'British by Descent' v 'Otherwise than...'
Posted: Fri Mar 30, 2018 11:29 pm
Hello,
I am a bit of an interesting case, and I am interested in people's opinion about whether there is a chance my future children may be entitled to British Citizenship by descent
I was born in Ireland in 1985 and adopted by an Irish born mother and British born father. I would have been entitled to be registered as a British Citizen Otherwise than by descent, had my parents registered me as an adopted child born in Ireland with the UK Home Office, before the age of 18 but this wasn't done unfortunately. If I were registered, I would have become a British Citizen Otherwise than by Descent.
Since I wasn't registered before 18, as an adult I didn't believe I had any ongoing right to British Nationality. As an aside this time limit felt discriminatory to adopted people, however I accepted it as a reality.
A few years ago I was reunited with my biological mother. It turns out she was born in the UK, so is a British citizen otherwise than by descent. Since the British Nationality Act defines 'mother' as 'woman who gave birth to the child', I was in fact automatically a British Citizen by descent at the time of my birth.
I have applied to the Home Office for a NS letter (the complication was that the HO required evidence that I am the same person as my birth name and adopted name, in the absence of documentation due to the closed nature of adoptions in Ireland in the 80's, so they are requesting a DNA test to prove her maternity. This is being done and there is no doubt I will receive the status letter when this is clarified).
So on the face of it it looks like I will be British by Descent trough my biological mother, but had the potential to be British Otherwise than by Descent through my adoptive father if I was registered before the age of 18.
Does anyone with detailed knowledge about the various Acts know a way around this ie through Double Descent or otherwise, so that my potential children have a way to inherit British Citizenship, or is there any way to argue to have my status 'upgraded' so to speak?
I am a bit of an interesting case, and I am interested in people's opinion about whether there is a chance my future children may be entitled to British Citizenship by descent
I was born in Ireland in 1985 and adopted by an Irish born mother and British born father. I would have been entitled to be registered as a British Citizen Otherwise than by descent, had my parents registered me as an adopted child born in Ireland with the UK Home Office, before the age of 18 but this wasn't done unfortunately. If I were registered, I would have become a British Citizen Otherwise than by Descent.
Since I wasn't registered before 18, as an adult I didn't believe I had any ongoing right to British Nationality. As an aside this time limit felt discriminatory to adopted people, however I accepted it as a reality.
A few years ago I was reunited with my biological mother. It turns out she was born in the UK, so is a British citizen otherwise than by descent. Since the British Nationality Act defines 'mother' as 'woman who gave birth to the child', I was in fact automatically a British Citizen by descent at the time of my birth.
I have applied to the Home Office for a NS letter (the complication was that the HO required evidence that I am the same person as my birth name and adopted name, in the absence of documentation due to the closed nature of adoptions in Ireland in the 80's, so they are requesting a DNA test to prove her maternity. This is being done and there is no doubt I will receive the status letter when this is clarified).
So on the face of it it looks like I will be British by Descent trough my biological mother, but had the potential to be British Otherwise than by Descent through my adoptive father if I was registered before the age of 18.
Does anyone with detailed knowledge about the various Acts know a way around this ie through Double Descent or otherwise, so that my potential children have a way to inherit British Citizenship, or is there any way to argue to have my status 'upgraded' so to speak?