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User:Jmortoza26/British Nationality application rules for children born abroad

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This is an old revision of this page, as edited by 92.24.28.69 (talk) at 15:51, 21 September 2010 (Foreign born persons who are eligible for a British passport). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

Introduction

There are several groups that nationality laws have ended up ignoring by not taking into consideration the outcome of the policies which have leave out certain persons born to British citizens who like their siblings should have the same rights but for their age and where they are born. Consequently such persons belong to families that have been split as the impact of such laws have caused a set of distinct rules for each person to follow.

The issues have divided families and have given each sibling born in a specific year a different route to nationality and citizenship. Some of these groups are considered to be automatically citizens, while others have to pay fees, undergo background criminal checks, and undergo attendance of civil ceremonies. In addition there are groups of children born to British citizens who have neither a right of abode or nationality status because of the circumstances surrounding their parents marital status.

The four main groups identified who have suffered discrimination based on nationality laws and regulations are

1. Children born abroad to female British citizens before 1983

2. Children born to unwed British fathers before July 2006

3. Children born abroad to British citizens who are born abroad

The effects of the law are that different children of the same parent British citizen can have a variety of different routes open or not open to them based on where they are born and the period of time they are born thus creating inequalities even between their own siblings (brothers and sisters) as well as others.

This has led to the disenfranchisement of the rights of these people who remain treated as a distinct set of groups from other citizens including their own siblings.

Foreign born persons who are eligible for a British passport

Depending on the gender of your parent there are two different methods towards obtaining a passport. In the case of those descended through a female citizen there are additional requirements involved depending on the period or year a person is born

There are only one of two paths open to persons descended from a mother or father who is British and if they are born abroad. Unlike their siblings who may be automatically British these two groups are excluded from being considered automatically British primarily because of either their age in the case of children born to British mothers or the parental marital status in the case of British fathers. It should be mention in the case of British unwed fathers it does not matter if the child is born in our outside the United Kingdom.

      ♦ Through a father
      ♦ Through a mother

Since the independence of creation commonwealth countries following the end of world war II a number of nationality laws were enacted both in the United Kingdom and its former territories that tried to untangle the complexities of citizenships and rights. Many of them assumed that there was no intermixing of persons within the British empire and missed out circumstances for the rights of those persons who may have been born abroad. In some cases there own siblings either if they are younger are considered automatically British, or if they are born in the UK are considered automatically British, but not for a good many unfortunate few who have endured a institutionalised discrimination of their rights that set them apart from everybody else.

The laws were passed without any regard to equality over transmission of citizenship between male and female British citizens as well as contained some antiquated ideas over children born out of wedlock who until 2006 were not even recognised.

As a consequence a number of further legislations had to be passed to try and remedy the situation. Some of these remedies did not go far enough and were not explicit in their objectives giving rise to further complications. Three main groups can be identified who have been missed out of the nationality law due partially to oversight and they have all been affected primarily because of their age

The article will explain how these three group have been treated historically and some of the changes in immigration law that have been affected. While one would think that reform would have covered a lot of these issues there are still groups left out simply because of the year and circumstances they were born under.

Current issues

Fees

The use of high fees has become controversial as it is being used as a means to block registration by imposing financial constraint on those who either may not be able to afford the fees due to unemployment or illness or by those who simply cannot afford the fees as it is close to a month's salary for some. The current fee of £540 for registration is set to go up again to £580 which has caused considerable hardship to many. This is why people affected have begun to campaign to have the fees annulled as well as checks on them as they constitute a separate and distinct group of persons other then immigrants who are naturalised.Fees for 2010

Background checks

The good character requirement Children of British female citizens are required to register as British. One of the requirements is that they undergo a background check if over the age of 10 for assessment of their good character. Good character requirement

Citizenship ceremonies

Citations

British nationality law

[born abroad to British mothers before1983]

[born abroad after 1982 to British mothers or to British fathers before or after 1983]

http://en.wikipedia.org/wiki/British_nationality_law#Children_born_abroad_after_1982_to_British_mothers_or_to_British_fathers_before_or_after_1983

Section 3(1) - illegitimate children of British citizen fathers

Children born in uk

Groups who are campaigning

♦ Campaigns Parliamentary archives Handsards. The group mentioned in Hansards can be found on the following link Campaigns
♦ On line Petition Petition for british nationality
♦ Children born abroad to British parents Children born abroad to British mothers