Domicile and Authorization: Guidance for Caseworkers
For children born before 1st July 2006, who are seeking to claim British nationality through their father's domicile, the Home Office has provided specific guidance to ensure the legitimacy of their claim.
According to this guidance, the birth of the child must be legitimate, meaning it must be the result of a marriage or the child must be legally recognised by the father at birth. To prove this, applicants are required to submit several pieces of evidence.
Firstly, the parents' marriage certificate is essential to demonstrate the legitimacy of the claim. Additionally, if the father has previously been naturalised or registered as a British citizen, a copy of the relevant certificate issued before the child's birth is required.
In cases where adoption is involved, any adoption certificates confirming the British citizenship status of the parent must be provided. Furthermore, if there have been any name changes within the family lineage, evidence of these changes linking documents to the application is necessary.
If the applicant is unable to provide the father’s British passport details or documents, the Home Office may request further evidence of the parent’s British citizenship at the time of the child's birth. This could include the grandparents’ full birth, registration, or naturalisation certificates issued before the parent’s birth, to confirm the parent’s claim to British citizenship.
Under Section 1(1)(a) of the British Nationality Act 1981, entitlement to British citizenship applies if the child was born in the UK after 1st January 1983 or abroad in certain qualifying territories after 21st May 2002, and if one parent was a British citizen at the time of birth.
In summary, for children born before 2006 claiming British citizenship through their father, the Home Office requires proof of the parents’ marriage (to establish legitimacy), evidence of the father’s British citizenship status at the time of the child’s birth, and supporting documents linking the claim through the family lineage if passport records are insufficient. This procedure ensures the legitimacy and the correct domicile or citizenship status of the father at the relevant time is clearly established to confirm the child’s British nationality claim.
The purpose of this guidance is to provide clarity for staff on confirming a customer's father's domicile and assist in establishing a claim to British nationality.
In the context of claiming British nationality through a father's domicile, it's necessary to provide evidence of the parents' marriage to establish the legitimacy of the claim. Additionally, if the father was previously a British citizen, a copy of the relevant certificate issued before the child's birth is required, as in the case of business documents or financial records.
