Question about nationality, help if you can please.

#1
Gents,
I have a question that I can't get an answer to so far, I have rung the British Consulate and they put me onto the embassy, the man I need to talk to is never in, my e.mails get returned with a standard rely mail with general information which doesn't answer my question.
I have searched the net and found confusing data all which applies to blokes from the Hindu Kush who want to open a restaurant in the UK and import half the bloody tribe as dependents. Frankly I need help and someone here must know the answer.

I have been with my spanish partner out here in Catalunya for 23 years, the last 20 fairly long ones, and we have a 22year-old daughter, with me definitely registered as the father.
However for a variety of reasons we have never married. Originally when I tried to register my daughter as British, I was told that the Mother counted but the father didn't if they were unmarried at the time of birth.
A little while back I was told that the rules had changed and that my daughter could go through a process to get British nationality. At the time we didn't as money was involved and money was tight.
Now we would like to get that nationality for her but I just can't find out if she is eligible.

Could anyone be so kind as to either inform me of the answer or please direct me to where I can find the regulations applicable. Your help would be welcome after the Embassy experience.

Thanks in advance.

Dwarf.
 
#3
The recent rule change in 2006 was to allow unmarried British fathers to pass on their nationality automatically. You could have done so before she was 18 by making a special application. Prob too late now.

Write to your Consulate General, they are obliged to reply, or try writing to the FCO (address at foot of following page)

http://ukinspain.fco.gov.uk/en/help-for-british-nationals/living-in-spain/birth-registration

http://www.ukba.homeoffice.gov.uk/b.../children/britishcitizen/borntobritishfather/
 
#4
Gubmint_Agent said:
Have a look here:

http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/children/britishcitizen/bornabroad/

TBH, the British Nationality Act 1981 is a nightmare and after 17 years working in that field I still struggle with it. If I had to make a snap decision in your case I'd have to say that as she's over 18 then it's too late, and you might have some problems with the time you were outside the UK too.
Why would he have any problems due to living outside of the UK?
 
#5
Thanks for the reply, the info is helpful. Realise she is a bit old, but I was unaware of the rule changes until deadline had passed.

Thanks again.
 
#6
One solution would be for your daughter to live in the UK (not sure of the exact qualifying time) and apply for naturalisation.
 
#7
fairmaidofperth said:
One solution would be for your daughter to live in the UK (not sure of the exact qualifying time) and apply for naturalisation.
We have thought of that and it is an option as when she finishes her degree she would like to study anthropology at a British university as they do the best courses in this field.
 
#8
fairmaidofperth said:
One solution would be for your daughter to live in the UK (not sure of the exact qualifying time) and apply for naturalisation.
Funnily enough that is the exact answer given to me today in Budapest by the British Embassy staff. Qualifying time was given as 3 years (so a UK university it is then!)

I was born outside of the UK: parents worked in the petroleum industry. Despite them both being British and their permanent home being the UK, and despite my 11 years of Colour service and living in the UK from 1982-2001 (if military service counts as UK residence, as it does for tax purposes), I have been informed that my daughter has no automatic right to British citizenship. I'm recently married to a Hungarian wench.

I have to pay over 500 quid to register her birth, which will take the beloved Home Office about 8 months to do (the Embassy gave me that figure), after which I can apply for a passport for my sprog...

...which may not be given, and even if given, her children will NOT be able to claim British nationality unless she moves to the UK and has the sprogs there.

Why do I get the feeling that the law was written specifically to attack the Whites in southern Africa and to enable Britain to wash her hands if (when) they decay into chaos/dictatorships?
 
#9
Dwarf said:
We have thought of that and it is an option as when she finishes her degree she would like to study anthropology at a British university as they do the best courses in this field.
I don't know if it'll be so for your daughter, but time spent studying didn't count towards the residency requirement in the Jade Dream's case.
 
#10
I've lived here for 26 years (arrived as a 7 year old), married an Englishman, and still have to pay £700 + and take the nationality test in order to get a British passport.

Where am I from? Denmark. I can't afford the cost of citizenship, so will remain a Dane.
 
#11
I'm in the same boat as your daughter Dwarf.

The only thing for your daughter to do is Naturalise after living in the UK for 5 years. Luckily for her she won't need a visa because she will already have a Spanish passport. She will need to make dead cert that she has a clear paper trail proving that she's been here for 5 years though. Make sure she keeps that passport with the entry stamp at the very least.

I've poured over this matter a million times myself just to be entttiiiiiirely sure, and this page that I've just found confirms it once again : http://www.1stcontactvisas.com/Uk-Visas/uk-citizenship.aspx

Oh, and it'll cost her just under 800 Stinkers.
 
#12
There is one possibility. I,m not sure if this information is current but may well be worth looking into.

Assuming that one or both of your parents were born in the UK, then your daughter may qualifiy for a thing called Ancestry, through having at least one British grandparent. The downside is that she has to apply from outside the UK herself , be at least 17 and 1/2, and come to the UK to live and work for initially 5 years.

If she then wants a UK passport he can apply for citizenship after this period.

It may not be of much use to you anyway as i,m fairly sure this route incurs some form of fee anyway.
 
#13
T24D said:
There is one possibility. I,m not sure if this information is current but may well be worth looking into.

Assuming that one or both of your parents were born in the UK, then your daughter may qualifiy for a thing called Ancestry, through having at least one British grandparent. The downside is that she has to apply from outside the UK herself , be at least 17 and 1/2, and come to the UK to live and work for initially 5 years.

If she then wants a UK passport he can apply for citizenship after this period.

It may not be of much use to you anyway as i,m fairly sure this route incurs some form of fee anyway.
That only allows her to work and live for 4 years, in which time she must apply for permanent residence. All Naturalisation applications must start with permanent residence, be it as a spouse, child, skilled worker, asylum seeker, EU national or whatever.

Registration only applies to various categories of British subjects and nationals.
 
#14
Thanks to all posters it has been a big help.
Unfortunately the rules changed in 2006 the year she was 18, so it looks like we have blown it. 5 years in the UK looks maybe out as she has a regular boyfriend (catalan) and marriage is on the cards. He has just secured a good steady job with Nestles, which is expanding its operations here, so is unlikely to want to move in this current economic climate. She also wants to use her projected anthropology degree and move around the world while young, which would make long term residence difficult, unless he can transfer to Nestles UK, always a possibility.
Still hoping that the new government want to show a human face I can always try an appealing letter to the New Home Sec.
Miracles do happen......................................................................don't they?
 
#15
Dwarf said:
Thanks to all posters it has been a big help.
Unfortunately the rules changed in 2006 the year she was 18, so it looks like we have blown it. 5 years in the UK looks maybe out as she has a regular boyfriend (catalan) and marriage is on the cards. He has just secured a good steady job with Nestles, which is expanding its operations here, so is unlikely to want to move in this current economic climate. She also wants to use her projected anthropology degree and move around the world while young, which would make long term residence difficult, unless he can transfer to Nestles UK, always a possibility.
Still hoping that the new government want to show a human face I can always try an appealing letter to the New Home Sec.
Miracles do happen......................................................................don't they?
WTF is it important that your girl is a Brit..??..admitedly Spain is going down the 'pan' but we're following soon after..so being a 'Dago or Brit' is equal..its all the EU..amazes me that anyone thinks its important to be a Brit..
 
#16
Dwarf said:
Thanks to all posters it has been a big help.
Unfortunately the rules changed in 2006 the year she was 18, so it looks like we have blown it. 5 years in the UK looks maybe out as she has a regular boyfriend (catalan) and marriage is on the cards. He has just secured a good steady job with Nestles, which is expanding its operations here, so is unlikely to want to move in this current economic climate. She also wants to use her projected anthropology degree and move around the world while young, which would make long term residence difficult, unless he can transfer to Nestles UK, always a possibility.
Still hoping that the new government want to show a human face I can always try an appealing letter to the New Home Sec.
Miracles do happen......................................................................don't they?
I would venture to echo BDW's sentiments a bit here... It can never hurt to have British citizenship, and it would be a fine arrow for her quiver indeed but if she already possesses Spanish citizenship then the disparity in opportunities is probably quite small and pointed.
 
#17
Why have a British Passport? Ever tried travelling a lot? It still amazes me how quickly I get through customs and border controls (not just in the US) on the strength of my passport, while my colleagues struggle through with their Hungarian, Latvian, Spanish and German passports.
 
#18
Dread said:
Why have a British Passport? Ever tried travelling a lot? It still amazes me how quickly I get through customs and border controls (not just in the US) on the strength of my passport, while my colleagues struggle through with their Hungarian, Latvian, Spanish and German passports.
Bit of a palaver for Little Miss Dwarf though isn't it?

The only other thing I can think of, which just might work is for Dwarf and his tribe to lobby their MP(s) to amend the 2006 rule change so that it is retro-active to all offspring of British men (and their foreign partners whom they did not marry), not just the offspring who haven't yet reached their 18th birthday.

Edit : I actually think this could have a fighting chance. I'm going to be writing to my MP myself, for myself!
 
#19
Dread said:
Why have a British Passport? Ever tried travelling a lot? It still amazes me how quickly I get through customs and border controls (not just in the US) on the strength of my passport, while my colleagues struggle through with their Hungarian, Latvian, Spanish and German passports.
We must be living in parallel universes...I've traveled lot and its amazed me how in the E.U. I just join the queue of E.U. passport holders (27 major 1st. world countries)

Regarding the U.S... Quote below says it all, nothing special there and actual entry is dependant on the 'mood of the day' of the humorless U.S immigration officer at the point of entry (I speak from personal experience)..why should the Germans/Spanish/Latvians/Hugarians have any problems, according to the list below they are equal to Brits..??

"British travelers to the U.S.A. under the Visa Waiver Programme which allows most British Citizen passport holders to visit for up to 90 days without a visa, must get an authorization via the Electronic System for Travel Authorization (ESTA) prior to their journey and are advised to do so at least 72 hours prior to travel. If you do not have an ESTA you will be refused travel to the U.S.A."

List of countries in the scheme


Andorra Hungary New Zealand
Australia Iceland Norway
Austria Ireland Portugal
Belgium Italy San Marino
Brunei Japan Singapore
Czech Rep Latvia Slovakia
Denmark Liechten Slovenia
Estonia Lithuania South Korea
Finland Luxemburg Spain
France Malta Sweden
Germany Monaco Switzerland
Greece Netherlands United Kingdom

I've also found that in the 'rest of the world' the U.S dollar bill in a passport of 'whatever country' seems to get things done, on the few occasions £Sterling was offered although finally accepted required more effort.

Bear in mind this puts you in third place(just after Uncle Sam/Israeli) for a head first exit onto tarmac/ocean with a AK47 round on any Hi-jack/terrorist event
 
#20
To answer the above, We would like to get it because she does feel part-Brit (we visited family regularly) and she would like to visit family in the UK as a Briton.
Also there is a bit of self-interest as she wants to work with anthropology, there are advantages to travelling under different flags on occasion.
The main part is actually a bit of pride here, I am British, wore the uniform for a while, when I joined NATO was in shite state, when I left the Wall was on the point of coming down. I call that a result, and all I am asking is for my daughter to have my nationality, doesn't seem much in return.
 

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