JAJ
08-04-2004, 08:16 PM
"The Don" <the_don@home.com.au> wrote in message ews:<410f6d3c$0$18672$afc38c87@news.optusnet.com.au>... British Law associated with Citizenship is outdated on one aspect: If one of your parents are British but were not married when the child is born overseas (i.e. Australia) then the child is NOT entitled to dual Citizenship for Britain and Australia..... the child is only entitled to an Australian passport.
The Home Office will now register as a British citizen the child of an
unmarried British father provided that:
- the child would have been British if the parents were married;
- application is made before age 18
- proof of paternity is established
- there are no specific reasons (such as character in the case of an
older child) to refuse registration
http://bhc.britaus.net/passports/passportsdefault.asp?id=376
However, if the parents were married there wouldn't be a problem with obtaining a British Passport as well as Australian. Even if the parents were married and only one parent was British, that child would have more rights to a British Passport than an Australian born individual whose parents were both British and the individual had spent the majority of their life in Britain.
If the mother is British born or naturalised, children born since 1
Jan 1983 outside the UK are automatically British.
In cases like this they don't even *look* at whether the parents are
married or not.
If the individual is living in Britain, then naturalisation or
registration as a British citizen on his or her own merits is often
possible.
You would think that in the 21st Century the stigma of being a 'Bastard' would be obsolete....... but not in British immigration law!
You mean nationality law.
Legislation has been passed to resolve the issue (Nationality,
Immigration and Asylum Act 2002) but has not been activated yet
because the Home Office apparently haven't worked out how to deal with
proof of paternity issues.
Until then, registration is available for those who apply.
Jeremy
The Home Office will now register as a British citizen the child of an
unmarried British father provided that:
- the child would have been British if the parents were married;
- application is made before age 18
- proof of paternity is established
- there are no specific reasons (such as character in the case of an
older child) to refuse registration
http://bhc.britaus.net/passports/passportsdefault.asp?id=376
However, if the parents were married there wouldn't be a problem with obtaining a British Passport as well as Australian. Even if the parents were married and only one parent was British, that child would have more rights to a British Passport than an Australian born individual whose parents were both British and the individual had spent the majority of their life in Britain.
If the mother is British born or naturalised, children born since 1
Jan 1983 outside the UK are automatically British.
In cases like this they don't even *look* at whether the parents are
married or not.
If the individual is living in Britain, then naturalisation or
registration as a British citizen on his or her own merits is often
possible.
You would think that in the 21st Century the stigma of being a 'Bastard' would be obsolete....... but not in British immigration law!
You mean nationality law.
Legislation has been passed to resolve the issue (Nationality,
Immigration and Asylum Act 2002) but has not been activated yet
because the Home Office apparently haven't worked out how to deal with
proof of paternity issues.
Until then, registration is available for those who apply.
Jeremy
