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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hello, my name isXXXXX i have recently been denied

Resolved Question:

Hello, my name isXXXXX i have recently been denied a renewed British passport on the basis of not enough information in respect of my father (British, but settled as an Australian). i have been estranged from my father since i was 8 years old, and he has now died and i have no possible way of providing further information requested. i am married to a British Citizen (9 years), i have been in the UK for over 10 years (duration of British passport) and we have two children. I would like to know what my legal options are now in respect of regularising my residency in the UK. Are you able to assist me at all?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Do you currently have a valid UK visa?
Customer: replied 3 years ago.
No passport or valid visa or documents to be legaly residing in the UK.
Expert:  UKSolicitorJA replied 3 years ago.
Thank you.

If your father was born in the UK, you may order a copy of his birth certificate from the General Register Office: https://www.gov.uk/order-copy-birth-death-marriage-certificate

His birth certificate may assist you obtaining your British Passport as you would be a British citizen if your father was born in the UK.

Hope this helps

Customer: replied 3 years ago.
how do you think i got the passport in the first place. Thankyou for trying however i dont think you can help. Is there someone else who could help please.
Expert:  UKSolicitorJA replied 3 years ago.
Renewal of a passport should be straightforward.

I would suggest that you lodge an official complaint against refusal of your passport renewal, see here for the process
https://www.gov.uk/government/organisations/hm-passport-office/about/complaints-procedure

You should be able to get your passport renewed eventually.

Hope this helps
Customer: replied 3 years ago.

Thank you for trying however not a helpful suggestion to lodge a complaint. I asked for a passport from Brittish embassy in Australia but was denied due to inconsistent facts on documents. I had the documents corrected and flew to Paris and lodged passport request and received passport. Since then I have resided in the uk . the passport required renewal so I applied. Duration of the passport renewal is about 7 months now. I was asked to come to the office for an interview and bring documents to support, which I did. At the interview I was asked to state all this and answer questions about my family and due to the document change I was advised I may have caused fraud due to document change. I left with them saying they will review and write to me with a reply. The reply came the next day and asked for information on my siblings and parents and pics and other information returned within 1 month. I had already advised that I am then youngest of 9 and don't speak with my siblings. I provided hardly any information and they returned everything with a letter saying in short that not enough info and they are not giving me a passport Or information of options. I called there office and spoke to a lady generally with options of citizenship or a stamp in my Australian passport for permenant stay. Searching inline both would seam to rerequirementsquire a visa...I don't have a visa. If I persue either than that will notify border agency and chances would be deportation. I have written formerly to passport office asking for information and stating my case and also copying in and advising my local mp. These letters will be sent today as well as me advising you now. Hopeful now you can understand why your comments so far have not been helpful. After considering this would there be anything you can advise of which would be a clear direction that I could perdue and secure my stay here for the stability of my family.I have family members who work for the home office and are casualty asking information and advising me as best as they can. Kind regards XXXXX XXXXX

Expert:  UKSolicitorJA replied 3 years ago.
Thank you,

I think we first need to see if you are a British Citizen already.

Where and when were you born?

Where and when were your parents born? Were they married?
Customer: replied 3 years ago.

I was borne in Australia mum was bourn in Australia, father was born in England. Parents married in Australia. Fathers parents married in England.mproblem is father not in pics and he said he was born in France or Canada on birth certificates, marriage certificates and stuff. In the end the truth was found he was English. Now the only thought was to prove he left England and entered Australia also get death certificate.

Customer: replied 3 years ago.

Mum born 1932 father born 1920 and I was born 1973 I have birth certificates

Expert:  UKSolicitorJA replied 3 years ago.
Thank you.

You would be a British Citizen in that case as your father was born in England in 1920.

I am afraid the problem has arisen due to the uncertainty over where he was born, as the documents state that he was born in France or Canada and not England.

If you can prove that he was indeed born in England, then there should be no problem with your passport renewal.

As an Australian citizen with a parent born in the UK, you have the right of abode in the UK and the only documents required are:
  • your full Australian birth certificate, showing your parents' details; and
  • your father's full UK birth certificate.

The problem in your case is getting hold of your father's UK birth certificate.

You do not need to worry about deportation as the Police would have been called by now if they suspected you of fraud.

 

I would suggest that you contact Philip Gamble, an expert on British Nationality and a former Home Office official, he should be able to assist you in your fight with the Passport Office/Home Office: www.philipgamble.co.uk

 

All the best

 

 

Customer: replied 3 years ago.

Thank you now this is helpful. I have what I believe is fathers birth certificate problem is all our birth certificates and parents marriage cert said either le harve france or le harve canada and his birth date 1923. There for he lied for reasons unknown. The letter sending to passport office now is as kind direct clear options I should proceed now considering I have been here for more than 10 yearsnmarried to English girl and 2 kids, paid tax and owns property's here. Advising mp is as MP's get further in this kind of situation. I do value your advise.

Expert:  UKSolicitorJA replied 3 years ago.
You are very welcome.

Please leave feedback.

I am sure it will work out in the end. Your situation is not unique.
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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Customer: replied 3 years ago.

Thank you for your time.

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