Author Topic: British Passport denied Advice required  (Read 3238 times)

Offline fareastbob

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British Passport denied Advice required
« on: May 31, 2016, 03:17:05 PM »
Today I received the long awaited passport from the UK for my daughter, (applied for in June 2015), imagine my disgust upon opening to find that her application had been denied.

Reason given for denial was that, although I her Father who was born reared, educated and worked for 30 years in the UK with a full UK passport,   
Her Mother (Filipino) at the time of our daughters birth was still married to a Filipino and under  guideline rules  of the British Nationality act 1981  section 50(9) and 50 (9a)she was not entitled to be British citizen and so she can not get a passport.
I was sure that I had read some where that if a child of 1 British parent who was born abroad was entitled to have a British passport.
Can any of the members here give advice   

Offline suzukig1

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Re: British Passport denied Advice required
« Reply #1 on: May 31, 2016, 07:43:26 PM »

I would suggest looking to see if there are other requirements that need to be met before the child can become a British citizen.

The rejection of citizenship in the situation described is not unusual.  For example, for a U.S. citizen father in the same situation, the child would not automatically be granted U.S. citizenship.

U.S. citizen father and non-U.S. citizen mother that are not married to each other and the child is born outside of the U.S.  Before the child can be granted U.S. citizenship:

1. the father needs to provide an affidavit that says he will support the child financially until that child is 18 years old.

2. a DNA test is required to prove that the father is the biological father

Offline copusmaximus

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Re: British Passport denied Advice required
« Reply #2 on: May 31, 2016, 08:13:56 PM »
i am just guessing that because she was still married there is a chance the child is not yours i would appeal the ruling but have a dna test from a british recognised place to prove parentage .

Offline Steve & Myrlita

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Re: British Passport denied Advice required
« Reply #3 on: May 31, 2016, 08:31:49 PM »
According to the movie "Banged Up Abroad", if the mother is still married to a Filipino, the child is automatically recognized by Filipino Law as the husband's child whether he fathered her or not because under the family code, the wife and her child are her husband's property. I hope that law is abolished but I doubt it.

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Offline fred

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Re: British Passport denied Advice required
« Reply #4 on: May 31, 2016, 09:14:17 PM »
Yes..but he`s applying for a Brit passport for his child...Nothing to do with Philippine law..
Bit busy now but I will do some research...Best advice I can give the OP is to call the HMPO help line...Ask them why the child was denied and ask what can be done to resolve the issue.
To me it sounds as if perhaps the form was filled in incorrectly..

Edit: Just a thought.. If you can prove via documentation that the child is yours (usually a birth cert? you can register the childs birth at the Brit embassy.. There is a good chance (probability) that the girls husband is the named Father on that cert so thats a problem.
I would imagine that a DNA test would be the next move to prove paternity and then the child's application can move forward...
Pls check with the help line to confirm.
« Last Edit: May 31, 2016, 09:28:20 PM by fred »

Offline Art, just a re(tired) Fil-Am

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Re: British Passport denied Advice required
« Reply #5 on: May 31, 2016, 09:23:17 PM »
Her Mother (Filipino) at the time of our daughters birth was still married to a Filipino.

Your statement above is where your problem lies,  because the mother was still married to a Filipino at the time of your daugther's birth.  So under an assumption, you have no proof that she is your daughter unless you have registered her birth with the Briish Embassy with a DNA test attached and then have legally adopted her as your own and with an affidavit from the mother's Filipino husband acknowledging the affidavit.
You could also be charged of concubinage under Philippine laws of adultery, but that's another issue if it ever comes up in a court of law in the Philippines, once you return to the Philippines and the Filipino husband press charges of adultery just to get money out of you.
Mums the word for now until you get helpl from a reputable attorney to fix your legal issues of parenthood.
« Last Edit: May 31, 2016, 09:45:50 PM by Art, just a re(tired) Fil-Am »
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Offline fred

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Re: British Passport denied Advice required
« Reply #6 on: May 31, 2016, 09:39:14 PM »
Your statement above is where your problem lies,  because the mother was still married to a Filipino at the time of your daugther's birth.  So under an assumption, you have no proof that she is your daughter unless you have registered her birth with the Briish Embassy wirh a DNA test attached and then have legally adopted her as your own and with an affidavit from the mother's Filipino husband acknowledging the affidavit.
You could also be charged of concubinage under Philippine laws of adultery, but that's another issue if it ever comes up in a cout of law in the Philippines. Mums the word for now until you get helpl from a reputable attorney to fix your legal issues of parenthood.

Last person he needs is a Filipino Attorney right now as it does not involve Filipino law..He can deal directly with HMPO...
No one but a complainant will press charges against the girl...Only the girls husband can do that and that will be an adultery charge..Not Concubinage..That said,if the Husband were to make an adultery complaint against her the O.P would also have to be included in the complaint.
I agree..Mums the word until the OP gets advice about proof of paternity from HMPO.

Offline Art, just a re(tired) Fil-Am

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Re: British Passport denied Advice required
« Reply #7 on: May 31, 2016, 10:15:36 PM »
Today I received the long awaited passport from the UK for my daughter, (applied for in June 2015), imagine my disgust upon opening to find that her application had been denied.

Reason given for denial was that, although I her Father who was born reared, educated and worked for 30 years in the UK with a full UK passport,   
Her Mother (Filipino) at the time of our daughters birth was still married to a Filipino and under  guideline rules  of the British Nationality act 1981  section 50(9) and 50 (9a)she was not entitled to be British citizen and so she can not get a passport.
It was obvious to the UK passport issuing agency that fareastbob did not have sufficient proof that he was the legal biological father since he wasn't married to his daughter's mother at the time of her birth, because the mother was still married to a Filipino citizen. I would assume the daughter is still in the Philippines with her mother. Has her mother gotten an annulment from her Filipino husband and is fareastbob now married to his daughter's mother?
He will definitely need a good reputable attorney in the Philippines, because his issues are all under Philippine Laws and UK attorneys have no way in fixing his particular circumstances concerning his issues proving that his daughter has rights of being a British citizen by birth overseas, but how could she unless the father can prove he's the biological father and out of wedlock at that, which presents the problem in getting his daughter a UK passport let alone a Philippine passport if she's a dual citizen by birth to a British citizen father. 
"Life is what we all make it to be"!
"It's always a matter of money"!
"Do on to others as they would do on to You, but do it first"!
"Different strokes for different folks"!
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Offline fred

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Re: British Passport denied Advice required
« Reply #8 on: May 31, 2016, 11:38:19 PM »
It was obvious to the UK passport issuing agency that fareastbob did not have sufficient proof that he was the legal biological father since he wasn't married to his daughter's mother at the time of her birth, because the mother was still married to a Filipino citizen. I would assume the daughter is still in the Philippines with her mother. Has her mother gotten an annulment from her Filipino husband and is fareastbob now married to his daughter's mother?
He will definitely need a good reputable attorney in the Philippines, because his issues are all under Philippine Laws and UK attorneys have no way in fixing his particular circumstances concerning his issues proving that his daughter has rights of being a British citizen by birth overseas, but how could she unless the father can prove he's the biological father and out of wedlock at that, which presents the problem in getting his daughter a UK passport let alone a Philippine passport if she's a dual citizen by birth to a British citizen father.

It makes no difference to the HMPO if the woman is the OP`s GF or his wife or if she is married or not.. to whomever!!
All they care about is if the child is his and with documentation to prove it.. The child,even if with only one British parent is entitled to be a British citizen by decent..
The ONLY authority to give this guy the correct advice as to what requirements are necessary for the OP to get his child a British passport is the HMPO... Let them advise him...Not a Filipino Lawyer!!
Its my guess that they will need a DNA test approved by the Brit embassy but lets wait and see..
« Last Edit: June 01, 2016, 12:06:05 AM by fred »

Offline copusmaximus

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Re: British Passport denied Advice required
« Reply #9 on: June 01, 2016, 07:59:08 AM »
It makes no difference to the HMPO if the woman is the OP`s GF or his wife or if she is married or not.. to whomever!!
This is 100 % correct as i have looked into this when my gf got pregnant however there are many things needed to prove your child and relationship. they ask for proof of bf/gf pictures of places events showing both together during pregnancy and at hospital before and after pictures at birth a dna is not needed but can be asked for if they need further proof of paternity. unfortunate for me gf had miscarriage . also as stated my name also needs be on birth cert. way easier to apply for british passport same year baby born with all paperwork in place rather than wait until child is older and getting paper work here takes alota time .


Edit by Steve: Fixed the quote to show who it came from.
« Last Edit: June 01, 2016, 03:44:56 PM by Steve & Myrlita »

Offline Art, just a re(tired) Fil-Am

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Re: British Passport denied Advice required
« Reply #10 on: June 01, 2016, 08:41:30 AM »
OK, after a brief research, here's what I came up with concerning fareastbob's applying for his daughter's UK passport.

https://www.gov.uk/get-a-child-passport

Who can apply for a child's UK passport

You can usually apply for a passport for your child if:
they’re under 16

you legally have ‘parental responsibility’ for them
You automatically have parental responsibility if you:

are the child’s mother

are the child’s father and are married to the child’s mother

were married to the child’s mother when the child was born (or, in Scotland, when the mother became pregnant)

have adopted the child (alone, or jointly)

Read more information about parental responsibility if your situation is more complex or you jointly registered the birth of your child.

http://tinyurl.com/ju347t7

Parental responsibility
If the application is made before the parental order is A child under 16 must have permission from a granted, the rules are more complex. Please contact person with parental responsibility. us for guidance if this applies to you.
The mother automatically has parental Step-parents (adults who enter into a marriage or responsibility for her child from birth, and can civil partnership with someone who is already give permission. defined as a parent as explained above) can give
The father can give permission if he: permission only if they have parental responsibility
• was married to the mother at the time of the by a parental responsibility order, a child
 child’s birth (or, for those living in Scotland, arrangements order giving parental responsibility
 when the mother became pregnant) or parental responsibility agreement.
• was married to the mother at any time after If the child is in care or is living with foster the child’s birth
parents, we will need permission from the
• has a parental responsibility order or
 agreement (which must be sent with the local authority before we can issue a passport
 application) to the child. For separate guidance notes for
• has a child arrangements order which grants social services, please visit www.gov.uk/
 parental responsibility, or government/publications
• is named on the birth certificate (which must If the court has made an order about who the be sent with the application) and the birth child should live with, or about the child having a was jointly registered on or after: passport, this must be sent in with the - 15 April 2002 in Northern Ireland application. If someone has made an objection - 1 December 2003 in England and Wales, or to the child having the passport, we may refuse - 4 May 2006 in Scotland
"Life is what we all make it to be"!
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Offline fareastbob

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Re: British Passport denied Advice required
« Reply #11 on: June 01, 2016, 09:50:47 AM »
Thanks to all the contributions a little more information.
The passport application was based on my daughters right by birth to a be a UK citizen and be issued with a UK passport. that the application was based on.
My Daughter was conceived in Dubai original passports of both Mother and Father, prove that we were both in Dubai at the time of Conception.
Her Mother returned to The Philippines for her birth as it would have caused to many problems in Dubai.
I joined the Mother at the termination of my contract in Dubai and have remained here for over 7 years, with various spells ought of the Philippines for work stints.
I have maintained a home here for all of us she has been enrolled in School, since the age of 2 & 1/2.
The mothers marrital status is now sorted by his timely death in prison 2 years ago.
We have not discussed getting married nor have we discussed adoption proceedings because by the British citizen by right of parent Is what she is entitled to. That parent can be Mother or Father it states now where that I could see about this is over ruled parts of and by an earlier act as the one they have referenced for denile.
I am going reread the citizen by parental birth again and sort out how I can lodge an appeal. I shall keep you guys appraised of progress

Offline hitekcountry

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Re: British Passport denied Advice required
« Reply #12 on: June 01, 2016, 11:13:32 AM »
 Who’s name is listed as the father on the child’s birth certificate?

Offline suzukig1

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Re: British Passport denied Advice required
« Reply #13 on: June 01, 2016, 02:21:26 PM »
Thanks to all the contributions a little more information.
The passport application was based on my daughters right by birth to a be a UK citizen and be issued with a UK passport. that the application was based on.
My Daughter was conceived in Dubai original passports of both Mother and Father, prove that we were both in Dubai at the time of Conception.
Her Mother returned to The Philippines for her birth as it would have caused to many problems in Dubai.
I joined the Mother at the termination of my contract in Dubai and have remained here for over 7 years, with various spells ought of the Philippines for work stints.
I have maintained a home here for all of us she has been enrolled in School, since the age of 2 & 1/2.
The mothers marrital status is now sorted by his timely death in prison 2 years ago.
We have not discussed getting married nor have we discussed adoption proceedings because by the British citizen by right of parent Is what she is entitled to. That parent can be Mother or Father it states now where that I could see about this is over ruled parts of and by an earlier act as the one they have referenced for denile.
I am going reread the citizen by parental birth again and sort out how I can lodge an appeal. I shall keep you guys appraised of progress

It is probably going to be that your child has the right to British citizenship but because you were not married to the mother you will have to prove paternity (DNA test).  It is not good enough to have the child's birth certificate state that you are the father.  (This is similar to the U.S. when the father is not married to the mother and the mother is not a U.S. citizen and the child is not born in the U.S.)

https://www.freemovement.org.uk/proving-paternity-in-british-nationality-law-rule-change-on-effect-of-birth-certificates/

Being named as father on birth certificate will in future no longer be sufficient to prove paternity in British nationality law where the parents are unmarried. The change is introduced by the British Nationality (Proof of Paternity) (Amendment) Regulations 2015...

Offline fareastbob

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Re: British Passport denied Advice required
« Reply #14 on: June 01, 2016, 04:46:39 PM »
I am named as the Father on her birth certificate.
The return letter even references or acknowledges that I am the biological father.
But they are saying that she was still not eligibal to a passport due to the fact that that her Mother was married at time of birth.
I think the passport office us playing fast and loose saying I statute says she is entitled and that is what the application was based on and then judging the application to a completely new set of rules and regs.
I have been down this path 2 years ago and turned down on a bull s*** technicality for citizenship prior to passport application and the Philippine marriage was not even mentioned

 


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