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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I am a British citizen living abroad and have a daughter who

Customer Question

I am a British citizen living abroad and have a daughter who was born in 2011, the mother of my daughter is from the Philippines and is married to another man even though they have been separated for around 10 years as there is no divorce allowed in the Philippines
Can I get British citizenship for my daughter, when I applied it was rejected on the grounds that the husband of my partner is considered the father even though I am the biological father and we live together as a family
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first.

Have you had a DNA test?

Customer: replied 1 year ago.
No I am willing to have one but have not been requested to take one
Expert:  Clare replied 1 year ago.

So what evidence did you use when you applied for her passport?

Customer: replied 1 year ago.
Birth Certificate naming me as the father School Records, everything was ok accept for the fact that I was unable to provide a CENOMAR (Certificateof No Marriage) from the Phillippines National Statistics Office as the record showed my partners Marriage in the Philippines
Customer: replied 1 year ago.
The Reason given to me for the application being rejected when I called the passport office was that as my partner is married on paper in the Phillppines her husband is deemed to be the father of the child, the fact that my partner has not seen him for 10 years and that he has no idea that my daughter exists doesn't seem to count for much.My understanding was that the law changed in July 2006 to allow unmarried fathers to pass on nationality to their children regardless of the marital status , even if the mother was legally married to someone else at the time of the childs birth
Customer: replied 1 year ago.
I Plan to marry my daughters mother once she is able to get an annulment of her marriage in the Phlippines, which will then legitimise my daughter, and solve the problem the issue is it can take years to get an annulment in the Philippines if it is eventually granted and cost a small fortune to get, the reason I cannot wait that long is my mother who is in her 70's and not in the best of health has not yet met her only granddaughter, I even applied for a visit visa so I could take her to meet her grandmother in the UK and the visa was denied.
so my only hope of being able to let my mother meet her only granddaughter who is now 4 years old is to get her a British passport.
Customer: replied 1 year ago.
there was a case in 2007/8 where another British father was in the same situation as me and faced 7 years in jail in the Philippines along with his partner and the child being handed over to the legal husband in the Philippines, they fled the Philippines to Thailand and the home office eventually gave UK nationality to the child on humanitarian grounds.the only difference in my case is that my daughter who is currently on a Filipino passport was born here in Saudi Arabia where I work, but when my contract eventually ends as things currently stand I can not bring her with me back to the UK which means she would have to go to the Philippines...which in view of the case faced by the british father back in 2007 is not the ideal solution.here is the link to the story I am refering tohttp://www.gazetteandherald.co.uk/news/2433754.couples_adultery_hell_over/
Expert:  Clare replied 1 year ago.

Where was the child born and registered?

Customer: replied 1 year ago.
My daughter was born in Riyadh Saudi Arabia
Expert:  Clare replied 1 year ago.

Ok

And when you applied for a passport for her they asked you for this other piece of information is that correct?

Expert:  Clare replied 1 year ago.

Are you aware that you are charged extra for a phone call?

Customer: replied 1 year ago.
Customer: replied 1 year ago.
as I mentioned all the paperwork was in order except for the fact that I provided a certificate of marriage for my partner as sh can not get a certificate of no marriage
Customer: replied 1 year ago.
When my daughter was born I went to the British embassy in Riyadh to register the birth, I informed them that although the birth certificate showed that I am married to the mother I am not married to her, the reason being in Saudi the consequesnses of having a child outside of wedlock are not jail, they behead people over here, when I got the birth certificate from the embassy it showed me as being married to my daughters mother even though I told them it was not the case.So although I have a british birth registration when I apply they want my partners certificate of no marriage which does not exist.
Expert:  Clare replied 1 year ago.

Just for clarity - all you did was apply for a passport - nothing else?

Customer: replied 1 year ago.
I applied for a passport
Expert:  Clare replied 1 year ago.

OK

Did you make the applictaion at the passport office here in the UK?

Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
I applied and paid online then sent all the documents by courier to the passport office in Liverpool,
Expert:  Clare replied 1 year ago.

I suspect a colleague has accepted your phone request.

I am happy to continue this way if you like.

The way forward is relatively simple.

The starting point is to obtain a DNA test from a reputable firm in the UK

https://www.gov.uk/guidance/paternity-testing-approved-laboratories

Once you have that re-apply and arrange a personal visit in the UK.

You are the biological father of the child and accordingly the child is entitled to a UK passport

Please ask if you need further details

Customer: replied 1 year ago.
I really need step by step guidance , I have been going around in circles for the past 4 years, can you confirm if that under UK Law a father is entitled to pass on nationality to a biological child even if the mother is foreign and married to someone else at the time of the childs birth ?
Customer: replied 1 year ago.
with regard to the DNA Test how can I get it done if I can not bring my daughter to the UK to get it done ? its all rather confusing
Expert:  Clare replied 1 year ago.

Correct.

If you are the biological father of the child then the child is entitled to British nationality

The starting point is the DNA test by one of the laboratories on the list

Look at page 3 of this

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/262105/chapter4.pdf

at the bottom it is quite clear.

Contact one of the companies and they will explain the process to you - it is perfectly possible to arrange it

Customer: replied 1 year ago.
thanks Claire appreciate your help, 1 last point can you direct me to where in the immigration and nationality act I can find proof incase I face issues going forward with the home office., I have tried looking through the act and its extremely complicated and hard to follow
Expert:  Clare replied 1 year ago.

http://www.legislation.gov.uk/ukpga/1981/61/section/2

Customer: replied 1 year ago.
I don't see anywhere regarding my situation i.e. the mother is married to another man at the time of the childs birth, this seems to be the point they are using to reject my application ?
Expert:  Clare replied 1 year ago.

That is why you need the DNA test - with that the fact that your partner is married to someone else is not relevant

Customer: replied 1 year ago.
the response from the passport office was that the husband of the mother is deemed to be the legal father not the biological father, that is the part I am looking to refute, I will of course get the DNA test done and reapply, its just I am anticipating the hurdles I will face going forward
Expert:  Clare replied 1 year ago.

That was because you did not have the DNA evidence

Customer: replied 1 year ago.
Perfect
thank you so much I really appreciate your advice, have a great weekend
Goodnight
Expert:  Clare replied 1 year ago.

You are most welcome - I hope all goes well

Customer: replied 1 year ago.
HI Claire,
I called Cellmark one of the companies who conduct DNA testing and they informed me that in order for the DNA test to be accepted as evidence of paternity the passport office have to request the test.
The reason being that the DNA kit is normally sent to the British Embassy and an embassy official would need to be present when the test is conducted as there must be an unbroken chain of custody for the DNA evidence. (the embassy would return the testing kit to the company in the UK)The problem is the passport office has not requested the test and the embassy will not cooperate without a request from the passport agency..Can you please advise how i should proceed.
Expert:  Clare replied 1 year ago.

You go ahead and have the test done in the presence of a lawyer who can swear an affidavit

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