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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Immigration Law
Satisfied Customers: 34274
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I am a British citizen born in the UK. I have a one year old

Customer Question

I am a British citizen born in the UK. I have a one year old son from a relationship with a woman who is an overstayer. I have applied for a British passport for my son since July and I submitted my passport and his birth certificate as well as other documents. However to date he is still being denied a passport. Please advise me of my rights.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What reason has been given for the refusal?
Clare
Customer: replied 2 years ago.

It has not been refused yet but they have kept asking for more information. The last letter I received a couple of days ago has asked that I provide the following:

Details of addresses for me and my son's mother

Documentary evidence of child benefit for my son

His health record book

Photopgraphs of my son since birth with both parents(considering I am no longer in a relationship with his mother), siblings and family photopraphs taken before and after my son's birth

Marriage or divorce certificate(never been married to her)

Ethan's mother's passport(She has advised that this is misplaced and she is also an overstayer)

Expert:  Clare replied 2 years ago.
Hi
Are you named on the Birth Certificate as the father?
I assume that the child is resident in the UK?
Clare
Customer: replied 2 years ago.

Yes I am named on the birth certificate and I was present at the resgistration. I am also on his baptismal certificate. He is resident in the UK and I see him every weekend when he stays for 2 or 3 days .

Expert:  Clare replied 2 years ago.
Hi
Could you afford a DNA test?
Clare
Customer: replied 2 years ago.

I would not have thought that would have been required. Does the child have no rights in this situation without a DNA result. At present I could not afford the test anyhow.

Expert:  Clare replied 2 years ago.
Hi
It shouldn't be necessary no - I was just thinking of a way to bring matters to a swift conclusion.
Given that you are a British Citizen by birth and you are named as the father of the child on the Birth Certificate then your son is entitled to a British Passport.
If there is any doubt about his parentage then a DNA test will resolve it.
I suggest you send the evidence of the Child Benefit and his Health Record book together with a letter pointing out that as your child - as evidenced by his Birth Certificate - he is entitled to a British Passport.
Please ask if you need further details
Clare
Clare and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for this response. This is very helpful, I am hoping that they would not refuse based on his mother's current immigration status.

Expert:  Clare replied 2 years ago.
Hi
He is entitled to the passport by virtue of being YOUR son - his mother's position is not relevant
Clare
Customer: replied 2 years ago.

Thank you so so much.

Expert:  Clare replied 2 years ago.
Hi
You are most welcome I hope all goes well
Clare