Father Born in British Military Hospital in Germany, what's my nationality now ?

Discussion in 'The Intelligence Cell' started by St Walter of Mitty, Oct 25, 2012.

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  1. Someone has asked:

    I'm looking to get a British Passport and can apply through my father who was born in a British Military Hospital in Germany in 1948 to British parents (his father was in the British Army as a Staff Sergeant). My father has the original Birth Certificate. The header reads:

    'The Registration of Births, Deaths, and Marriages (Army) Act, 1879' and the 'Air Force (Application of Enactments) (No. 2) Order, 1918'. And below that it reads 'Birth occurring out of Great Britain and Northern Ireland'.

    A little background info to my situation: after returning to the UK after he was born, my father emigrated at a young age with his parents in the 1950's to Australia. Today my father holds an Australian Passport. I myself was born in Australia after 1983.

    My question is:
    Is my father considered a British Citizen even though he was born in a BMH outside of the UK? I am unable to find a definite answer on this.

    I'm having a great deal of trouble trying to ascertain whether I should apply for a Passport via my father or my grandfather (the latter involving more legwork chasing up paperwork etc as he has now passed).
  2. 'Wah deflector on' ...Yes he is a British citizen, my daughter was born in a local Krankenhaus as she was not waiting for BMH Rinteln registered through the British Military no dramas.

    LWM of Palmerston North.
  3. Thanks for your help. No wah, no wind-up. Just trying to assist someone from another forum who I believe is on the level.
  4. British service personnel serving in Germany were considered BY LAW to be ORDINARILY RESIDENT IN THE UK. Thats why we had the standing civil courts and paid UK tax.

    If your parents are of a particular nationality then you ordinarily inherit that nationality. In order to move around as a child you would have needed to be entered upon a parental passport, for that you would have needed a birth certificate. Generally a good indicator of entitlement to a nationality, a passport and unemployment benefit.
  5. “If your parents are of a particular nationality then you ordinarily inherit that nationality”
    I do think so.
    But i am wonder how you are growing up during these these years?
    I meand if no specific nation statement,how you can get your educations ,jobs,goverment benefit...
    It's impossibe in China at least
  6. My Grand Dad was born in South Africa whilst his father was serving there and had to get naturilisation, was 19th Centurary though
  7. I would say yes.

    My horrible ex wife used to claim that she was German, only to be told that being born in a British military hospital near Berlin means that your nationality is British.

    (Further to that, she moved back to UK as a child)
  8. A BMH is a little bit of England. Having been born in BMH Nicosia I am most certainly not a Cypriot!
  9. Brotherton Lad

    Brotherton Lad LE Reviewer

  10. My mother in law was born in New Zealand of Scottish parents. They returned to the UK when she was three years old. All went well, educated here, worked here, married here, had three daughters here. She applied for a passport in her mid fifties only to be told she wasn`t a British national and if she wanted a passport to get it from NZ. It took a lot of sorting out with lots of hinderance from the boneheads of the passport office.
  11. When our children were born in RAF Hospital Wegburg/JHQ Rheindahlen, they had to be registered at the UK embassy documentation in office in Duesseldorf.

  12. I was born in the BMH at Munster to two British parents (Welsh father, English mother) - father a Sgt in the RE (P&C); let me assure you that I am a British Citizen - indeed, that is what it says in my passport.
  13. Says so in mine too. But then, in my boxhead one it says I'm a boxhead. And, in two years I will have one stating that I'm a septic. My kids will be entitled to all three also.

    Back to the original point though, as I stated previously whilst on a posting to Germany/BAOR/Berlin, Cloggieland and Belgium in most cases you were considered to be 'ordinarily resident in the UK'. That meant you had all the administrative priveleges of being in the UK and all the drawbacks too. As the embassy and consualtes are considered to be the extension of the UK's administrative framework it was usual for all births and deaths to be registered at consualte offices in lieu of the Registrars Office found in most towns and cities of the UK.

    Bottomline, if your parents were both Brits at the time of your birth then 99% of the time you would be a Brit. For those with a spouse or offspring born in Germany sadly unless the male parent is German then the children are Brits..........regardless of which BMH they were born in, or which imbiss they used to go to for pommes and jaeger wurst.

    I know this because I went through the process of getting a boxhead passport and had the joy of a lecture from the legal department at the boxhead embassy in London. The ordinarily resident thing I know about because my mrs questioned not paying NI when she worked for the MoD in BAOR and that is what she discovered.
  14. Brotherton Lad

    Brotherton Lad LE Reviewer

    Yes, but in this case it's the father of the person asking who was born of British parents in a BMH. The father is clearly British (and may well have dual Australian nationality), but the 'child' was born in Australia after 1983. We don't yet know the nationality of the mother.