cant get passed 1st base

[sheldon1]

just when i thought i was on a home run, i have discovered that because my boy was born before july 2006. i have to with my wife signed a paternity document in front of a consular officer in manila.which i means i have to be present. i have to also fill in domicile questionaire. this is only if the child falls into this genre before 2006. what a bummer!!!

[stevie c]

Sods law mate..Life can sometines be damn right awkward & frustrating & very unfair

[grahamw48]

Total nonsense isn't it.

Be cheaper to get a DNA test done.

Also illustrates why it is so important to register the child's birth with the British Embassy in the first place AND get the child a British passport from the off.

[Terpe]

just when i thought i was on a home run, i have discovered that because my boy was born before july 2006. i have to with my wife signed a paternity document in front of a consular officer in manila.which i means i have to be present. i have to also fill in domicile questionaire. this is only if the child falls into this genre before 2006. what a bummer!!!

That seems a very harsh and very expensive decision by the authorities.
Have you queried that with the FCO? Or even your local MP?

Seems to me to be an utter nonsense.

I would certainly question that. Absolutely nothing to lose by doing so.
As Graham says, a DNA test would be cheaper and more positive than any signed paternity paper.

[Terpe]

Here is something you should be armed with when asking for help and discretionary decision making, it just may help :-

The House of Commons Daily Hansard Monday 9 May 2011

Look to item 12 under the heading "Immigration and Asylum Law"

Transcript reads:-

12. Dr Julian Huppert (Cambridge) (LD): What her policy is on measures to ensure that children born overseas to unmarried male British citizens before 2006 are treated in a manner equivalent to those born after 2006. [54328]

The Minister for Immigration (Damian Green): I am grateful to my hon. Friend for reminding the House of this odd hangover from previous legislation. Children born overseas to unmarried British fathers before July 2006 were unable to acquire citizenship by descent from their father. However, the UK Border Agency will register such people as British citizens if an application is made before their 18th birthday.

Dr Huppert: I thank the Minister for those comments. He was also sympathetic when my hon. Friend the Member for Carshalton and Wallington (Tom Brake) raised this matter two years ago. Will he seek a legislative opportunity to correct this situation by statute rather than rely on discretion, which may or may not be applied to children who may or may not be inside the country?

Damian Green: As I said, my hon. Friend makes a valid point. There is, however, an established registration route for children born to British unmarried fathers under section 3 of the British Nationality Act 1981, which allows the Home Secretary to register any child under the age of 18 as a British citizen, and this discretion has been used for many years. Of course those who are


9 May 2011 : Column 899

not able to register because they are over the age of 18 can instead naturalise as British citizens if they are resident in the UK and meet the requirements for naturalisation. As he says, any change to the nationality law would have to be made through primary legislation and there is no appropriate vehicle before the House at the moment.

It appears that Damian Green recognises the "odd hangover" and is open to sensible decisions at a discretionary level.