British Citizenship on very Strange and restricted situation.

[stephenlucena]

Hello Everyone,

I need a help so please anyone that could give a hint or tip would really help me out.

I have wondering so many times if I could have my British Passport/Citizenship, i have seen so many situation and i still didn't find one the same as mine ( please read till the end ).

My Situation is:

I'm Brazilian, born on 18.10.1987, married with a Romanian Woman, living in Romania at moment.

My grandparents (father side) are full British, they migrate to Brazil on 1959 under the Missionary Church Service.

Grandfather Born on England on 15.7.1925
Grandmother Born on England on 13.4.1931

My Father has born on Brazil on 12.01.1962 and had been registered on the British Consulate (Birth Certificate) in Brazil on 20.11.1962.

My Mother is Brazilian and they were Married when I Born.

Here is where all the situation starts. My parents divorced when i was 3 months old, i carried my father family's name on my Brazilian birth Certificate but i never ever have seen my Father. So he is a totally unknown person to me. I Have meet my British side family when they were coming to visit me on my childhood, mostly of my family lives on England or on U.K, since some of them migrate back to England with my grandparents after the Missionary Services in Brazil ( After around 20 - 30 Years ).

I Have my father British birth certificate on hands that has been given by my Grandmother on her last visit, but as far I know, my father never held the British Passport, since he never moved to U.K. and also because my aunties and uncle told me, on this case he have only the British birth certificate (the one that I have a copy which doesn’t have anything written as “by descent or otherwise”).

My Father Birth Certificate can also be found on General Register Office on England, but the same one that I have a copy, the Consulate version generated in Brazil.

I also have my grandparents British Birth Certificates on hand and also a copy of the Immigration Card of my grandfather when he moves to Brazil on 59 and my grandmother passports.

With all that said, starts the problems with the UK Consulate, since they seems to don't know how to answer my questions they always tell me to go to England and check directly there if I can do my British passport.
Nobody at this moment can help me out if I am able to have the British documents, since my entire father family are British and most of them lives on England.

As well I have no idea if my father birth certificate can be used in order to require the British passport (or if I can claim that)

I have no much more information about my father and is absolutely impossible to reach him, since he denied the contact with my mother and with me after their divorce.

I’m wondering if should I really go to England and try to apply for my documents directly there, since as I said my Family are telling me to do so, but I have seen so many information that could affect my situation and maybe I would be rejected the documents.

I Read about British by Descendant, British by Double Descendant, British Overseas and so many others categories.

Many people that I contacted informed me that I'm not able to have my British documents at all, since my father never held the British passport, others told me that I could get since my grandparents were working under the Crown Service when my father have been born and registered on the consulate his Birth Certificate (less than 1 year old), so that would make him automatically an British other than descendant.

By Any chance here, there is anyone who have the same situation or similar and could give me the proper advise on this? Should I go and apply for my Documents there directly on U.K as my Cousins did? (They are under different situation, mother born on U.K and moved to Brazil when was child). Should i work with an immigration law? Should I just give up?

It's very frustrating for me to call the embassy not only here in Romania, but also in Brazil so many times, send e-mail and ask for guidelines/guidance and receive from them information such as that I'm not able to have my documents for some reasons or that I should go to England and apply directly from there since I am able to do it. No further information is given by E-mail, only by phone... Always the same thing... No and Yes, no and yes... never a sure like " Yes, you can have it, come here on the Consulate and Apply with us"

I'm on the Situation that I don't know any more what to do, is not about moving to U.K and living for ever there, but also as convenience to have the proper documents when moving or travelling.

I will be so thankful if someone can guide me at least through some information in regard If I can have British Citizenship/Passport or not and why.

Thank You for all the attention and I'm Sorry for this long text or if I posted repeated post or in the wrong place.

Stephen.

[secret.simon]

Do you have any other nationality other than Brazilian?

[stephenlucena]

Hello Simon, no i don’t. I will end up probably having the Romanian one in couple of years, but i think if i could have British One would be better and easier.

Why?

[secret.simon]

You are out of luck then.

British citizenship can only be transmitted one generation outside the UK. As your father was born outside the UK, he himself was a British citizen by descent, but he could not pass on British citizenship automatically to any of his own children born outside the UK.

As your aunt was born in the UK, she was a British citizen otherwise than by descent and therefore, her children, your cousins, are also British citizens by descent (like your father). However, like your father, they cannot pass on their British citizenship automatically to their children born outside the UK.

As you are not a Commonwealth citizen, you are not eligible for an Ancestry visa either.

Your bets bet to acquire British citizenship would be to move to the UK as the spouse of an EEA citizen (your Romanian spouse) along with her before Brexit, live in the UK in accordance with EU law for five years, acquire "settled status" and then apply for naturalisation anew.

[stephenlucena]

Alright, i understood this, but also i did not mentioned that i also have another auntie that is in the same situation of my father, she got her birth certificate registered on the ambassy in Brazil but never held any other british document and never moved back to England... She had 2 kids, one born before 1983 and one after 1983... My cousins they went to England this year and they applied for the british citizenship and the one who born after 1983 got his british documents, the other one no, and it because he born before 1983. They informed that all the kids of my Grandfather have been registered as british other than by descent, because my grandparents was working under the Crown Service when all the kids born, and that is why the british citizenship has passed autmatically to all of my Aunties and Uncles as “other than by descent”. So this is the exactly discussion with the UK Ambassy, because in this case my father also should be British other by descent born overseas, like my Auntie and also i born after 1983, so i should be able to get the British by Descent no? As well my Auntie does not have any other British document, just the british Birth Certificate that has given by the UK ambassy on Brazil... This is the situation, my family keeps pushing me to go there and apply for the documents directly, but im in doubt because all of this misleading/understood information...

[stephenlucena]

This os what i received from the Ambassy

“British overseas territories citizenship
by descent and otherwise than by
descent
This page tells you about British overseas territories citizenship.
As with British citizens, all British overseas territories citizens (BOTC) are so either ‘by descent’ or ‘otherwise than by descent’.
Whether an individual holds BOTC by descent or otherwise than by descent will determine whether they can pass the status on to their children born outside the British overseas territories. It does not affect any other rights or privileges that go with this status.
BOTC by descent cannot normally pass this status on to children born outside of the British overseas territories. The exception to this is where their parent was serving outside of the British overseas territory in Crown service.
BOTC otherwise than by descent automatically pass their citizenship to their children regardless of where they are born.”

So im again lost in this topic...