Reconsideration refused - Cannot prove children are British?

[lovetheworld]

Hello there I applied for reconsideration on My case in October of last year, after waiting 8 months and hearing nothing I complained to My MP and the Ombudsman for failure to acknowledge My reconsideration aswell as the fact I felt it was wrong My initial case was refused with no right to appeal , anyway I wanted to ask a Question which I feel is quite strange however perhaps I have missed something, I am Jamaican I have three British children born and living in the UK I sent all of their birth certificates into the Home Office, on My reconsideration refusal they have stated that I failed to prove My children are British Citizens?

I presumed a UK Birth certificate was proof enough they were?

I realise it seems a little daft or perhaps as I said I'm the one missing something I shall be intrigued to see the reasoning behind it, thank you!!

[Lucapooka]

I presumed a UK Birth certificate was proof enough they were?

Actually, no, not at all. A birth certificate is a legal requirement and every live birth in the UK is given one. It has no relevance to the child's nationality in itself. A child born in the UK (and granted a birth cert.) would only be British if either of the parents were settled or British themselves. Children of parents who are not settled (migrant workers for example) will take the nationality of their parents, and will not be British unless and until one of the parents acquires ILR settled status.

Were you or the mother settled or British at the time of the children's birth? Are you or the mother settled or British now?

[Jambo]

If born after 1983, a UK birth certificate is not a proof of British citizenship. A child born in the UK to parents on a working visa will receive a UK birth certificate but is not British.

A copy of their British passport would have proved their citizenship.

You haven't provided any details about your case and why it was rejected but in general there is never a right of appeal for naturalisation application. What you can ask for is reconsideration. The fact that a person children are already British is normally not a factor in the decision to grant him citizenship as well.

EDIT: After reading Lucapooka's comment, I realised I might have not understood your post. Did you apply for British citizenship for yourself or for your children?

[lovetheworld]

I presumed a UK Birth certificate was proof enough they were?

Actually, no, not at all. A birth certificate is a legal requirement and every live birth in the UK is given one. It has no relevance to the child's nationality in itself. A child born in the UK (and granted a birth cert.) would only be British if either of the parents were settled or British themselves. Children of parents who are not settled (migrant workers for example) will take the nationality of their parents, and will not be British unless and until one of the parents acquires ILR settled status.

Were you or the mother settled or British at the time of the children's birth? Are you or the mother settled or British now?

Firstly thanks for replying, Im Jamaican My childrens parents are all British, My son also has cerebral palsy and his mother is no longer fit to look after him, I was not advised by My solicitor to send documents to prove their Mums were British, I feel let down by the solicitors they told Me to also send a new passport in as My outdated JA one would not be good enough I therefore went to JA Embassy and did so which of course had no stamp so Home office said there was no proof I landed here! I then tried to rescue My own case on the grounds I need to be here for My youngest son as he is living with a family friend of his mothers and Needs day to day care, what a shambles, twice Ive been screwed over by these so called money grabbing "solicitors" fuming! I told Home office about the fact they had misrepresented Me i,e late payments etc and sent proof via receipts I had from payments I made, they paid My fees late etc and now Im not surprised I have been refused, but I cannot leave My son so ill. Thanks again.

[lovetheworld]

If born after 1983, a UK birth certificate is not a proof of British citizenship. A child born in the UK to parents on a working visa will receive a UK birth certificate but is not British.

A copy of their British passport would have proved their citizenship.

You haven't provided any details about your case and why it was rejected but in general there is never a right of appeal for naturalisation application. What you can ask for is reconsideration. The fact that a person children are already British is normally not a factor in the decision to grant him citizenship as well.

EDIT: After reading Lucapooka's comment, I realised I might have not understood your post. Did you apply for British citizenship for yourself or for your children?

Also thank you for replying, the Birth certificates do however have the mother and father section where the nationality of Mother and Father are listed Mine Jamaica, and the childs parents as where they were born I the UK, however My reply above to Lucapookas post outlines My situation, a mess

[lovetheworld]

You haven't provided any details about your case and why it was rejected but in general there is never a right of appeal for naturalisation application. What you can ask for is reconsideration.

It was a reconsideration already that I received the refusal for, is there nothing more I can do?

[lovetheworld]

[quote="lovetheworld"][quote="Jambo"]If born after 1983, a UK birth certificate is not a proof of British citizenship. A child born in the UK to parents on a working visa will receive a UK birth certificate but is not British.



I also sent in the Birth certificate for My last child (My youngest son) who is ill, aswell as that I sent his mother Birth certificate and his grandparents birth certificates (all British) as they did not have passports.

[Jambo]

Also thank you for replying, the Birth certificates do however have the mother and father section where the nationality of Mother and Father are listed Mine Jamaica, and the childs parents as where they were born I the UK, however My reply above to Lucapookas post outlines My situation, a mess

The parents' section in the birth certificate has place of birth, not nationality. It's not the same thing.

[Jambo]

If I understand correctly, the application was for yourself.

As I stated, the fact that a person has children who are British citizens is not a factor in granting British citizenship. There are requirements to meet to be eligible for British citizenship and having or not having British children won't change it.

If you do have British children, you can apply for leave to remain in the country (if you don't have a legal status in the UK) based on the children.

[lovetheworld]

The parents' section in the birth certificate has place of birth, not nationality. It's not the same thing.[/quote]

Yep I'm seeing it all now, and I'm gutted, I cannot believe My solicitor did not know or think to tell Me a Birth certificate was not sufficient, They also said I could not prove I had a subsisting relationship with My children despite the dozen photos I sent in aswell as father days cards etc.

My first ever case was refused and at the end they stated no compassionate grounds despite sending in photos and medical notes for My child who spent the first 6 months of his life in intensive care fighting for his life, he was finally diagnosed last year, I sent photos of him in hospital and they refused fair enough if they want to but do not claim their was no compassionate grounds! So now my son must live with a "family friend" and I must just vanish and leave My kids. I do not know if I can make any further representations even and if I could Im so untrusting of solicitors not to mention I have begged and borrowed to raise money for them! 'I just cant give up Ide take My son back to Jamaica with Me but I cannot afford the medical care he will need for the rest of his life.

[lovetheworld]

If I understand correctly, the application was for yourself.

As I stated, the fact that a person has children who are British citizens is not a factor in granting British citizenship. There are requirements to meet to be eligible for British citizenship and having or not having British children won't change it.

If you do have British children, you can apply for leave to remain in the country (if you don't have a legal status in the UK) based on the children.

The application was for Myself at the time a partner of a British citizen (My youngest sons mum) speedily refused. On reconsideration it was for Me as a single man and to father My children, mainly the youngest who is no longer in the care of his Mother. sorry to confuse.

[lovetheworld]

If you do have British children, you can apply for leave to remain in the country (if you don't have a legal status in the UK) based on the children.[/quote]

I think it is too late, as My first case was refused no right to appeal, My second was a reconsideration sent October last year on the grounds of My son and children and was refused under a week ago. Once a reconsideration is refused I do not know what you do other than leave as they have requested. Which is very hard to do when three children adore you and know you as Dad.

Refused under the new laws everything was referring to July 2012.

[Jambo]

I see. So this was not an application for citizenship but for leave to remain in the UK. You have posted the question in the British citizenship section so I assumed this was a citizenship application.

I suggest the moderators should move the thread to the "immigration for family members" section. You might get better advice there.

[lovetheworld]

My eldest daughter and My older son both have passports, however I did not send them in as was unaware it would be necessary hence the birth certificates, I can ask their parents for photocopies is this enough? Or would it have to be the passport itself?

Thats if it is not too late!

[lovetheworld]

I see. So this was not an application for citizenship but for leave to remain in the UK. You have posted the question in the British citizenship section so I assumed this was a citizenship application.

I suggest the moderators should move the thread to the "immigration for family members" section. You might get better advice there.

Oh dear, I chose this one as it was with regards to British Birth certificate, I am sorry! Can I find a moderator somehow to do that? Did not mean too, however I appreciate your help.

[geriatrix]

Can the OP explain what "case" is being referred to, and what application did the OP make that was refused for which this topic was created (reconsideration refused), for anyone to give a meaningful response.

completely.