Application for British Citizenship by Descent as an Adult

[Pm7]

Hi, can I check that this information is correct as I'm in a similar situation.
Born in Netherlands 1994,
British father married to American mother,
I have an American passport and British birth certificate,
I have been resident in India but am now in uk on American 6mnth tourist visa,

Can I apply for dual British/American passport ? If so what is the process I have to follow ?

Thanks

[secret.simon]

In your case, as you claim through a British father, the pertinent question is, were your parents married at the time of your birth?

If yes, you are British by descent and can apply directly for a British passport (you will need proof of your father's British citizenship, and marriage records). You can not however transmit your British citizenship to any children of yours born outside the UK.

If no, you will need to register as a British citizen on Form UK F before becoming a British citizen. You can then apply for a British passport.

[Richard W]

In your case, as you claim through a British father, the pertinent question is, were your parents married at the time of your birth?

When his parents were married is only relevant if he was born after they last divorced.

@Secret Simon:
If you're relying on http://www.legislation.gov.uk for the BNA 1981 as amended, be warned that although its text no longer appears, Section 47 on legitimated children still applies to those born before 1st July 2006.

If yes, you are British by descent and can apply directly for a British passport (you will need proof of your father's British citizenship, and marriage records). You can not however transmit your British citizenship to any children of yours born outside the UK.

That's not quite true. Long enough residence in the UK, by either him before their birth or together afterwards, may qualify them for registration as British while they are still minors.

[secret.simon]

Richard W,
I was providing the broad outline of the way forward based on the information that the OP had provided. It is not possible or feasible to cover every scenario for every single query posted on the forums. I endeavour to guide the relevant OP to provide adequate information and then provide a broad enough direction of travel.

It falls to other, more detail-oriented members, such as yourself to cover the finer details.

In your case, as you claim through a British father, the pertinent question is, were your parents married at the time of your birth?

When his parents were married is only relevant if he was born after they last divorced.

Just to clarify, what I believe Richard W means to say here is if assuming that the OP's parents were not married (an assumption), they should also have been "free to marry" (i.e. not in a marriage with other partners) at the time of his birth.

[noajthan]

The balance to be struck is wood versus trees;
relevance versus nitpicking;
all the time keeping on topic;
not scaring or confusing or losing or offending the OP.

[Richard W]

Just to clarify, what I believe Richard W means to say here is if assuming that the OP's parents were not married (an assumption), they should also have been "free to marry" (i.e. not in a marriage with other partners) at the time of his birth.

No. I am also guilty of assuming that the father was always domiciled in England. (Possibly there is the same law throughout the UK.)

Note that it is statistically far more likely than not that this discussion is irrelevant to the OP.

I was working on the principle, establish by the Legitimacy Act 1959, that if a person's parents were married at any time after his birth, then he was either legitimate or legitimated, regardless of the parents' previous marital entanglements.

We seem to have a disagreement here - you are assuming that the repeal of the Legitimacy Act 1959 by the Family Law Reform Act 1987 reversed the amendments the 1959 act made to the Legitimacy Act 1926, and so previous entanglements mattered once more. I have always understood that the Home Office followed the position of the 1959 act, though they seem at times to have simplified it to the question of whether the parents were ever married to one another at any time.

[noajthan]

Unfortunately this no longer helps OP one jot.

[Casa]

Unfortunately this no longer helps OP one jot.

Actually...I think we may have lost their interest....

[CR001]

Unfortunately this no longer helps OP one jot.

Actually...I think we may have lost their interest....

Again.........

[Pm7]

Hi, thanks for the replys. My parents were married when I was born but have since divorced.
So I can apply for British passport from the information you have said. Is it a straight forward process and can this be a dual passport/citizenship with my American passport

Thanks

[CR001]

Is your father British born, etc.? i.e. not British by descent but British otherwise than descent.

[Casa]

Hi, thanks for the replys. My parents were married when I was born but have since divorced.
So I can apply for British passport from the information you have said. Is it a straight forward process and can this be a dual passport/citizenship with my American passport

Thanks

Good to see you're still with us.

[Pm7]

Hi, yes my father was British born

[secret.simon]

was working on the principle, establish by the Legitimacy Act 1959, that if a person's parents were married at any time after his birth, then he was either legitimate or legitimated, regardless of the parents' previous marital entanglements.

We seem to have a disagreement here - you are assuming that the repeal of the Legitimacy Act 1959 by the Family Law Reform Act 1987 reversed the amendments the 1959 act made to the Legitimacy Act 1926, and so previous entanglements mattered once more. I have always understood that the Home Office followed the position of the 1959 act, though they seem at times to have simplified it to the question of whether the parents were ever married to one another at any time.

I have nowhere near the level of knowledge that you credit me with, though I must own that I am flattered that you assume that I am that knowledgeable.

So I can apply for British passport from the information you have said. Is it a straight forward process and can this be a dual passport/citizenship with my American passport

Pop into any post office and ask for a passport form.

You will need proof of your father's British citizenship and your parents marriage at the time of your birth.

The General Register office provides a service of ordering birth, marriage and death certificates if the relevant event occurred in England and Wales.

Both the UK and the US allow dual citizenship, so you can have both passports concurrently.

[ohara]

Hi, thanks for the replys. My parents were married when I was born but have since divorced.
So I can apply for British passport from the information you have said. Is it a straight forward process and can this be a dual passport/citizenship with my American passport

Thanks

There is no such thing as a dual passport that I am aware of. Your American and British citizenships are completely separate thing and it's just a matter of luck that both countries allow you to possess more than one at the same time.

You will be able to have passports of both countries, neither will care, and they are entirely separate things. Although I believe the USA requires American citizens to enter the USA with an American passport, whereas the UK doesn't give a shit what passport British citizens use to enter with.

[Richard W]

So I can apply for British passport from the information you have said. Is it a straight forward process[?]...

I used to find that getting a counter-signatory was the most stressful part. It may be your biggest problem. The instructions about the photographs can also be stressful - I got them done professionally to avoid the stress. Fortunately, there are nowadays many shops where you can just walk in and get them taken.

One inconvenience you may face is that you must submit your US passport as part of your passport application. Make sure there are no consistencies in your name - it is very difficult to get a British passport in a different name to the name in another country's passport. We have a very long thread on the issue.

[ohara]

The instructions about the photographs can also be stressful - I got them done professionally to avoid the stress. Fortunately, there are nowadays many shops where you can just walk in and get them taken.

I did my own photos, and I now have the same one on my EEA DCPR, Finnish passport, British passport, and UK driving licence

But to save a lot of time and hassle, the passport photo booths are your best bet. All you have to do is smile and make sure your head is in the circle on the screen and the machine does the rest for a few quid!

[noajthan]

But to save a lot of time and hassle, the passport photo booths are your best bet. All you have to do is smile and make sure your head is in the circle on the screen and the machine does the rest for a few quid!

Smiling is in breach of passport photo guidelines.

[Pm7]

Hi, thanks for all the help. I will submit my passport application and fingers crossed.

[Pm7]

Hi, one last question if you can help. My parents marriage certificate is from the Netherlands and is in dutch but stamped by the British consulate, is this acceptable for the application or do I have to get a English version if that's possible to do.
Thanks

[noajthan]

Hi, one last question if you can help. My parents marriage certificate is from the Netherlands and is in dutch but stamped by the British consulate, is this acceptable for the application or do I have to get a English version if that's possible to do.
Thanks

Translation required as per the guidance.

[Richard W]

We seem to have a disagreement here - you are assuming that the repeal of the Legitimacy Act 1959 by the Family Law Reform Act 1987 reversed the amendments the 1959 act made to the Legitimacy Act 1926, and so previous entanglements mattered once more. I have always understood that the Home Office followed the position of the 1959 act, though they seem at times to have simplified it to the question of whether the parents were ever married to one another at any time.

Got a poor steer from Wikipedia. The relevant law for most living persons whose fathers have English domicile at time of marriage is the Legitimacy Act 1976 Section 2. HO policy seems entirely consistent with that law. There may be a few problems going further back.

[Casa]

We seem to have a disagreement here - you are assuming that the repeal of the Legitimacy Act 1959 by the Family Law Reform Act 1987 reversed the amendments the 1959 act made to the Legitimacy Act 1926, and so previous entanglements mattered once more. I have always understood that the Home Office followed the position of the 1959 act, though they seem at times to have simplified it to the question of whether the parents were ever married to one another at any time.

Got a bum steer from Wikipedia. The relevant law for living persons whose fathers have English domicile at time of marriage is the Legitimacy Act 1976 Section 2. HO policy seems entirely consistent with that law.

Always risky to use Wikipedia as a reliable reference source.