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Topic: Question about Citizenship by descent and bringing along Civil Partner  (Read 680 times)

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Hello, I have a couple questions I hope someone can answer. I am an American Citizen, living in the US. I wanted to apply for UK Citizenship by descent. I was born before 1983, my mother was born in Scotland but came to the US at the age of 6 along with the entirety of my Scottish family.

So first, she only has a church birth certificate, but checking with the Scottish records office they said they have an original official birth certificate on file, so I am having it sent. But the guide to form UKM says that I need:

Your mother ’s full birth certificate; and either
- Her certificate of naturalisation or registration as a citizen of the United
Kingdom and Colonies (or, before 1 January 1949, as a British subject); or
- Papers showing her legal adoption; or
- Her expired citizen of the United Kingdom and Colonies passport

What is a Certificate of Registration as a Citizen of the UK and Colonies? I can't really figure it out from Google. If it is something in addition to a birth certificate, my daft family may never have filed it. Can anyone point me in the direction of this? She wasn't adopted so that document doesn't count, and she has never held a UK passport as she came to the US at an early age and never really left.

Secondly, I am in a Domestic Partnership registered with the State of Washington. Is it best if I work out my own citizenship stuff first, and then have my partner apply for a visa or citizenship as a civil partner of a UK Citizen (assuming that I work everything out), or do we just try to do everything at once? I guess more importantly, will immigration recognize my DP as a Civil Partnership?

As an aside, I am in no huge hurry and don't have specific plans to move. And we both will have masters degrees in the next month or so, if that helps.

Thanks!
« Last Edit: April 28, 2009, 05:17:31 PM by suedehead »


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Suede, was your mom actually a citizen of UK?
And if you threw a party
Invited everyone you knew
You would see the biggest gift would be from me
And the card attached would say
"Thank you for being a friend!"


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well she was born in scotland to scottish parents


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So she is.

What was your date of birth?


Vicky


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22 June 1976


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Then you can register as British.

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/britishcitizenship/informationleaflets/bnchapters/bn13.pdf?view=Binary

Once you have done so, if you want to come and settle in the UK, you can apply for a visa for your partner. Not sure what a Washington DP is...but if it is a civil partnership or if you have been living together for two years, there should be no problem.


Vicky


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DP=Domestic Partnership


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Thanks, I was pretty sure I qualify. But for the requirements, do I need a Certificate of Registration as a Citizen of the UK and Colonies for my mother? and what is that? She doesn't have a British passport, just a birth certificate.


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The Certificate of Registration would be if she, like yourself were a British Citizen born abroad.  Because you were and she wasn't, you will need her original birth certificate or a certified copy.  Has she never had a British passport?  At what age did she leave Scotland?

Looking at the Washington State Domestic Partnership (http://www.secstate.wa.gov/corps/domesticpartnerships/faq.aspx), Vicky, it might meet the standards, but I don't remember the rules for foreign recognition.

suedehead, no matter what, even if you do run into issues with UKBA recognising your current one, you just go through the process in the UK with your partner.  But as Vicky implies, best to sort out your Citizenship first and then your Partner applies for a visa.

(The reason for the odd question about the birthdays is because there was a certain point in time where you couldn't get British Citizenship from your mother only)
WARNING My thoughts and comments are entirely my own.  Especially when it comes to immigration and tax advice, I am not a professional.  My advice is to seek out professional advice.  Your mileage may vary!
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Hi Suedehead,

Congratulations on your ability to register as British!

Re your question about the certificate of registration/passport.  Since your mother was born in the UK to UK parents, she would not have had a certificate of registration, since she didn't need to register.  And the fact that your mother didn't have a passport isn't a major problem, from what I understand.  (I only have anecdotal evidence from a couple of other people who registered and whose mothers no longer had their UK passports.)

You will need to provide an original certified copy of your birth certificate and an original certified copy of your mother's birth certificate, your passport and a letter explaining that your mother never had a UK passport...possibly, back then, she was just included in a parent's passport. 

If I were able to register (born too long ago) I would have had to write a letter too, as my mother 'lost' her UK passport long ago...neither of us are really sure what she did with it.  I'm not sure it's necessary, but I would also have included papers showing the 'chain' of my name changes (I've been married twice) to show the connection back to the name on my birth certificate.  Hope that makes sense and is of some help to you.

If you have any other questions when you are ready to fill out the registration form, be sure to ask, will try to help (again, based on anecdotal evidence of what I know others have done).
« Last Edit: April 29, 2009, 07:40:34 AM by juliloew »
UK resident since 2005, UK citizen as of 2010 due to female British parent.


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Re: Question about Citizenship by descent and bringing along Civil Partner
« Reply #10 on: April 29, 2009, 12:21:15 PM »
No passport required. As your mother was born in the UK before 1983 she is automatically British.



Looking at the Washington State Domestic Partnership (http://www.secstate.wa.gov/corps/domesticpartnerships/faq.aspx), Vicky, it might meet the standards, but I don't remember the rules for foreign recognition.


I don't think it will, as it is possible to get registered without being in a relationship akin to marriage.

Either be:

Of the same sex, or
At least one partner must be at least 62 years of age.


Suedehead, have you been living with your partner for two years?

Vicky


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Re: Question about Citizenship by descent and bringing along Civil Partner
« Reply #11 on: April 29, 2009, 02:27:23 PM »
thanks to everyone for your help!

Yes, my mother never had a passport because she was like 6 when she came to America so she must have traveled on my grandmother's passport.

As for the Domestic Partnership, we have lived together for 7 years, had a mortgage and joint bank accounts and all of that. As of this month the Washington Domestic Partnerships have been "automatically upgraded" to include everything except for the word marriage. However nothing is actually recognized federally by the US. Regardless, it's not a big deal for us to just re-register for a UK Civil Partnership or even just go to Canada to get married. I'm just happy that there is an option for that.


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Re: Question about Citizenship by descent and bringing along Civil Partner
« Reply #12 on: April 29, 2009, 02:52:04 PM »
Okay, one other thing. Sorry if I'm being a pain.

I was going to fill out the form 'UKM - Registration as a British citizen for certain persons born
before 1983 to British mothers' and I think pay like 540 pounds, but now I think I'm supposed to fill out form 'NS - Confirmation of British Nationality Status' except that it is only applicable to those with British Fathers until the law is equalized by parliament with the Citizenship Bill this year. Argh this is so confusing.


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Re: Question about Citizenship by descent and bringing along Civil Partner
« Reply #13 on: April 29, 2009, 02:59:02 PM »
UKM is the right form.

When this is done, I think it will be is easier and cheaper to apply for your partner as an 'unmarried partner'.

Vicky


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Re: Question about Citizenship by descent and bringing along Civil Partner
« Reply #14 on: April 29, 2009, 03:05:48 PM »
As for the Domestic Partnership, we have lived together for 7 years, had a mortgage and joint bank accounts and all of that. As of this month the Washington Domestic Partnerships have been "automatically upgraded" to include everything except for the word marriage. However nothing is actually recognized federally by the US. Regardless, it's not a big deal for us to just re-register for a UK Civil Partnership or even just go to Canada to get married. I'm just happy that there is an option for that.

I think we are just trying to figure a way to save you money.  If your DP isn't recognised, then your partner will have to get a proposed civil partner visa and then change to a full Civil Partner in the UK.

Canada is a possibility to save some money, but as Vicky says, you are likely to have enough documents to do an UP, go ahead and get a CP in the UK while you are in the UK.  There are some non-immigration benefits to CP in lieu of UP.
WARNING My thoughts and comments are entirely my own.  Especially when it comes to immigration and tax advice, I am not a professional.  My advice is to seek out professional advice.  Your mileage may vary!
Transpondia
UK Borders Agency (Official Government Site)
Office of Immigration Service Commissioner (Official Government Site)
My Blog


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