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Need help with filling out Domicile questionnaire

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

zackisback06
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Need help with filling out Domicile questionnaire

Post by zackisback06 » Thu Jan 12, 2012 6:51 pm

I(american citizen) recently received a domicile questionnaire for my father (British citizen by birth) to fill out for my first time British Application(which is in processing in Washington D.C. Embassy), which questions on the questionnaire should he focus on and are most important so that my application will be successful and it is reviewed in my favor? I listed the questions below
2. (a) In which country, state or province was your father born?
(b) Please also give his date of birth:
3. (a) In which country, state or province was your mother born?
(b) Please also give her date of birth:
4. (a) In which country, state or province were you born?
(b) Please give an explanation if this is different from the birthplace of your father.
(c) Please also give your date of birth:
5. Where was your father’s permanent residence at the time of your birth?
6. List each country, state or province in which you have resided from birth. Show the period of time, with dates, spent in each place and the reason for your residence there:
7. List all visits back to your country of origin, giving dates and reasons for visits:
8. If you went to the United Kingdom before you were 16 years old, please answer questions 6 and 7 in respect of your father as well as yourself.
9. Give details of your marriage(s) and/or divorce(s) as follows:
(a) The date and place of your first marriage and your wife’s name:
(b) The date and place of your divorce from you first wife:
(c) The date of your first wife’s death ( if applicable)
(d) The date and place of your second marriage and wife’s name:
(e) The date and place of your divorce from your second wife:
(f) The date of your second wife’s death (if applicable):
10. At the date of your first marriage:
(a) Did you own any land or houses?
(b) If so, in which countries, states or provinces?
(c) Give the dates on which any such property was purchased:
(d) What was your occupation, profession or business and where was it carried out?
(e) In which countries, states or provinces did you keep your principal bank account and other assets?
(f) Where was your usual residence?
(g) What were your intentions at that time (that is the time of your first marriage) regarding your future place of residence?
Please explain why and in particular:
(i) Where was it your intention to retire? Please explain why:
(ii) At that time where did you wish to end your days and be buried? Please explain why:
(iii) Under what circumstances at that time would your intention have changed or would you have decided to live elsewhere?
11. At the date of your second marriage:
(a) Did you own any land or houses? If so, in which countries, states or provinces? Give the dates on which any such property was purchased:
(b) What was your occupation, profession or business and where was it carried out?
(c) In which countries, states or provinces did you keep your principal bank account and other assets?
(d) Where was your usual residence?
(e) What were your intentions at that time (that is the time of your second marriage) regarding your future place residence? Please explain why and in particular:
(i) Where was it your intention to retire? Please explain why:
(ii) At that time where did you wish to end your days and be buried? Please explain why:
(iii) Under what circumstances at that time would your intention have changed or would you have decided to live elsewhere?
12. At the present time:-
(a) Do you own any land or houses? If so, in what countries, states or provinces? Give the dates on which any such property was purchased:
(b) What is your occupation, profession or business and where is it carried out?
(c) In which countries, states or provinces do you keep your principal bank account and other assets?
(d) Where is your usual residence?
(e) What are your intentions at the present time regarding your future place of residence? Please explain why and in particular:
(i) Where is it your intention to retire? Please explain why:
(ii) Where do you wish to end your days and be buried? Please explain why:
(iii) Under what circumstances would your intentions change?
13. In what countries have you been registered as an elector and for what periods?
Please give dates:
14. Provide information concerning your children’s education as follows:-
(a) Where are/were your children educated and for what periods?
(b) If your children are not yet of school age, where is it your intention to educate them?
15. Are there any other facts to show your attachment to a particular country (e.g. The residence of relatives):
(a) At the time of your marriage (s)/ divorce(s)?
(b) At the present time?
16. Give details of any citizenship(s) held as follows:-
(a) Of what country (or countries) are or where you a citizen?
(b) In what circumstances (e.g. by birth, descent, naturalisation or registration) did you acquire that citizenship, and when?
(c) If you obtained any citizenship by naturalisation or registration, why did you decide to do so?
17. If you have held any passport, give details as follows:-
(a) Of which countries do you still hold a valid passport?
(b) If you have previously surrendered passports of other countries, why and when did you decide to do so?

vinny
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Post by vinny » Thu Jan 12, 2012 11:15 pm

Did he marry your mother after your birth?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

zackisback06
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Post by zackisback06 » Fri Jan 13, 2012 1:04 am

Yes but I believe it was voided

vinny
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Post by vinny » Fri Jan 13, 2012 4:29 am

If the marriage was voided, then I'm not sure how your father's domicile will help.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

zackisback06
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Posts: 32
Joined: Sun Oct 23, 2011 8:08 pm

Post by zackisback06 » Fri Jan 13, 2012 2:21 pm

What if it wasnt voided? Im not sure if it was...

vinny
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Post by vinny » Fri Jan 13, 2012 3:15 pm

Click on the given links above for more info.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

zackisback06
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Posts: 32
Joined: Sun Oct 23, 2011 8:08 pm

Post by zackisback06 » Fri Jan 13, 2012 3:41 pm

What links,the FAQ section?

vinny
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Post by vinny » Sat Jan 14, 2012 12:33 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

zackisback06
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Posts: 32
Joined: Sun Oct 23, 2011 8:08 pm

Post by zackisback06 » Sat Jan 14, 2012 7:18 pm

I read the links that you posted, based on your knowledge, understanding, and interpretation of the rules is it more helpful to my case and to produce a successful application that my father's domicile be in the U.S. or UK?

vinny
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Post by vinny » Sat Jan 14, 2012 9:08 pm

The country/countries that satisfies 47(2)?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

zackisback06
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Posts: 32
Joined: Sun Oct 23, 2011 8:08 pm

Post by zackisback06 » Sat Jan 14, 2012 9:37 pm

I read 47 (2) and it is kind of confusing, can you explain too me in your own words?

vinny
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Post by vinny » Sat Jan 14, 2012 11:28 pm

47(2) is satisfied if, and only if, your father was domicile (at the time of the marriage) in a country where the subsequent marriage of your parents legitimated you.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

zackisback06
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Posts: 32
Joined: Sun Oct 23, 2011 8:08 pm

Post by zackisback06 » Mon Jan 16, 2012 6:15 pm

When the domicile questionnaire was sent to me from the passport examiner this statement was also made "Your case is not straight forward one, it might be that you have no claim to British citizenship at all. Under British Nationality law the father of the child born before 2006 must to be married to the mother of the child at the time of birth to be able to pass British nationality, which is not the case in your situation. However there are some exceptions and regulations, so your case will be referred to London to decide whether you are entitled to British citizenship". Any idea on what those exceptions and regulations the passport examiner was referring to?

vinny
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Post by vinny » Mon Jan 16, 2012 11:06 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

zackisback06
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Posts: 32
Joined: Sun Oct 23, 2011 8:08 pm

Post by zackisback06 » Tue Jan 17, 2012 7:14 am

Would those possible exceptions you listed apply only if my Dad has UK domicile or will it also apply if it is determined that my Dad has U.S. domicile?

vinny
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Post by vinny » Tue Jan 17, 2012 10:17 pm

It would depend on the legitimacy laws in the USA.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

zackisback06
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Posts: 32
Joined: Sun Oct 23, 2011 8:08 pm

Post by zackisback06 » Wed Jan 18, 2012 12:05 am

My parents voluntarily established my paternity in court together about a month after I was born. Below I listed USA laws on legitimacy and paternity...your thoughts?

Whether paternity is established voluntarily, administratively or by court action, the result is the same. In each case, the biological Father becomes the legal Father. U.S. Law

Legitimacy was formerly of great consequence, in that only legitimate children could inherit their fathers' estates. In the United States, in the early 1970s, a series of Supreme Court decisions abolished most, if not all, of the common-law disabilities of bastardy, as being violations of the equal-protection clause of the Fourteenth Amendment to the United States Constitution.

VOLUNTARY ACKNOWLEDGMENT OF PATERNITY
SECTION 301. ACKNOWLEDGMENT OF PATERNITY AUTHORIZED.

Indiana Law Ind. Code § 29-1-2-7 : Indiana Code - Section 29-1-2-7
(a) For the purpose of inheritance (on the maternal side) to, through, and from a child born out of wedlock, the child shall be treated as if the child's mother were married to the child's father at
the time of the child's birth, so that the child and the child's issue shall inherit from the child's mother and from the child's maternal kindred, both descendants and collaterals, in all degrees, and they may inherit from the child. The child shall also be treated as if the child's mother were married to the child's father at the time of the child's birth, for the purpose of determining homestead rights and the making of family allowances.
(b) For the purpose of inheritance (on the paternal side) to, through, and from a child born out of wedlock, the child shall be treated as if the child's father were married to the child's mother at the time of the child's birth, if one (1) of the following requirements is met:
(1) The paternity of a child who was at least twenty (20) years of age when the father died has been established by law in a cause of action that is filed during the father's lifetime.
(2) The paternity of a child who was less than twenty (20) years of age when the father died has been established by law in a cause of action that is filed:
(A) during the father's lifetime; or
(B) within five (5) months after the father's death.
(3) The paternity of a child born after the father died has been established by law in a cause of action that is filed within eleven (11) months after the father's death.
(4) The putative father marries the mother of the child and acknowledges the child to be his own.
(5) The putative father executes a paternity affidavit as set forth in IC 16-37-2-2.1.
(c) The testimony of the mother may be received in evidence to establish such paternity and acknowledgment, but no judgment shall be made upon the evidence of the mother alone. The evidence of the mother must be supported by corroborative evidence or circumstances.
(d) If paternity is established as described in this section, the child shall be treated as if the child's father were married to the child's mother at the time of the child's birth, so that the child and the child's issue shall inherit from the child's father and from the child's paternal kindred, both descendants and collateral, in all degrees, and they may inherit from the child. The child shall also be treated as if the child's father were married to the child's mother at the time of the child's birth, for the purpose of determining homestead rights and the making of family allowances.
(Formerly: Acts 1953, c.112, s.207.) As amended by P.L.50-1987, SEC.3; P.L.261-1989, SEC.1; P.L.9-1999, SEC.1; P.L.165-2002, SEC.4.

zackisback06
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Joined: Sun Oct 23, 2011 8:08 pm

Post by zackisback06 » Fri Jan 20, 2012 2:28 am

Vinny can you comment/reflect on my last post please?

vinny
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Post by vinny » Sat Jan 21, 2012 5:29 am

I'm not sure. The court order may complicate matters. Perhaps JAJ can give his thoughts?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

JAJ
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Australia

Post by JAJ » Sat Jan 21, 2012 11:45 pm

Need to find an immigration solicitor with the necessary competence/experience to handle this issue.

zackisback06
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Joined: Sun Oct 23, 2011 8:08 pm

Post by zackisback06 » Sun Jan 22, 2012 2:38 am

@ Jaj & Vinny to you guys have any reliable contacts,emails, or phone #s where I can get in touch with some immigration solicitors?

vinny
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Post by vinny » Fri Feb 17, 2012 1:19 am

zackisback06 wrote:Example: Father UK born but U.S. domicile since 1986-present
:child born in U.S. to unmarried father in 1988
:adult child applies for passport in 2011
According to the UK home office/IPS website publication on passports its lists the U.S. as a country that has "no distinction between children born in or outside a marriage" & that a "child is legitimate whether the parents are married or not" so with that being applied to this example will the application be successful and the passport granted?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Fri Feb 17, 2012 1:20 am

Probably not.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

zackisback06
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Joined: Sun Oct 23, 2011 8:08 pm

Post by zackisback06 » Fri Feb 17, 2012 2:02 am

why do you think probably not if it's listed on the UK IPS/Home Office official website?

vinny
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Post by vinny » Fri Feb 17, 2012 3:00 am

"child is legitimate whether the parents are married or not"
It's contrary to 47.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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