseas after naturalization, but before ceremon

Post by Casa » Mon May 21, 2018 5:41 pm

From the official guidance for anyone not exempted from swearing an allegiance: Page 19
"Everyone else, including British protected persons, must take an oath of allegiance before they can become British citizens.
AND
An oath is conditional as it is taken before a certificate of registration or naturalisation
is issued
. The form of an oath of allegiance is given in Schedule 5 to the 1981 Act.

AND (PAGE 21)
All applicants (except those who are not of full age) are required to make an oath and pledge at a citizenship ceremony before they are registered or naturalised as a British citizen. As an alternative to the oath, applicants may make an affirmation of
allegiance.


https://assets.publishing.service.gov.u ... 1.0EXT.pdf
(Casa, not CR001)
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crow12
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Re: Child born overseas after naturalization, but before ceremon

Post by crow12 » Mon May 21, 2018 7:29 pm

Thanks a lot for your help, much appreciated.

vinny
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Re: Child born overseas after naturalization, but before ceremon

Post by vinny » Tue May 22, 2018 12:50 am

crow12 wrote:
Sun May 20, 2018 5:04 pm
The date on my certificate is 01/09/2017 (which is after the birth of my daughter).
This is the reason why child isn’t British.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given 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.

crow12
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Re: Child born overseas after naturalization, but before ceremon

Post by crow12 » Tue May 22, 2018 12:43 pm

Correct vinny.. hence I rightly applied for dependent visa.. but HO is wrongly quoting the date I got invitation as the date I acquired citizenship.

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