British nationaility law is one of the most complex in the world and deciding who has citizenship requires expert knowledge.I'm interested in applying for British citizenship in addition to my current Australian citizenship.
I was born in 1988, too early for the 2006 amendments to citizenship laws and too old for application to be registered as a child.
I was born in Australia to a mother with Australian citizenship and a father who has retained his UK citizenship, though he has resided in Australia for around 30 years now. My parents did not marry though they were together for more than 20 years, which I think classifies them as a common law marriage under Australian law. My father's name is on my birth certificate and he quite happily acknowledges me as his child. I worked in the UK for around 10 months when I was 18 and my ancestry visa has only recently expired. I'd now like to apply for UK citizenship as I hope to move to the UK in December, after completing my uni degree, and intend to remain there.
There seems to be a lot of mixed information on websites but from what I can tell if there is strong evidence that my father actually admits to being my father then I have a chance, though it's apparently more or less on the whims of immigration officers. I'm sure my father would be willing to submit to a paternity test, though I feel like it's an insult to have to ask him, if necessary. My parents were happy together for longer than most marriages and chose to remain unmarried as they are both atheists and view marriage as a religious requirement. It seems unfair that my relationship with my father in considered less because of the lack of a certificate that meant nothing to my parents.
Anyway, if anyone could advise me on what steps I should take to gain citizenship I'd really appreciate it.
Having said that, it seems 99% clear to me that you aren't British by birth and the only way for you is naturalisation, after living in UK for 3 years (married to a Briton) or 5 years.
While unmarried partnership can under certain circumstances be regarded as giving the same rights as marriage, it doesn't apply to nationality cases. This is what UKBA says:
10.3 Since "marriage" for the purposes of the British Nationality Acts means marriage that is recognised for all purposes as subsisting according to English law, common law relationships cannot be treated as marriages for nationality purposes (i.e. to establish an automatic claim to citizenship, or eligibility for registration/naturalisation, or for the purposes of the fee concession in joint applications for naturalisation).http://www.ukba.homeoffice.gov.uk/s...nstructions/nisec2gensec/marriage?view=Binary
Prior to 2006 changes, citizenship by descent through a British father was restricted to legitimate children to avoid giving nationality to a potentially large number conceived after 'one-night stand', esp in times of war, without any other connection to UK. 2006 act acknowledges the unfairness of insisting on marriage, but sadly doesn't apply to you. And you could have registered as a minor, but you've missed the boat for that.
While the Home Secretary has ultimate discretion to allow citizenship, it's reserved for the most deserving compassionate cases and I don't think you will fall into that category.