First Adult British Passport Documents required - British by birth - applying from overseas

[gemini45]

Hi,

I have a few questions regarding applying for a first adult British passport. My husband was born in the UK in 1976, his parents were working in the UK at the time. They left the UK a few years later to India. He has recently found out he is eligible to apply for a British passport.

My question is in relation to the documents required. He has his original birth certificates (long and short form). What's mentioned for supporting documents are :

For both of your parents, please provide the following evidence:
• their passports at the time of the applicant’s conception
• full birth certificates (showing both the child’s and parents’ details)
• their marriage certificate.


We do not have these documents. Do we need them considering that his eligibility is based on his birth in the UK prior to 1983. I don't understand why these are needed. After 1983, the law changed and it requires these documents, but do we need it for his my husbands situation ?

What if we don't have these documents what do we do?

Any advice would be much appreciated.

[contorted_svy]

I believe these documents will be needed as your husband needs to show that parents were married and their nationality (to show they had right to live in the UK). The checklist should have produced the documents that apply to his situation based on how he answered the questions in the application. Other members may advise further.

[gemini45]

Thank you for your reply.

Would they reject a passport application that does not have those documents? The birth certificate has the parents details in it.

[contorted_svy]

The birth certificate isn't proof they are married. you have to provide proof of marriage and proof of their nationality. All those documents are required, otherwise they'd be marked as optional.

[gemini45]

Thanks for your reply.

[secret.simon]

My husband was born in the UK in 1976, his parents were working in the UK at the time. They left the UK a few years later to India. He has recently found out he is eligible to apply for a British passport.

I don't think the marriage certificates may be relevant, nor their immigration status in the UK for a pre-1983 birth.

What would be very relevant would be proof of the nature of their work in the UK.

If either parent was a diplomat or was working in a quasi diplomatic role, such as by working for a multinational grouping of which the UK was a part, like a UN agency or the Commonwealth, then your husband would not have acquired Brush citizenship and thus is not eligible for a British passport.

So, what work were his parents in the UK for?

[gemini45]

His father was a Doctor at the hospital he was born in. His mother, housewife.

I thought the same as well, and checked a few immigration law websites where they say the birth certificate is usually enough for pre1983. The government website asks for a bit more.

[secret.simon]

I thought the same as well, and checked a few immigration law websites where they say the birth certificate is usually enough for pre1983.

I am inclined to agree that a pre-1983 birth certificate may be sufficient on its own. You may be asked for proof of the parents' occupation in the UK, at most.

The proof that is being asked for is for a post-1983 passport application. I am inclined to disregard the list of requirements below.

For both of your parents, please provide the following evidence:
• their passports at the time of the applicant’s conception
• full birth certificates (showing both the child’s and parents’ details)
• their marriage certificate.

Before your husband and you make that application however, there are a few things that you should plan ahead for.

Firstly, does your husband have any minor children? This is not a matter of British law, but Indian law. It seems that the Indian government is stripping Indian citizenship of any minor children either of whose parents acquires a foreign nationality, even if the other parent retains Indian citizenship. I am not sure of how such children's schooling and/or other activities in India would be affected if they are suddenly stripped of their Indian citizenship.

Secondly, of course, your husband should look at how his change of citizenship can impact any business or property ownerships or taxation may have in India. Again, not a matter for British law, but for Indian law.

Thirdly, be aware that while he (and consequently any of his legitimate children as well) may have been a British citizen from birth and can move to the UK immediately, that does not apply to his (or his children's) spouse(s). Therefore you will not be able to move to the UK simply because your husband is a British citizen. He (and any adult children) will need to meet the minimum income requirement in the UK of £29,000 per annum (or £88,500 in savings held for at least six months) and other requirements and pay all the relevant immigration fees to sponsor a spouse to the UK. So you will need to plan ahead for that.

Lastly, note that the State Pension in the UK is contributory. Your husband would be about 48 years old. If he moves to the UK and works in the UK till the UK's state retirement age of 67 (currently. It is expected to increase to ~70 eventually), that will be only 20 years worth of National Insurance contribution. A full State Pension requires a minimum of 35 years contributions. So long as your husband makes at least 10 years of NI contributions (typically by working and paying taxes), he will get some State Pension, but not the full amount.

Factor all the above planning and details in before putting in the application for a British passport.

As an aside, my manager at work is in a similar situation. He was born in the UK in the 1960s while his parents were in the UK as students. Therefore he is a British citizen by birth, unlike both his elder and younger siblings. Unfortunately he has no recollection of what was required for his first passport as his parents had applied for a British passport for him from the start.

[razergd1]

According to PO guidance for people born prior to 1983 a birth certificate is sufficient. The birth certificate should not list the father profession as diplomat nor lost the home address of the parents in a foreign mission.
Otherwise, applying from within the UK even the short one is sufficient.

I'm not sure about Indian law but aquiring a passport is not like aquiring citizenship. If your parents were not diplomats you are British since birth so may be the case for your overseas born children.

[gemini45]

Thank you @secret.simon and @razergd1. That was really helpful and need to know information.
We had brief contact with a consultant and they did say our only minor son would also be eligible for a British passport. As for me, it would be a different process, but will cross that bridge once we get to it.

We've been holding onto the application and not submitting it because of the requirement for these extra documents which we don't have.

So now, I think we will go ahead and see how it goes.

Thank you so much.