Son's UK Passport?

[wfmk]

First time poster, long time lurker here

Need some advice from the wise sages on this forum.

Quite a complicated one this, but here goes. My partner and I live in the UAE, she is Pinay and long-term estranged from husband back in Philippines. I am British. Last August we discovered that we were going to have a baby boy, yippee, so we immediately filed the annulment proceedings and then in time our son was born (flew back to Cebu for the birth).

Son now has Philippines passport, NSO birth certificate with my name on it, but the bloody annulment is still not done. I am wanting to apply for a UK passport when he's back here in the UAE next week, but fear that his 'illegitimacy' and the fact that my partner's marriage has not yet been dissolved will result in the application being rejected.

Any experience or advice out there? The application will be made through the Dusseldorf passport centre.

Many thanks

Thomas

[BoholoX]

Hi Thomas

I've just got my son's British passport who was born in the RP. We applied through Manila (Hong Kong) but the form (C2) is the same. Not sure on any additional information that you require to apply in Germany, there are some additional requirements if you apply RP. There is a section asking about the mother's marital status that also asks whether the marriage has been dissolved or not.

Hope that helps

http://www.fco.gov.uk/en/travel-and-...ications-forms

[wfmk]

Hi Boholox

Many thanks for your reply.

Yep, the form's the same, and therein lies the problem. If I put marriage not yet dissolved on the application, will that automatically void his application?

[BoholoX]

I'm no expert but this looks promising, only one parent needs to be British so surely marital status (married/single/divorced/seperated) is irrelevant?

http://www.ukba.homeoffice.gov.uk/br.../bornoverseas/

[wfmk]

That does indeed look promising, but the passport C2 notes state the following:

From 1 July 2006 the definition of a parent for British nationality purposes changed to include illegitimate children born through a surragacy arrangement to a British citizen father, provided that the mother of the child is still not married to another man.

However I am the father on the NSO birth certificate, and he has my surname on this and his Pinoy passport.

[junior02]

That does indeed look promising, but the passport C2 notes state the following:

From 1 July 2006 the definition of a parent for British nationality purposes changed to include illegitimate children born through a surragacy arrangement to a British citizen father, provided that the mother of the child is still not married to another man.

However I am the father on the NSO birth certificate, and he has my surname on this and his Pinoy passport.

It was a 2009 wen i got my 2kids brit pports and i had to supply a cenomar from the mother showing she not married, im not sure now, You can get a brit pport if your not married to the mother but she has to right a letter of consent, you also need antinatel and delivery notes from hospital wer child born. But i think she has to be single on cenomar or married to you..

[scottishbride]

First time poster, long time lurker here

Need some advice from the wise sages on this forum.

Quite a complicated one this, but here goes. My partner and I live in the UAE, she is Pinay and long-term estranged from husband back in Philippines.

Thomas

I think the British Embassy are now asking CENOMAR ( Certificate of No marriage).

[wfmk]

But I'm applying for this outside the Philippines, and son already has Philippine passport with my surname. Do you think they'd still be as demanding elsewhere?

[scottishbride]

Read this, i hope this will help.

CONSULAR BIRTH REGISTRATIONS


A Consular Birth Registration is not a legal requirement, but it is recommended.

Births outside the Philippines will need to be forwarded to the relevant British Embassy post for registering.

The advantages of applying for a Consular Birth Registration are:

• A British style birth certificate is available as evidence of British nationality.
• A record of the birth will afterwards be held in the General Registry Office in the United Kingdom. Further copies can be obtained from the General Registry Office.

IMPORTANT NOTICE

 The majority of unsuccessful applications are refused due to the fact that one of the parents of the applicant is STILL married to someone else and has not declared this to us. Please note that we do carry out checks on marriages and this may delay the application.

 If you are unable to provide some of the documents mentioned below or if there are any doubts regarding the application, you may be required to attend an interview and/or require you to do a D.N.A. test to prove the relationship between parents and applicant (child). Please note that we may ask for further documents after your application has been taken in, please do not therefore book any flights until you know for sure that the birth registration will be issued.

 Payment: Fee 16 and Fee 18 on current Consular fee list

 Once you have all required documents and are ready to make an appointment, please send an email to Manila.ConsAppointment@fco.gov.uk.


PROCEDURES AND REQUIREMENTS:

 Category A. For applicants born ON/AFTER 1st July 2006 to parents who are married/unmarried, where the British citizen father is named on the local birth certificate within a year of the child’s birth, and the mother is NOT married to someone else.

 Category B. For applicants born BEFORE 1st July 2006 to married parents, where the British citizen father is named on the local birth certificate within a year of the child’s birth, and the mother is NOT married to someone else.

CHECKLIST OF REQUIREMENTS FOR CATEGORIES A & B

COMPULSORY DOCUMENTS
 Please present ORIGINAL documents and a photocopy of each document.
 For requirements marked with asterisk (*), we require only the original document.

• Completed Form BMD 001/007 (please download from the website) *
• Birth Certificate on NSO (National Statistics Office) Security paper
• Parents’ birth certificates –
 British parent: submit full/long version UK birth certificate, or Birth Registration, or Naturalisation certificate
 Philippine born parent: submit NSO birth certificate
• If applicable, parents’ marriage certificate – submit NSO marriage certificate if married in the Philippines
• If applicable, evidence of parents’ termination of any previous marriage (divorce decree nisi, annulment) *
• CRS Form no 5 - Advisory on Marriages (available from the NSO) *
• Submit CENOMAR (Certificate of No Marriage Record) for Philippine citizen parent if not married to the British parent of the applicant *
• If parents are not married, mother’s written consent to the registration of the child
• If applicable, father’s/mother’s death certificate *
• If applicable, birth certificates of all other brothers and sisters (applicant’s siblings) *
• Both parents’ passports from around the time of applicant’s conception *
• Home Office documents for Philippine nationals who have become British Citizens
• Current or previous passports held by applicant *
• Mother’s antenatal/postnatal/delivery notes, scans and ultrasounds from hospital (from hospital in the UK and in the Philippines), photos of mother pregnant. If unable to obtain original records, please submit copies, which have been attested by the hospital *

ADDITIONAL REQUIRED DOCUMENTS

• Depending on the applicant’s age, we may also ask for school records, local photo identity documents, photographs of the applicant growing up, parents' UK documents.


 Category C. For applicants born BEFORE 1st JULY 2006 to unmarried parents, whose claim to British nationality is through the father only and whose parents subsequently marry after the child’s birth:


CHECKLIST OF REQUIREMENTS FOR CATEGORY C

COMPULSORY DOCUMENTS
 Please present ORIGINAL documents and a photocopy of each document.
 For requirements marked with asterisk (*), we require only the original document.

• Completed Form BMD 001/007 (please download from the website) *
• Birth Certificate on NSO (National Statistics Office) Security paper
• Parents’ birth certificates –
 British parent: submit full/long version UK birth certificate, or Birth Registration, or Naturalisation certificate
 Philippine born parent: submit NSO birth certificate
• If applicable, parents’ marriage certificate – submit NSO marriage certificate if married in the Philippines
• If applicable, evidence of parents’ termination of any previous marriage (divorce decree nisi, annulment) *
• CRS Form no 5 - Advisory on Marriages (available from the NSO) *
• Submit CENOMAR (Certificate of No Marriage Record) for Philippine citizen parent if not married to the British parent of the applicant *
• If parents are not married, mother’s written consent to the registration of the child
• If applicable, father’s/mother’s death certificate *
• If applicable, birth certificates of all other brothers and sisters (applicant’s siblings) *
• Both parents’ passports from around the time of applicant’s conception *
• Home Office documents for Philippine nationals who have become British Citizens
• Current or previous passports held by applicant *
• Mother’s antenatal/postnatal/delivery notes, scans and ultrasounds from hospital (from hospital in the UK and in the Philippines), photos of mother pregnant. If unable to obtain original records, please submit copies, which have been attested by the hospital *

ADDITIONAL REQUIRED DOCUMENTS

• Depending on the applicant’s age, we may also ask for school records, local photo identity documents, photographs of the applicant growing up, parents' UK documents.


 Category D. For children whose claim to British nationality is through the mother only, the parents are not married and where the mother wishes the father’s details to be included in the register of birth and the fathers name is on the local birth certificate – declarations must be signed by both biological parents. However, if the father is not available (ie deceased), a declaration signed by the mother only is acceptable.

 Category E. Where the claim is through the mother only and the mother is married to someone who is not the father of the child – declarations must be signed by both biological parents if the father’s details are to be added to the register of birth.

 Category F. Where the claim is through the mother only and the mother wants the father’s details to be added to the register of birth but he is not included on the local birth certificate – declarations must be signed by both parents. If the whereabouts of the father is not known then the father’s details cannot be added to the register of births.




CHECKLIST OF REQUIREMENTS FOR CATEGORIES D, E & F


COMPULSORY DOCUMENTS
 Please present ORIGINAL documents and a photocopy of each document.
 For requirements marked with asterisk (*), we require only the original document.

• Completed Form BMD 001/007 (please download from the website) *
• Both parents must sign Declarations of Paternity in front of a Consular officer
• The father must complete a Domicile Questionnaire
NOTE: The purpose of this is to establish whether the father has retained a domicile in the UK (this basically means close connections in the UK) and can therefore benefit from the provisions of British nationality law.
• Applicant’s birth certificate on NSO (National Statistics Office) Security paper
• Parents’ birth certificates –
 British parent: submit full/long version UK birth certificate, or Birth Registration, or Naturalisation certificate
 Philippine born parent: submit NSO birth certificate
• If applicable, parents’ marriage certificate – submit NSO marriage certificate if married in the Philippines
• If applicable, evidence of parents’ termination of any previous marriage (divorce decree nisi, annulment) *
• CRS Form no 5 - Advisory on Marriages (available from the NSO) *
• Submit CENOMAR (Certificate of No Marriage Record) for Philippine citizen parent if not married to the British parent of the applicant *
• If parents are not married, mother’s written consent to the registration of the child
• If applicable, father’s/mother’s death certificate *
• If applicable, birth certificates of all other brothers and sisters (applicant’s siblings) *
• Both parents’ passports from around the time of applicant’s conception *
• Home Office documents for Philippine nationals who have become British Citizens
• Current or previous passports held by applicant *
• Mother’s antenatal/postnatal/delivery notes, scans and ultrasounds from hospital (from hospital in the UK and in the Philippines), photos of mother pregnant. If unable to obtain original records, please submit copies, which have been attested by the hospital *

ADDITIONAL REQUIRED DOCUMENTS

• Depending on the applicant’s age, we may also ask for school records, local photo identity documents, photographs of the applicant growing up, parents' UK documents.



USEFUL CONTACTS:

 For Philippine Birth, Marriage & other civil registry document
National Statistics Office
Civil Registration Department
Vibal Building, EDSA
Quezon City 1104
Hotline: +632 737 1111
Website: www.e-census.com.ph / Email: e-census.info@mail.census.gov.ph

 For enquiries about UK birth, death, marriage and civil partnership
Consular Directorate
Foreign and Commonwealth Office
Room G38, Old Admiralty Building
London SW1A 2PA
Tel: +0044 207 008 0186
Email: bmdenquiries@fco.gov.uk

 Requests for duplicate copies of naturalisation certificate
Nationality Enquiries Team
Immigration and Nationality Directorate
Home Office, PO Box 306, Liverpool L69 2UX

[wfmk]

Thanks for this, but am not applying for a consular birth certificate. Am wanting a UK passport.

[scottishbride]

Back in 2007, if my memory proves me right. I presented a CENOMAR at the British embassy to register my daughter and get her a british passport. Because at that time, my partner who is now my husband was not married before.

[scottishbride]

Thanks for this, but am not applying for a consular birth certificate. Am wanting a UK passport.

You will need to register your son, so he can have British birth certificate and then, you can apply for his passport.

[Terpe]

I hope that this mean you should have no problems.
There are a number of members here who have been in similar or even more complicated circumstances and have won through.

Children born on or after 1 July 2006
• the mother (i.e. the woman who gives birth to the child)
• the father if:
a. he is married to the mother at the time of the birth; or
b. he is treated as the father under section 28 of the Human Fertilisation and Embryology Act 1990; or
c. (if neither (a) nor (b) apply) he can satisfy certain requirements as regards proof of paternity – i.e. he is named as the father on a birth certificate issued within 1 year of the child’s birth or he can satisfy the Home Secretary that he is the father of the child (by means of DNA test results, court orders or other relevant evidence)

Source:-
BN4 - BRITISH CITIZENSHIP - CHILDREN BORN OUTSIDE THE UNITED KINGDOM SINCE 1 JANUARY 1983

Hope this is helpful

[wfmk]

Think I'll take him to the embassy here in the UAE and see what they say. I guess as with all things ambassadorial, it will depend what rules they're looking at, and if they're in a good mood.

I have a 'genuine' CENOMAR with red ribbon, but it comes from a dubious source in the DFA who was linked to our first annulment lawyer who turned out to be a total crook. But that's a story for another thread..

[CBM]

This may be out of date. My elder son was born in Manila in 1995; I was married to someone else and his mother was single; he of course has a Philippines birth certificate and I did not register him at the embassy. I got divorced, two years later I married his mother in Hong Kong and two years after that we moved to the UK. The Liverpool Home Office unit to whom we were referred simply said that since I am British he is British; end of story. He has never had a British birth certificate.

(His current problem is that he wants to drop his Philippines citizenship to join HM Forces.)

[lastlid]

From Wikipedia....

British Citizenship can be acquired in the following ways:
lex soli: By birth in the United Kingdom to a parent who is a British citizen at the time of the birth, or to a parent who is settled in the United Kingdom
lex sanguinis: By birth abroad, which constitutes "by descent" if one of the parents is a British citizen otherwise than by descent (for example by birth, adoption, registration or naturalisation in the United Kingdom). British citizenship by descent is only transferable to one generation down from the parent who is a British citizen otherwise than by descent, if the child is born abroad.
By naturalisation
By registration
By adoption

http://en.wikipedia.org/wiki/British_nationality_law

[lastlid]

I was looking this kind of thing up today and even phoned the Isle of Man Immigration people as I wondered about the Isle of Man and UK Citizenship. Turns out that they are one and the same. So a child of ours born in the Isle of Man would have a British passport.

Source:-
BN4 - BRITISH CITIZENSHIP - CHILDREN BORN OUTSIDE THE UNITED KINGDOM SINCE 1 JANUARY 1983

For some strange reason, in this instance, the UK includes the Isle of Man.

[Terpe]

I was looking this kind of thing up today and even phoned the Isle of Man Immigration people as I wondered about the Isle of Man and UK Citizenship. Turns out that they are one and the same. So a child of ours born in the Isle of Man would have a British passport.

For some strange reason, in this instance, the UK includes the Isle of Man.

Could be a misprint

[Steve.r]

Just because he does not posess a Uk birth certificate should not prevent him becoming British. My son only has a Phils Birth Cert, and we got his passport with no problems. We were told was that we could apply for a British cert at the embassy, but it had no extra weight behind it and the cost of it was not worth it, there was no point.

[CBM]

I stand to be corrected but I think the British consular birth certificate has a point in one circumstance - if the British parent(s) of a child born outside Britain is/are themselves born abroad, they are not "patrials" and as such their child does not acquire British citizenship unless the birth is registered with the Consulate.

This point is worth keeping in mind if your spouse is/was not British at birth and you have children who are British - your grandchildren may lose British citizenship if born abroad and unregistered.

[lastlid]

Could be a misprint

Could be. But it correlates with what I heard today on the phone. I was surprised as I wasn't expecting that.

[junior02]

I registered my 2kids a year after getting ther pports it was just over 12,000 for each child, i think its worth it and for me peace of mind, its not a requirement but the advantages are the cert is evidence of brit nationality and it gets sent to registry office in uk after 1 year..

[elve_page]

Just because he does not posess a Uk birth certificate should not prevent him becoming British. My son only has a Phils Birth Cert, and we got his passport with no problems. We were told was that we could apply for a British cert at the embassy, but it had no extra weight behind it and the cost of it was not worth it, there was no point.

Hello Steve.r
I have son 5 months old now born here in the Philippines and i am married to his father a british citizen. Wer'e planning to go to manila by next week to apply our son's british birth cert and british passport. I have gathered all the requirements need but there's one requirement that i need more information about the Home Office documents for Philippine nationals who have become British Citizens.
I hope you can give me information about it. thank you.

[Steve.r]

Hello Steve.r
I have son 5 months old now born here in the Philippines and i am married to his father a british citizen. Wer'e planning to go to manila by next week to apply our son's british birth cert and british passport. I have gathered all the requirements need but there's one requirement that i need more information about the Home Office documents for Philippine nationals who have become British Citizens.
I hope you can give me information about it. thank you.

Have you filled out and got all the required papers for the C2 form? The part you have highlighted is for Philippine nationals who have become British Nationals, you have not, (as you have not indicated this) so you dont have to worry about that bit.
Just make sure you have all the information needed for the C2 form.

Here are the forms and papers needed (taken from another of my posts)

This is the C2 form, http://centralcontent.fco.gov.uk/res...fs/form-c2.pdf


Here are the C2 notes:
http://centralcontent.fco.gov.uk/res...m-c2-notes.pdf

Here is a list of required documents for the Philippines:




CHILDREN UNDER 16, BORN OUTSIDE OF THE UK (where only ONE parent was British at the time of birth)

• Current British passport
• Local birth certificate, if born in the Philippines, NSO version
• British Birth Certificate (if held)
• Parents passports at time of the birth of applicant
• Parents current passports
• Home Office naturalisation/registration document of applicant and parents if applicable
• Parents Marriage Certificate
• CRS Form no 5 - Advisory on Marriages (available from the NSO)
• CENOMAR for Philippine citizen parent (if parents are not married)
• Birth certificates of all other siblings
• Annulment/Divorce/death certificate for parents
• Mother's antenatal/postnatal/delivery notes, scans and ultrasounds from hospital.

We understand that not all of the above documentation will be available. Please provide as much as possible when you submit the application.
Contact Us:

If you cannot find the information you need on the website, you could contact the Careline Passport Information Line at +44 208 082 4744 (Credit Card Line - calls will be charged at £0.72 per minute plus VAT) 21:00 Sunday UK time - 01:30 Saturday UK time (24 hour service). Please be aware that you will be charged for this call.

[elve_page]

Yes, filled out and got all the requirements for C2 form and ready to apply. Thank you so much Steve.r