Naturalisation and birth certificates

[On The One]

I am applying for fast (3-year) naturalisation on the basis of marriage. As proof of my spouse's existence I am using the marriage certificate, and her birth certificate instead of a passport. Now, I've suddenly been told that I can't use the birth certificate, because even though it says that she was born to British parents, and is British, her place of birth is listed as being abroad. Is that right?
(Unfortunately, I cannot get hold of her passport or a legally verified copy for a few weeks, and I really would like to proceed as quickly as possible. Thanks.)

[lemess]

I think you will need a copy of her passport.

A birth certificate is not considered proof of nationality. A certificate issued by a foreign government showing a nationality is not going to be given credence as UK birth certificates do not mention the parents' or the child's nationality.

If I were in your situation I'd just wait for a few weeks and get a copy of the wife's passport ! It will be the simplest option by far. Spousal birth certificates are not really meant to support naturalisation applications based on marriage.

[On The One]

Sorry. I do not actually have the birth certificate on me, and I did not know that it doesn't mention the nationality, though I do know that it CAN be used on the naturalisation form, as it says so on the form.

Problem is, my spouse has already gone abroad, and I plan to do so once I've handed in my application form. So presumably she has to make a notarised copy of the passport abroad. Does anyone know what that entails and what bits have to be copied?

[ppron747]

I'm puzzled here...

There's no law that says British citizens have to have passports or, if they have had them, that they have to keep them up to date - or keep them at all, once they're expired....

Was your wife's birth registered by a British Consulate? If it was, then (unless it was a High Commission registration, before 1983) then it is evidence of her claim to British nationality - it even has the section of the Act under which she qualified.

Alternatively, her overseas birth certificate, in conjunction with her parents' marriage certificate and father's UK birth certificate would also prove her claim.

[ppron747]

Sorry. I do not actually have the birth certificate on me, and I did not know that it doesn't mention the nationality, though I do know that it CAN be used on the naturalisation form, as it says so on the form.

Problem is, my spouse has already gone abroad, and I plan to do so once I've handed in my application form. So presumably she has to make a notarised copy of the passport abroad. Does anyone know what that entails and what bits have to be copied?

If your wife is in a foreign country, she should be able to get the British Consulate to make a certified copy of the data page (the page with the photo) of her passport, and I would imagine this would suffice. But if she's in a Commonwealth country there may be a problem because British High Commissions are not empowered to carry out notarial functions, and it may well be that IND won't accept a copy certified by a local lawyer.

[On The One]

You see, I was puzzled as well. Yes, it is registered by a British Consulate abroad. So, I should be fine...

[lemess]

I agree ppron - I hadn't thought of it that way. Obviously there is no requirement for a Uk citizen to necessarily have a passport and in that situation the birth certificate would the only way to prove a claim to nationality. Obviously you then have to prove her parents' british nationality in conjunction with her birth certificate.

However, in this case as the wife was born abroad she obviously has a British passport so it would be simpler just to get a copy of it. At the NCS they took a copy of my passport's photo page when my wife applied so I guess that should suffice.

I think a passport could result in faster processing as it would be a straightforward case. if you submitted birth certificates etc they would have to evaluate some documents to assess her british citizenship and the few weeks that you save may not end up making a difference to the total time taken

[ppron747]

You see, I was puzzled as well. Yes, it is registered by a British Consulate abroad. So, I should be fine...

Can I ask where and when, to be on the safe side?

[On The One]

1981, Germany. She is not in the Commonwealth now.

[ppron747]

1981, Germany. She is not in the Commonwealth now.

That should be fine - so long as it is a British Consular birth registration.

If it was a British Forces birth registration, though - and there were an awful lot of them in Germany - then it is not evidence of British citizenship, and would need your wife's father's UK birth and marriage certificates to support it. (The reason for this is that people don't have to be British in order to serve in the Armed Forces, so Forces birth registrations don't address nationality, but merely record the fact that the birth took place, much like a standard UK birth certificate).

[JAJ]

1981, Germany. She is not in the Commonwealth now.

That should be fine - so long as it is a British Consular birth registration.

.

A pre-1983 consular birth certificate should normally prove British nationality, but does it prove British citizenship?

Isn't it possible for persons with pre-1983 Consular birth certificates not to have had a Right of Abode in the UK and hence to have become British Overseas citizens on 1 Jan 1983?

[ppron747]

I'm grateful - as always - for quality control...

Yes, of course it is possible for someone who was born overseas, and whose birth was consularly-registered, to be something other than a British citizen today. A consular birth certificate is, of course, evidence only that the holder was British at the time of registration, and it can't take account of changes in the law that have occurred since.

In this particular case, I was making the assumption that because OP's wife is a BC, her birth was consular-registered, and he said she was born abroad to British parents, his father-in-law was probably UK-born.