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Topic: Adult child of British mother - adoption issue  (Read 886 times)

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Adult child of British mother - adoption issue
« on: November 08, 2004, 06:03:05 AM »
I'm trying to wade through all of the UK immigration legalese, and I'm hoping someone here can help me!

I've just been reading about the changes to British immigration law that happened in 2003, which now allows adult children of British mothers to finally get citizenship (hallelujah!):
newcomer link: http://tinyurl.com/69ulo [nonactive]

What I can't seem to figure out is how this affects adopted children?

My husband was born in the US to US parents; adopted by a US citizen (father) and UK citizen (mother).  Previously he couldn't get British citizenship because of the children born pre-1983 to British mothers loophole, which this new change fixes.  But everything talks about children _born_ to a British mother.

When he was adopted, his birth certificate was rewritten to indicate that he was born to his adopted parents; I'm hoping that will work in his favor (he literally has a birth certificate that list his British mother as his birth mother).

Any guesses?  Should he just apply and hope for the best?


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Re: Adult child of British mother - adoption issue
« Reply #1 on: November 08, 2004, 06:38:51 AM »
I've just had a look at the IND policy handbook on the web, and it is a bit confusingly worded. I think this is one for Garry, who is, I believe, a qualified immigration advisor, but this is what I found in the section on naturalisation by registration of adult children of British mothers:

Evidence required for entitlement to registration:


"i. where the claim [is] based on the applicant's mother's birth, legal adoption, naturalisation or registration in the United Kingdom or Islands (s.2(1)(b)(i)):


the applicant's birth certificate showing parents' details or adoption certificate; and


the mother's birth certificate showing her parents' details, adoption certificate, or naturalisation or registration certificate"


The sentence "applicant's birth certificate showing parents' details or adoption certificate" suggests to me that adoption may be fine, but check with Garry!
« Last Edit: November 08, 2004, 06:40:27 AM by misch »


Re: Adult child of British mother - adoption issue
« Reply #2 on: November 08, 2004, 09:39:33 AM »
Any guesses?  Should he just apply and hope for the best?


"...applicant's birth certificate showing parents' details or adoption certificate...", it's tricky, no?  But it means the parent's details or parent's adoption certificate.  It's ok if the mother was a citizen by adoption...

He needs to have been adopted within the UK for it to work.  The UK mother could have been adopted virtually anywhere, but he needs to have been in the UK.  Otherwise he needs to have been born to the UK mother in the true "biblical sense" of the word. 

HOWEVER, it doesn't mean he can't apply.  It's a complicated framework and he just might luck out with an exceptional. 

I have the impression that much of this new rule is so tricky because of Bangladesh, but nothing to verify it for sure.
« Last Edit: November 08, 2004, 09:49:24 AM by garry »


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