British passport issued by mistake

[Shabz86]

I'm not sure if im posting this in the right place. my father had a British passport from 1978. me and my mum moved to the UK in 1986 and I was only a few weeks old. i didnt have a passport as I was named on my mothers Bangladeshi passport.
I was issued with my first British passport in 1999 and renewed it in 2004 without any issues. But when I went to renew it in 2014 I was told that I was that I was issued the British Passports by mistake and now have to apply for a British Citizenship and follow all the procedure.

I paid a solicitor(not a very helpful one by the way) to look into it as I wasnt the one at fault and i shouldnt have to go through the whole procedure now. The solicitor got reply back from immigration that the decision was correct and and I have to apply.
I want to know if any one else has had the same problem and is there a way out of this without having to apply and go through the whole process. Any advice will be greatly appreciated

Shabana

[secret.simon]

If a British passport is issued in error, it can be revoked or not renewed. So, an error made in the past is no excuse for you being reissued a British passport, if the original one was indeed renewed in error.

You mentioned that your father was issued a British passport in 1978. What is his claim to British (then CUKC) citizenship? Was he naturalised in the UK? Or was he a CUKC by birth? If so, where was he born and where was his father born?

If he was naturalised in the UK before your birth, you should be reapply with proof of his naturalisation (his naturalisation certificate) and your birth certificate.

[Shabz86]

Thanks for the reply.
My father and his father were both born in Bangladesh.Im not sure what my fathers claim to citizenship is and I wont be able to find out until after the weekend as he is away. The reason they granted me British citizenship is because my father was British at the time of my birth in Bangladesh.
Then the letter states "Further checks have now been under taken on your fathers claim to British citizenship and it has been determined that he obtained his status by descent through his father, who had registered as a British citizen prior to your fathers birth
This means that he is unable to confer citizenship to you, as the British nationality Act 1981 states that a person born outside the United Kingdom shall be a British citizen if either parents were British citizen 'otherwise than by descent' at the time of the childs birth "

Sorry for the long post, this is all a bit confusing to me.

[noajthan]

You can get up to speed on such vital matters here:
https://www.gov.uk/government/uploads/s ... r_2015.pdf
- see references to section 3(2) and 3(5) of BNA.

[vinny]

I'm not sure if im posting this in the right place. my father had a British passport from 1978. me and my mum moved to the UK in 1986 and I was only a few weeks old. i didnt have a passport as I was named on my mothers Bangladeshi passport.
I was issued with my first British passport in 1999 and renewed it in 2004 without any issues. But when I went to renew it in 2014 I was told that I was that I was issued the British Passports by mistake and now have to apply for a British Citizenship and follow all the procedure.

However, see also 6.3.9 (Construing passport etc applications as applications for citizenship)

[Shabz86]

I'm not sure if im posting this in the right place. my father had a British passport from 1978. me and my mum moved to the UK in 1986 and I was only a few weeks old. i didnt have a passport as I was named on my mothers Bangladeshi passport.
I was issued with my first British passport in 1999 and renewed it in 2004 without any issues. But when I went to renew it in 2014 I was told that I was that I was issued the British Passports by mistake and now have to apply for a British Citizenship and follow all the procedure.

However, see also 6.3.9 (Construing passport etc applications as applications for citizenship)

From what I gather from 6.3.10 it looks as though it should go in favour of me, Although there are all sorts of conditions related to it and I probably need to speak to a good solicitor. Thanks for all your responses. I got more information from here than I did from my useless solicitor and I paid him a lot of money!!