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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70183
Experience:  Over 5 years in practice
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I am in need of some advice regarding addresses for

Resolved Question:

Hello
I am in need of some advice regarding addresses for passport purposes. My son (18+) is out of stable work for as long time but is far too proud to claim benefits. As such, he bed hops between a number of residences (his mum, mine (dad), friends, etc). The question is which address should he have put on the passport renewal application.
He has an ongoing court case against him for which he has legal counsel assigned. For court/documentation purposes the solicitor got confirmation from his mum and her partner that they could use her address as that is where all of his correspondence goes (court papers, bank statements etc). Based on that, I advised him to put her address on the renewal application.
He has recently managed to acquire a job offer for which he needs to provide photo id. He does not have a photo driving licence so we went down the passport renewal route and paid for fast-tracking.
My son and his mum have a long history of not getting on and recently things have soured considerably. His passport arrived at his mums by courier service yesterday (Thursday) and his mum refused to sign for it and, out of spite, declared that my son doesn't live there and it must be a case of fraud, so my request for advice is:-
A. Have we committed fraud, albeit innocently?
B. Could he have put my address on the passport renewal? Would that have been a worse situation given that he has no documentation in his name that comes to my address.
C. I am also concerned for the person that countersigned the application. Although he is a family friend and knows my son, he also knows that he bed hops etc so he signed in good faith on my assurance that my son's mum's address was the best one.
D. I gave the "advice" so am I in trouble?
E. What can we do? Both myself and the countersigner have never been in trouble and have good jobs that we cannot afford to jeopardise. I gave the "advice" to all parties based innocently on my logic of what the best course of action was. I didn't expect his mum to refuse to accept the passport.
F. What is our course of action? Nobody has attempted to commit any kind of fraud. My son needs a passport to complete his job offer and to get his life back on track. No passport = no job. How can I get the passport delivered? Is it a case of explaining all this to the passport office and hoping that they will send it to me, or insist on a fresh application. Would they be agreeable to sending it to my son's solicitor?
Your help, in advance, is gratefully received.
Many thanks.
Andy
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
A No. It is just an incorrect declaration and even that is arguable.
B Yes, if he does stay there regularly. It would have been better to include a covering letter explaining.
C Yes?
D No.
E Nothing will happen over this. They might write back asking for an explanation. You don't have to sleep literally every night at the address at which you live.
F Just explain the situation. You haven't said anything untrue.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Hi

Thanks for the response. It has put my mind at ease. I thought we were going to be in trouble.

I don't under the answer of "Yes?" to question C. Are you merely prompting me to ask a question? If so, the question is "Is the countersigner in trouble?". Based on your other answers I imagine your response will be "no, he is not in trouble". Please could you confirm.

If I ring the passport office tomorrow and explain all of this do you think they will reissue my son's passport to my address? Will they likely want some kind of formal written declaration which will hold up the release of the passport? I am concerned as time is ticking and if my son could have taken receipt of the passport yesterday, he would have been starting work on Monday. The intended employer has been made aware that we are waiting for the passport but any delays may see the job offer being withdrawn.

Andy

Expert:  Jo C. replied 2 years ago.
He is not in trouble on this basis.
Nobody has made any unclear declarations . He does live there. He just doesn't sleep every night there.
they will probably want a formal declaration unfortunately.
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