# Another applying for dual citizenship question. :)



## Honeychurch84 (Jul 1, 2010)

Hi there, my very first post.

I'm an Australian citizen & I'm of mixed heritage. My dad was born & bred in the UK and I've been thinking of applying for dual citizenship for 2 years now. I haven't submitted an application yet because I'm afraid that I'll be rejected. My main issue is the fact that I don't have access to my birth certificate..its lost. I had no issue applying for an Aus passport last year without it. Another issue is that I can't get into contact with the hospital in Jakarta, Indonesia where I was born to request a copy the certificate.

Then there is an issue with the certificate being riddled with mistakes. For example, my first name is mispelled and was never amended. My surname is my father's nickname. My mother listed my father's nickname as his first name (she is clueless) and his birthdate is incorrect. She listed him as being older by a year. In Indonesia your child takes on his/ her father's first name as their family name. And last but not least my dad's nationality was left blank. My mother and I left Jakarta shortly after I was born and she never amended the aforementioned incorrect info. And I have a minor criminal record. I wasn't ordered to pay a fine or serve time etc. It was over 7 years ago now. When I say minor it was me being silly when I was a teen with shoplifting from a major fancy dept store maybe all together the items were under $500-600 dollars. I really can't remember...try to block it out of my head as a criminal record comes with a stigma. Even though I didn't kill or assault anybody, deal drugs or take drugs, etc.

Anyhoo, I can take a DNA test to prove that my dad (British citizen) is my biological father. And I think I can get him to find his birth certificate if required. Is anyone familiar with the process of applying for dual citizenship from Australia considering my circumstance? I've contacted a few people at British high commision office in Australia but they all refer me to contact the British High Commission in Canberra or by calling their overseas (NZ) call centre on a 1900 number which costs $3.50 a minute. 

Look forward to some helpful advice before I muster up the courage to apply. I wonder if anyone has or had a similar issue or at least knows someone that can help me.

Thanks.


----------



## Honeychurch84 (Jul 1, 2010)

Sorry, not sure how to edit my post above. However I forgot to mention that my parents weren't married at the time of my birth. But they were together for 4 years or so.


----------



## Joppa (Sep 7, 2009)

Honeychurch84 said:


> Hi there, my very first post.
> 
> I'm an Australian citizen & I'm of mixed heritage. My dad was born & bred in the UK and I've been thinking of applying for dual citizenship for 2 years now. I haven't submitted an application yet because I'm afraid that I'll be rejected. My main issue is the fact that I don't have access to my birth certificate..its lost. I had no issue applying for an Aus passport last year without it. Another issue is that I can't get into contact with the hospital in Jakarta, Indonesia where I was born to request a copy the certificate.
> 
> ...


From details you have given, it appears that you are not eligible for British citizenship. Those born overseas to a British father (who is British otherwise than by descent, as your father was) do not become British citizen (by descent) if at the time of their birth their parents weren't married to each other, or did not marry subsequently. The law was changed in 2006, so those born since 1 July 2006 can inherit British nationality, but it's not backdated. There is a technical exception for those born in a country where their father was domiciled that treated the nationality of a child born to unmarried parents in the same way as married, even before 2006. But only certain countries qualify, such as Jamaica, NZ, Brazil and Hungary. The rules are complicated, so you should consult a professional advisor to ascertain your exact legal position.
Nevertheless, if you were under 18, you could still register as British citizen with a suitable proof of paternity and consent of both parents, but I presume you are above that age and have therefore missed the boat.
The only way you can obtain British citizenship is by naturalisation. You can get ancestry visa for UK, and after 5 years' work and residence, you can apply for naturalisation.
As for your criminal conviction, the general rule is if you have to apply for British citizenship by naturalisation or registration, but not born as British, then any unspent conviction will in all likelihood lead to your application being rejected. I think for a consequence less than a fine, such as warning, reprimand, bind over, community service etc, it's normally 2.5 years or less. You need to find out what is the British equivalent of any criminal record you've received, and check against a list of spent convictions, such as Your rights - How a Conviction becomes Spent
But as I have said, the rules on British citizenship are extraordinarily complicated, with frequent revisions, so you should speak to the High Commission or another legal advisor to ascertain your exact position. Don't take my word for it!


----------



## Honeychurch84 (Jul 1, 2010)

Joppa said:


> From details you have given, it appears that you are not eligible for British citizenship. Those born overseas to a British father (who is British otherwise than by descent, as your father was) do not become British citizen (by descent) if at the time of their birth their parents weren't married to each other, or did not marry subsequently. The law was changed in 2006, so those born since 1 July 2006 can inherit British nationality, but it's not backdated. There is a technical exception for those born in a country where their father was domiciled that treated the nationality of a child born to unmarried parents in the same way as married, even before 2006. But only certain countries qualify, such as Jamaica, NZ, Brazil and Hungary. The rules are complicated, so you should consult a professional advisor to ascertain your exact legal position.
> Nevertheless, if you were under 18, you could still register as British citizen with a suitable proof of paternity and consent of both parents, but I presume you are above that age and have therefore missed the boat.
> The only way you can obtain British citizenship is by naturalisation. You can get ancestry visa for UK, and after 5 years' work and residence, you can apply for naturalisation.
> As for your criminal conviction, the general rule is if you have to apply for British citizenship by naturalisation or registration, but not born as British, then any unspent conviction will in all likelihood lead to your application being rejected. I think for a consequence less than a fine, such as warning, reprimand, bind over, community service etc, it's normally 2.5 years or less. You need to find out what is the British equivalent of any criminal record you've received, and check against a list of spent convictions.
> ...


Thank you so much for your information. You are right about not being eligible because my parents were unmarried at the time. And even though they were in a defacto relationship (as if they were married) I don't believe Indonesia qualifies as one of those countries. Besides, I'm not even sure if my parents would have the appropriate documents to prove this. I'd need a lot of money to acquire the services of a UK immigration officer to help me beat the system. 

But thank you for your informative post. I might try to gain Italian citizenship by descent instead from my grandad (my dad's side) as he has retained his Italian nationality despite living in the UK these past 50 years.


----------



## Honeychurch84 (Jul 1, 2010)

Hi Joppa I have another dual citizenship question regarding Italian nationality by descent. But I'll post it in the the Italian expat forum. If you have any information on the appropriate process on this that would great.


----------

