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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 33969
Experience:  Over twenty-five years experience
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I am a british citizen & wish to apply for UK visas for my

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I am a british citizen & wish to apply for UK visas for my wife and step son who are both Filipino & currently living in the philippines. However, i have just discovered that i made an error when filling in the late registration form to register the birth in the philippines. One of the questions on the form asked for "name of person accepting paternal responsibility" & as it didn't specify biological father, i took it to mean person accepting the role of father for the child. Unfortunately it seems they meant biological father. Anyway my step son now has my name on his birth certificate & also now has a philippine passport with my surname as his surname. The trouble is i dont want to apply for his UK visa and get accussed of trying to con the immigration people as this could cause a UK ban to be impossed.
Can you offer any advice as to my best course of action...??
Steve N.

Has the child always been known with this surname?

Customer: replied 5 months ago.
As far as any documentation is concerned yes.
My wife did not register the birth for 3.5 years because she did not know the biological fathers details. This is why it was a late registration, which took place after we were married and needed a birth certificate to put the boy in school.

If you can prove that the surname has always been this surname then there should not be a problem. Some children have their mother's surname. This is not uncommon.

Customer: replied 5 months ago.
The problem is the boy is clearly a Filipino and not of mixed race, so when immigration see that he was 3.5 years old when I met his mother, then obviously they are going to wonder why he has my surname. And this is what worries me, because if UK immigration think I'm trying to pull the wool over their eyes, they will ban my step son & quite possibly his mother also. There was never any intent to con anyone, it was a genuine mistake, but now we cannot get a birth certificate in my wife's maiden name & his current birth certificate is accepted in the Philippines.

I see. But you have not mislead anyone about this.

It is very important from the HO perspective that you do not mislead them with regard to their forms. But if you have not mislead them in the forms then this seems to be easily explainable if it comes up.

Customer: replied 5 months ago.
No I have not, not intentionally anyway. It was just the way that question was worded, I thought that if they wanted the name of the biological father, then that is what they would ask for. So as I said earlier, I thought they wanted the name of the person that was going to accept the role of father , which was and is me. The boy is 16 in May and from 3.5 years of age he has only known me as his father, although we have explained everything to him, so he understands I am not his biological father, to which he is quite disappointed and wishes that I was.

I am really not as concerned about this. You decided to accept parental responsibility and that is what the form specifically asked for. Not biological father. I really do not think you have done anything wrong nor that there is a problem. Legally and factually you have not mislead them.

Customer: replied 5 months ago.
The annoying thing is that if he had his mother's maiden name on his birth cert. There would not be a problem, as she (my wife) would have entitlement to have any children join her in the UK.
And yes it can be explained as you say, but it just takes one jobs worth & I can kiss goodbye to any visas & to £4200 in various fees!
Customer: replied 5 months ago.
Well I have in as much as I have made it look as if I legally adopted the boy, but I have not.

Well I agree. But I still from experience think that this should not be a big issue. The key is the phraseology of the certificate form and that you consider that you have PR. Happy to discuss and please rate positive.

I hope that answers your question. Please ask anything as necessary.

I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you.

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