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British Passport Revoked

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

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

Obie
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Location: UK/Ireland
Ireland

Re: British Passport Revoked

Post by Obie » Fri Feb 26, 2016 10:32 pm

I am minded to go as far as to say a registration certificate wold have been issued under 3 (1), as there is no power under section 6 (1) to naturalise a minor.
Smooth seas do not make skilful sailors

Richard W
- thin ice -
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Location: Stevenage
England

Re: British Passport Revoked

Post by Richard W » Fri Feb 26, 2016 10:40 pm

Obie wrote:I am minded to go as far as to say a registration certificate would have been issued under 3 (1), as there is no power under section 6 (1) to naturalise a minor.
When did the registration of children as British cease to be recorded on a naturalisation certificate? The most recent example I could find is dated 1939, and there've been two major nationality acts since then (1948 and 1981).

vinny
Moderator
Posts: 32938
Joined: Tue Sep 25, 2007 8:58 pm

Re: British Passport Revoked

Post by vinny » Fri Feb 26, 2016 10:41 pm

I agree that the children's registrations would be under Section 3(1).

But I'm not sure if in those days they would have included the children's details in her father's naturalisation certificate, if they were included in his naturalisation application; or would they have issued separate registration certificates for the children?
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.

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: British Passport Revoked

Post by Obie » Fri Feb 26, 2016 11:02 pm

Richard W wrote:
Obie wrote:I am minded to go as far as to say a registration certificate would have been issued under 3 (1), as there is no power under section 6 (1) to naturalise a minor.
When did the registration of children as British cease to be recorded on a naturalisation certificate?
Possibly from the 1st January 1983.
Smooth seas do not make skilful sailors

Obie
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Location: UK/Ireland
Ireland

Re: British Passport Revoked

Post by Obie » Fri Feb 26, 2016 11:07 pm

vinny wrote:I agree that the children's registrations would be under Section 3(1).

But I'm not sure if in those days they would have included the children's details in her father's naturalisation certificate, if they were included in his naturalisation application; or would they have issued separate registration certificates for the children?
I suspect the administrative means by which the SSHD gives effect to section 3(1), will not have an effect on the fact that it was on that basis that the minor would have been issued, when their father naturalise.
Smooth seas do not make skilful sailors

vinny
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Posts: 32938
Joined: Tue Sep 25, 2007 8:58 pm

Re: British Passport Revoked

Post by vinny » Fri Feb 26, 2016 11:51 pm

Yes.

If the children were registered, by being included in their father's naturalisation application, then the Home Office should have given them some documentation to that effect. Either on their father's naturalisation certificate or on separate registration certificates.

It may help if she gives us the dates of these events.
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.

Thisgirlcan
Newly Registered
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Joined: Wed Feb 24, 2016 1:04 pm

Re: British Passport Revoked

Post by Thisgirlcan » Mon Sep 12, 2016 2:39 pm

Hi Everyone, I was finally granted my indefinite today. It's been a long emotional ride. Thank you to everyone who contributed. God bless you all.

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

Re: British Passport Revoked

Post by vinny » Mon Sep 12, 2016 2:54 pm

Did your father find, or get a duplicate of, his naturalisation certificate?

Were you not included on it?
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.

Thisgirlcan
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Joined: Wed Feb 24, 2016 1:04 pm

Re: British Passport Revoked

Post by Thisgirlcan » Mon Sep 12, 2016 3:03 pm

My dad couldn't find the certificate unfortunately. So my lawyer decided to file for the indefinite leave to remain outside the immigration rules. We had to provide documents proving that I have been here since 1984.

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

Re: British Passport Revoked

Post by vinny » Mon Sep 12, 2016 3:14 pm

Try to get a duplicate copy of your father's naturalisation certificate.

If you are named on it, then you are British. You can also get a refund for the ILR.
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.

ouflak1
Senior Member
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Re: British Passport Revoked

Post by ouflak1 » Mon Sep 12, 2016 8:55 pm

Thisgirlcan wrote:Hi Everyone, I was finally granted my indefinite today. It's been a long emotional ride. Thank you to everyone who contributed. God bless you all.
Well atleast you are stable now. It seems you have a decent lawyer. Now you are in a far better position to get your possible existing citizenship sorted out.

Thisgirlcan
Newly Registered
Posts: 26
Joined: Wed Feb 24, 2016 1:04 pm

Re: British Passport Revoked

Post by Thisgirlcan » Tue Sep 13, 2016 12:24 am

I agree, now I'm able to sort it all out properly. I will also try and get a duplicate of my dad's naturalisation certificate. I'm grateful for all the suggestions and advice. Thank You.

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

Re: British Passport Revoked

Post by vinny » Tue Sep 13, 2016 1:55 am

Here is an example of a mother remembering correctly, of children being included in a parent's naturalisation certificate.
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
Moderator
Posts: 32938
Joined: Tue Sep 25, 2007 8:58 pm

Re: British Passport Revoked

Post by vinny » Fri Sep 23, 2016 1:05 am

If you were not named on your father's naturalisation certificate, then
vinny wrote:see also 6.3.9 (Construing passport etc applications as applications for citizenship)
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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