How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
28732269
Type Your Immigration Law Question Here...
Thomas is online now

If an individual was born in the United kingdom and has a

Customer Question

If an individual was born in the United kingdom and has a British Birth certificate, how can that individual obtain a British passport?
Submitted: 11 months ago.
Category: Immigration Law
Customer: replied 11 months ago.
The individual father is a UK citizen their mother is not but the individuals fathers name is ***** ***** on their birth certificate. ...what can this person do to obtain a british passport ?
Expert:  Thomas replied 11 months ago.

Hi

Thanks for your patience.

When was the person born please?

What nationality is the child's mother?

Why is the father not on the birth certificate?

Tom

Customer: replied 11 months ago.
The child was born in the 1990 ...
Left the uk 2 yrs later traveling without a passport
And the father's name was not included on the birth certificate because the father wasn't present at the time when it was created
Expert:  Thomas replied 11 months ago.

Right.

Was the father a UK citizen at the time of the child's birth?

Customer: replied 11 months ago.
he was ...he has a UK passport as well but now he has passed away
Expert:  Thomas replied 11 months ago.

Okay.

Was there no father listed on the birth certificate?

How did the father become a UK citizen? Was the father born in the UK before 1983?

Customer: replied 11 months ago.
He became a citizen after marriage... I am unsure of what year but but It was definitely more than 40 years ago. And the father's name is ***** ***** on the birth certificate.
Expert:  Thomas replied 11 months ago.

Hi

Thanks for your question. I will try to help.

The issue is the birth certificate.

As the father was a UK citizen at the time of the child’s birth and the child was born in the UK then the child would be automatically a UK citizen and in normal circumstances could apply for a British passport.

The difficulty in that you would probably not be able to apply straight away is because the father is not listed on the birth certificate.

The following link contains guidance as to how corrections can be made to a birth certificate:

The issue at this stage is the considerable lapse of time and that the father has passed away. If there was DNA proof that the father was the parent of the child then this would likely be accepted and the amendment made to the birth certificate, or else an order from the court would have to be sought.

If the father is not around to confirm that he is the father of the child to provide it to the birth certificate and you do not have any DNA confirmation that he is the parent then it’s going to be difficult. Really, this is a somewhat unusual question and you would probably have to seek advice from a specialist family solicitor in person. It may be that they offer a view on whether a Statutory Declaration executed by you confirming that the father is the parent of the child may possibly be sufficient to have his name added to the birth certificate so that the person could apply for British citizenship. However, it is probable that this may not be accepted and so you may have to apply for a court order.

Basically, the position right now is that if the father is of the child then the child is entitled to British citizenship but only if you can prove the fact that he is the parent and that this is made much more difficult by the fact that he has passed away. You really need to seek specific advice on this from a solicitor practising Family Law/Birth Registration in person because there is no application you could make yourself which is likely to be accepted at this time but a solicitor may be able to help after taking your instructions in person.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Expert:  Thomas replied 11 months ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Expert:  Thomas replied 10 months ago.
Hi Is there any further information you require? I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page. Kind regards, Tom

Related Immigration Law Questions