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Questions regarding registration and obtaining a passport

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Alieniloquium
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Questions regarding registration and obtaining a passport

Post by Alieniloquium » Tue Jun 27, 2006 12:54 pm

I was born in US to a British father and an American mother on October 29, 1982. It is my understanding, although my understanding has been proven wrong on most occasions, that I can register myself as a British citizen. My parents were married at the time and are still married. My father has retained his British citizenship.
I have the form to register my birth. Is this the most efficient way if I am trying to obtain a passport and travel to the UK? May I apply at the same time for a British passport as when I register my birth?
To complicate matters, I have an issue with my wife, who was born in Peru. The American immigration system has decided they do not like her much and have detained her for immediate removal back to Peru. I would like to be able to take her to the UK as soon as possible, which is why I am looking for the quickest way for me to obtain my passport. If the US can remove her before I get my British passport, which seems quite likely, I will be living in Peru with her. Will this complicate things?
Then I have issues with documentation. I am completely baffled by some of the requirements for a passport. Do I need some sort of official to be the countersignatory, or can it be any British citizen whom I have known for 2 years or more? I don't think I know any British citizen besides my father, unfortunately. The application for a passport also wants me to submit my US passport, but if I am to travel to Peru with my wife, I am going to need it. I have read of certified copies of my passport, but where do I get that made? I live in Florida, USA, by the way. Also, if I can register my birth and apply for a passport at the same time, may I use the same birth and marriage certificates of my parents for both applications? I worry that I will not be able to obtain multiple copies of my mother's US birth certificate in any reasonable time. I have one full copy of her birth certificate and their marriage certificate.
And my final question, does anyone know how long it takes to get all of this done? I see that it takes approximately four weeks to obtain a passport, but with the birth registration, how long does that add?
If no one can answer these questions, I don't even know where to begin to find someone who can help me with this. I have contacted my uncle living in London, but his knowledge of immigration is limited.
I apologize if my questions are silly or obvious, but my life in the US has been disrupted tremendously and I am in a state desperation! Thank you for any help you may provide.

ppron747
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Post by ppron747 » Tue Jun 27, 2006 6:34 pm

If your father was born in UK, was married to your mother at the time of your birth, and had not renounced his British nationality, then you are a British citizen, whether you choose to get your birth registered by the British Consulate or not.

Your father's (long-form) British birth certificate, your parents' marriage certificate (with evidence of termination of previous marriage(s) by either of them, if applicable) and your long-form US birth certificate (naming both parents) should be sufficient evidence of your claim to British citizenship.

There is no legal requirement for you to get your birth consular-registered - it is generally a good idea with young children who are going to be growing up in the UK - it gives them a British-style birth certificate that doesn't frighten or confuse doctors, schools, Dept of Health, future employers, etc. But it isn't essential, and might slow down your passport application if you were to apply for both at the same time.

Given that there isn't a defined "British community" in the USA, I would expect the passport-issuing office in Washington to be fairly lenient about the fact that you don't know any Brits to countersign your application. You may find they'd be content with someone "of standing" in your local community - school principal, doctor, etc. And if you already have a US passport, enclosing that with your UK passport application could only help to satisfy them that you are who you say you are.

The bad news is that I don't think that your wife will be able to apply for a spouse visa for UK while she is in the USA - they normally require the applicant to apply from the country of which they are a citizen, or in which they are legally resident, neither of which apply to your wife.

Have a look at this page on the UKVisas website for the requirements your wife will need to meet for a spouse visa.

One further, important, point - the foregoing hinges entirely upon your being legitimatelly descended from a father who is a British citizen otherwise than by descent. If your father is a British citizen by descent, I cannot see that you have a claim to British citizenship yourself...
|| paul R.I.P, January, 2007
Want a 2nd opinion? One will be along shortly....

Alieniloquium
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Post by Alieniloquium » Wed Jun 28, 2006 2:12 am

Thank you very much for your response. My father was born in the UK. I have a birth certificate of his, but I can only assume that it is not what you call "long form." As for my wife, because of our immigration problem, she will probably be in Peru, her country of citizenship.
My only concern is that you say I should provide my US passport. If I need that to travel to Peru, I can't give it to them. Will that toll phone number provided by the consulate be able to answer questions about this, or will I be wasting my money?
Again, thank you for your help.

JAJ
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Post by JAJ » Wed Jun 28, 2006 3:50 am

Alieniloquium wrote:Thank you very much for your response. My father was born in the UK. I have a birth certificate of his, but I can only assume that it is not what you call "long form." As for my wife, because of our immigration problem, she will probably be in Peru, her country of citizenship.
My only concern is that you say I should provide my US passport. If I need that to travel to Peru, I can't give it to them. .

Provide a certified copy of the ID page of your US passport instead.

Long form birth certificates can be obtained from http://www.gro.gov.uk

And speaking of birth certificates, once you have obtained your British passport, you should consider applying for your own British-style birth certificate from the British Embassy in Washington DC. One of the advantages is that it will save you the hassle of proving your citizenship every time you renew your passport in future.

ppron747
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Post by ppron747 » Wed Jun 28, 2006 7:38 pm

JAJ wrote:........Provide a certified copy of the ID page of your US passport instead......
Because of the way in which "notary public" badges tend to be given out like sweeties in certain US states, it may be that the Passport Section in Washington could be reluctant to accept a certified copy of this type.

Might be worth seeing if your nearest British consulate (Miami or Orlando?) might be able to do the certifying for you, which should allay any doubts they may have.
|| paul R.I.P, January, 2007
Want a 2nd opinion? One will be along shortly....

Alieniloquium
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Post by Alieniloquium » Wed Jun 28, 2006 7:47 pm

Ah, thank you. I was trying to find out exactly what a certified copy of a passport was.

Alieniloquium
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Post by Alieniloquium » Wed Jun 28, 2006 9:02 pm

According to the wonderful ABTRAN phone service, I am required to send my actual current US passport and a certified copy will not do, since I am applying for the first time. I think I am out of luck as I cannot abandon my wife in another country. They also say that I cannot apply from Peru, as I am not a resident or citizen of Peru (as ppron said would be the problem for my wife). They told me to call the Embassy in Lima, so I'll see what they say.

ppron747
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Post by ppron747 » Wed Jun 28, 2006 9:34 pm

The first point that comes to mind is that ABTRAN don't make the rules - they read a script. Given that the British Embassy in Washington and the British Consulate in (eg) Miami are both owned by the same Queen, I have to say that I would be astonished if the British Embassy in Washington were to refuse to accept that a copy of your US passport was genuine if it were certified by a British Consular official in the same country....

Having got that off my chest, if your wife is Peruvian, and is being sent to ... Peru, would your not going with her immediately be such an act of abandondment? It may be a foreign country to you and me, but isn't it home for her? Wouldn't it be better to equip yourself properly for the onward trip to UK (if that is still your intention) before you fly off to Peru?

You're certainly going to need a British passport - and the other evidence detailed on the UKVisas website - in order to apply for a UK spouse visa for your wife - and you may find it more of a challenge to get one from the British Embassy in Lima, where you presumably know even fewer qualified countersignatories than you do in Florida....
|| paul R.I.P, January, 2007
Want a 2nd opinion? One will be along shortly....

Alieniloquium
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Post by Alieniloquium » Wed Jun 28, 2006 10:02 pm

Well, I don't want to bore you with details of our situation, but my wife was very young when she entered the US with her parents and has never been back to Peru. It is a foreign country to her. She doesn't even know anyone there aside from relatives she's never met. While my opinion doesn't change my situation much, I contend that the US has a thoroughly disgusting immigration system that has made both of our lives exceedingly difficult. It is comforting, though, that you say that being certified by the British consulate should be sufficient. I can see the obvious solutions to this, but my wife will not appreciate them. While the prospect of relocating to a different country by force of the US government is traumatic, our subsequent separation is more traumatic.

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Post by ppron747 » Wed Jun 28, 2006 10:09 pm

I'll get down off my pulpit now, and content myself with wishing you both the best of luck...

kind regards
|| paul R.I.P, January, 2007
Want a 2nd opinion? One will be along shortly....

Alieniloquium
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Post by Alieniloquium » Thu Jun 29, 2006 3:20 am

I know. I am defying logic :) I appreciate all of your help. You've made it all much clearer, even if I am incapable of making the correct decision.

JAJ
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Post by JAJ » Thu Jun 29, 2006 4:36 am

Alieniloquium wrote:According to the wonderful ABTRAN phone service, I am required to send my actual current US passport and a certified copy will not do, since I am applying for the first time.
Phone enquiry lines that just read out a script are rarely worth the price of the phone call.

Although the forms do ask for foreign passports to be shown (which has the effect of making people think they will be confiscated) I didn't think this was a requirement in practise, barring significant concerns about the person's identity.

As Paul says, there is no reason for them not to accept a certified copy by a British consular official. Also bear in mind the passport fee is refundable, so they can't get any money for their work unless they issue you with the document.

Avoiding hassle like this at passport renewal time is a strong reason to get a British-style birth certificate.

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