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Unsuccessful application for Passport - Father born to RAF serving Father

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

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NickBeazley
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South Africa

Unsuccessful application for Passport - Father born to RAF serving Father

Post by NickBeazley » Tue Jul 30, 2019 2:42 pm

Hi. I hope that someone is able to give some input on my unsuccessful application.
My grandfather was in the RAF during WW2 and was stationed in Athens. While there, my grandmother gave birth in Athens and my father's birth was registered at the British Consulate in Athens. I have the original birth certificate confirming the above. My passport application was denied as my father was born in Athens. I find it confusing how a British citizen fighting for Britain in the RAF in WW2 looses his right to have his son declared a British citizen even though it was registered in the British Consulate. Thank you for your service but....
Any input would be greatly appreciated.
Thanks Nick

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CR001
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Re: Unsuccessful application for Passport - Father born to RAF serving Father

Post by CR001 » Tue Jul 30, 2019 2:44 pm

I split your post to its own topic as where you posted is related to applications for naturalisation as citizenship refusals.

Moderator secret.simon should be able to offer advice and ask any additional questions when he is online.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

hermanthegerman
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Germany

Re: Unsuccessful application for Passport - Father born to RAF serving Father

Post by hermanthegerman » Tue Jul 30, 2019 3:19 pm

It may be helpful if you post what year he was born and what year you were born, however my reading of the law is that because he is a British Citizen by decent he can not pass this on to you (https://www.gov.uk/apply-citizenship-br ... efore-1983).

Do you qualify another way? Were you born in the UK?

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CR001
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South Africa

Re: Unsuccessful application for Passport - Father born to RAF serving Father

Post by CR001 » Tue Jul 30, 2019 3:30 pm

hermanthegerman wrote:
Tue Jul 30, 2019 3:19 pm
It may be helpful if you post what year he was born and what year you were born, however my reading of the law is that because he is a British Citizen by decent he can not pass this on to you (https://www.gov.uk/apply-citizenship-br ... efore-1983).

Do you qualify another way? Were you born in the UK?
There are slightly different rules for persons born abroad to serving armed forces members.

The OP appears to be South African and would therefore qualify for an Ancestral visa or might want to look into the double descent possibility on form UKF.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

NickBeazley
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Joined: Tue Jul 30, 2019 2:30 pm
South Africa

Re: Unsuccessful application for Passport - Father born to RAF serving Father

Post by NickBeazley » Thu Aug 01, 2019 6:22 am

Thank you both for your reply.
My grandfather was a British subject by birth British Passport # xxxxx.
My father was born on xx November 1937.
His birth was registered at British Consulate on xx December 1939.
My grandfather served in the RAF from 1935 to 1943 and in the British army in the Middle East in 1943.
I have tried to search for his service number on a couple of sites.
Thanks
Nick

secret.simon
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Re: Unsuccessful application for Passport - Father born to RAF serving Father

Post by secret.simon » Thu Aug 01, 2019 2:11 pm

Where was your grandfather born? Was he married to the mother of your father at the time of your father's birth? When and where were you born? Also, are you certain that your grandfather served in the RAF and not an Allied, Commonwealth Air Force, such as the Royal Australian Air Force or the South African Air Force, which were separate and distinct armed forces?

Be aware that there were major changes to nationality law in 1948 (for the Old Commonwealth counties, including South Africa), 1971 and 1981. The 1971 change in particular required that, if born abroad, apart from descent in the male line from a British subject/CUKC, one also needed a close link to the UK (being either born, naturalised or registered in the UK or having either parent or a grandparent being born, naturalised or registered in the UK) in order to have acquired British citizenship in 1983.

You may also want to see this thread, which has similarities to your case.

Also see this post by me in another case. While it is not at all similar to your case, it contains many linnks that will help you understand the evolution fo the law in this field.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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