Comparison of three options for British Citizenship

[margnic]

Notwithstanding that I have recently I submitted an application for citizenship, I would like to hear the views of the "learned" ones on the following:

Background

(1) My birth grandmother was born in the UK. She later moved to Australia (unmarried) and gave birth to my birth mother.

(2) My birth father was born in the UK. There was no marriage but my birth certificate shows my mother’s maiden name and his surname as her other known name. There is a DNA match to a direct descendant of his brother that shows the relationship as my first cousin, twice removed. I have documentation on my birth father’s birth and early life in the UK as well as where he lived in Australia (close to my mother). His parents were both born in the UK.

(3) My adopted father’s parents were both born in the UK. My adopted father was born in Australia but his military records (1940) show him as being a “natural born British subject”.

I think there is a possibility that any one of these options could potentially give me British citizenship. I am now seeking to determine, prima facie, which of these three options is likely to be the most successful?

[secret.simon]

(1) My birth grandmother was born in the UK. She later moved to Australia (unmarried) and gave birth to my birth mother.

Too many moving parts in this approach. Specific years would help. But you'd also want to look at Australian or even state/colonial laws to see if any subsequent marriage of your birth grandmother may have automatically altered the nationality choices of your mother.

(2) My birth father was born in the UK. There was no marriage but my birth certificate shows my mother’s maiden name and his surname as her other known name. There is a DNA match to a direct descendant of his brother that shows the relationship as my first cousin, twice removed. I have documentation on my birth father’s birth and early life in the UK as well as where he lived in Australia (close to my mother). His parents were both born in the UK.

If your birth father is named as your father in your birth certificate, Form UKF (see guidance) is a possibility. It seems DNA records could also be used instead of a father's name in the birth certificate.

There are no fees for your application to be considered under this process. You'll still need to pay £80 for the citizenship ceremony (which you still do need to go through) alongwith the form, but that will be refunded if the application fails.

I'm tempted to suggest that you look at this route as among these three, this is the most likely to succeed.

(3) My adopted father’s parents were both born in the UK. My adopted father was born in Australia but his military records (1940) show him as being a “natural born British subject”.

Most Old Commonwealth citizens were "British subjects" into the 1970s/80s (i.e. many Commonwealth countries gave their citizens that status). But that did not align with British nationality and immigration laws that narrowed down/tightened considerably in the 1960s with the end of empire. Your adoptive father would likely be a British citizen by descent today (because his parents were born in the UK), but it is unlikely that he would be able to pass that on further to you, regardless of whether you were his adopted or natural-born child.

There are procedures for registering children of British citizens by descent, but they require moving to the UK en famille and meeting multiple requirements before the child's 18th birthday.

EDIT: Looked at some of your older posts.
(a) There are no absence requirements for the Form UKF approach, if you want to go down that route.
(b) Since 1983, the only way to acquire Right of Abode is to be a British citizen. This explains the confusion of some on these forums about your wife having Right of Abode without British citizenship.

The only similar case that I know of is that of the late Baroness Gardner of Parkes, an Australian citizen with Right of Abode by marriage to an Englishman before 1983, so having some similarities in this regard with your wife.

[margnic]

Thanks secret.simon, that is very useful. I agree with your judgement and will focus my attention on my birth father being born in the UK. While my birth father is not shown on my birth certificate as my father, his surname is shown as the name my mother was known by at the time of my birth. Both my mother and my father were in a relationship with each other but were married to other people at the time I was born. I expect the only way I can "prove" that he is my father is to rely on the DNA information. Any advice you can throw my way on this issue will be appreciated?

As I said previously, I have now applied for naturalisation on the basis that I have ILR (since 2014) and I am now settled in the UK (own home, etc). My application was lodged on 10 December 2025 so I do not expect a decision from the HO for some time. If I was to also apply for naturalisation through Form UKF I can imagine that there could be an unwanted overlap between the two applications. Can you advise me on the best way forward here? For example, should I wait until I receive the decision on my current application before taking action on form UKF or should I start that process now? I do not want to create a problem in the HO that might be to my disadvantage.

[CR001]

Why would you want to submit another applicaiton? Both routes give the same end result. Getting approved for you current application would make you British otherwise than by descent and you will be British once you attend your ceremony. Not sure what you believe a form UKF application can do, added by the complications below. You can't apply for UKF if you are already British.l, if that makes sense.

Also please note that for the purpose of nationality legislation, a child born to a mother who was married to someone else at the time, but fathered by another man, the child is automatically considered the child of the mothers husband. Secret.simon could probably explain this more eloquently.

[margnic]

I take your point. My reasoning may not be great but I'm trying to establish what other options I may have if my current application is refused. My approval is dependant on the discretion of the Secretary of the Home Office as I have 520 days absent for the past five years (all for short-term, tourist based travels for my wife and me, both retired).

On further analysis, I do not think that using Form UKF will work anyway. The Guidance makes it clear that for children born before 1 July 2006, the case-worker may need to consider whether a child was
‘legitimate’ Given that both my mother and father weren't married to each other, I fall neatly into the category of being a 'bastard'.

I do appreciate the help the forum is giving me on this issue.

[contorted_svy]

Did you provide evidence of living in the UK for the last 7 years as well as proof of your strong links to the UK in your application? If you did, your absences should not be an issue as there are grounds for discretion.

[margnic]

Yes, I did. We have been in the UK since 2012 and we bought our first home here in 2014. In 2019 we sold our only home in Australia, and used the money from that sale plus the money from selling our first home in the UK to purchase our current home in London. I have no assets remaining in Australia. I believe that I meet all other requirements.

[secret.simon]

On further analysis, I do not think that using Form UKF will work anyway. The Guidance makes it clear that for children born before 1 July 2006, the case-worker may need to consider whether a child was ‘legitimate’ Given that both my mother and father weren't married to each other, I fall neatly into the category of being a 'bastard'.

Form UKF is literally specifically for people in your situation, of having a British citizen otherwise than by descent birth father who is unmarried to the birth mother.

The caseworker needs to assess if you were legitimate, because if you were, the form is unnecessary/invalid and you are already a British citizen by descent. A person who is already a British citizen can't be registered or naturalised again.

The relevant Section of the British Nationality Act 1981 is Section 4I.

Note that if you went through this route, you would become a British citizen by descent and be unable to pass on your British citizenship to any children born to you after the date of registration. But I presume that that is not a consideration for you.

Also please note that for the purpose of nationality legislation, a child born to a mother who was married to someone else at the time, but fathered by another man, the child is automatically considered the child of the mothers husband. Secret.simon could probably explain this more eloquently.

That is a good catch. Simply put, at the time of your birth, both your birth father and birth mother should have been "free to marry" and not have been married to somebody else. I am presuming that such was already the case.

[margnic]

Thanks to all for your help. On reflection, I think I'll sit and wait to see how my current application goes. I understand that the nature of a 'discretion' means that it could go against me but I am heartened by knowing that I do meet the criteria set out in Form AN: guidance - "Absences normally disregarded only if: you meet all other requirements and you have established your home, family and a substantial part of your estate here."

[contorted_svy]

From your previous posts, it is not clear whether the HO will consider your absences before the qualifying period started to be substantial or not. At this point you need to wait and see.