Advice - is it worth my gf applying for a UKF?

[fathands]

I met my girlfriend in April 2016 on a road trip around America and immediately fell in love, my life was changed, so much so, that I rearranged my trip and dumped my flight back to the UK to spend another week with her in Nashville before finally, sadly coming home to the UK .

We spent the next three months talking on the phone everyday, making plans to be together and then she came to spend a month with me in the UK in August. We were so happy but the month flew by and soon she was back in the US and I was stuck in London.

I went over to see her and meet her parents for two weeks in October/November and we decided she would move over in December and spend time here while we worked on her British Citizenship by Descent through the UKF method.

Her father is a Scotsman, that met her mother in Virginia after to coming over to the US in the 70s as musician, she was conceived but they didn't stay together so when she was born his name wasn't put on the birth certificate but we know that through a DNA test we can prove paternity and hoped to use the UKF route to getting her citizenship.

Sadly this week we realised that her father, although Scottish and a British Citizen was actually born in Germany, her grandfather met a German woman at the end of the war, got her pregnant and in 1946 her father was born, her grandad had gone back to the UK and it wasn't until 1954 that her was registered by the British Consulate in Hamburg as the son of a British person before coming over to grow up in the UK.

This is my concern, that by being born in Germany, my girlfriend's father is classed as British Citizen by descent and within the guide to filling in the UKF form it says that citizenship by descent can only pass on through one generation:

'British citizens by descent cannot normally pass on British citizenship to any children born outside British territory'

I've looked into this a bit more and their may be a legal recourse in that her grandfather was fighting in Germany, so maybe it is classed as Crown Service which the below document states could mean her father is a British Citizen otherwise than by descent.

" CHILDREN WHO ARE BORN OUTSIDE THE UNITED KINGDOM TO
BRITISH CITIZENS BY DESCENT
A child born outside the United Kingdom will not be a British citizen if neither
parent is a British citizen otherwise than by descent. A parent who is a British
citizen by descent cannot normally pass that status on. The exception to this is
where the parent was in one of the 3 types of service listed in section 5 at the
time of the birth.
A child who is not a British citizen may be entitled to be registered as a British
citizen. Further information can be found on the Gov.Uk website:
https://www.gov.uk/register-british-cit ... outside-uk.
5. CHILDREN BORN TO PARENTS IN CROWN AND SIMILAR SERVICE
Different rules apply to children born to a parent who is a British citizen in
 Crown service
 specially designated service
 European Community institution service
at the time of the birth.
A child will be a British citizen otherwise than by descent at birth if, when the
child is born, one of the parents:
 is a British citizen; and
 is working outside the United Kingdom in one of the types of service
mentioned above; and
 was recruited to that service in the United Kingdom (or if the child was
born on or after 21 May 2002, in a qualifying territory); or
 if serving with a European Community institution, was recruited in a
country which was a member of the European Union at the time."

https://www.gov.uk/government/uploads/s ... t_2015.pdf

That's where I'm up to. I've spoken to her father and have a copy of his birth certificate and he doesn't know his status in all honesty, so I came here hoping for advice. I'm going to call Nationality & Citizenship Enquiries on Monday but would really like advice on what our best course of action would be. I would love to get a solicitor to help me but I'm poor and so any advice on what we should do next would be much appreciated. The DNA test costs 400 pounds so we don't want to do that if UKF is going to be a dead end and would rather save the money, get married and try and go that route to be together.

Right, I'm gonna make a cup of tea.

[secret.simon]

You are correct. If the father was born to a British grandfather serving abroad, he would not be a British citizen by descent (Section 14(2) of the British Nationality Act 1981). Hence he would be able to transmit his citizenship to his children.

You would of course have to prove that the grandfather was in Crown Service at the time the father was born.

My understanding is that you will need the following evidence
a) Proof of the grandfather's birth in the UK - To show that he was a British subject (as then).
b) Proof of his Crown service at the time of birth of the father
c) Father's birth documentation

That gets you to the point of the father being able to pass his British citizenship to his children. Then the usual UKF proof will need to be added.

[fathands]

Thank you Secret Simon

[fathands]

Hi all,

Here's an update if anyone's interested.

My girldfriend's grandfather's military records came through and it looks like he returned to the UK and left the army on 24th March 1946, one week before his son was born in Germany.

But he did move into the Army Reserves and we have proof that he was in the Army Reserves at the time of my gf's father's birth in Germany.

So my question is, does being an Army Reservist class as Crown Service ? Also as my gf's grandfather was back in the UK at the time of his son's birth does that mean Section 14(2) of the British Nationality Act 1981 doesn't apply?

I can't seem to find any information online and I'd really appreciate any advice