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Children's First Passport Application (Born Overseas)

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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Xcelency
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Children's First Passport Application (Born Overseas)

Post by Xcelency » Thu Mar 12, 2020 3:33 pm

Hello,

I am a British Citizen otherwise than by descent.

My two children 6 and 3, were born in Vietnam and are currently under their Mother's Vietnamese passport.

It is my understanding from everything I have read online that the children are British Citizens by birth.

I see two possible complications in that my son was born on the 26th February 2014 and my wife and I were legally married on the 22nd May 2014, a few days under 3 months after child was born.

The second possible issue which involves both son and daughter is that my name does not appear on their birth certificates because the Vietnamese authorities don't put the father's name on the birth certificate if the father is a foreigner.

Even a cursory glance at my children would be sufficient to tell who their father is as they both look like me, however I am not sure if this would be acceptable to HMPO.

Would using a lawyer help, if so, please recommend.

Thanks in advance for your help.

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Zerubbabel
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Re: Children's First Passport Application (Born Overseas)

Post by Zerubbabel » Thu Mar 12, 2020 6:32 pm

Hello

I don't know how it works in Vietnam really but at one point you need to be able to demonstrate they are your children.

You cannot just bring a kid and tell the authorities "he looks like me, he is mine". You need to substantiate your claim by documents. Is there any document that prove you are the father?

Xcelency
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Re: Children's First Passport Application (Born Overseas)

Post by Xcelency » Thu Mar 12, 2020 6:40 pm

Zerubbabel wrote:
Thu Mar 12, 2020 6:32 pm
Hello

I don't know how it works in Vietnam really but at one point you need to be able to demonstrate they are your children.

You cannot just bring a kid and tell the authorities "he looks like me, he is mine". You need to substantiate your claim by documents. Is there any document that prove you are the father?
Hi Zerubbabel thank you for your reply mate, there are no documents that proves I am the father because the only document that HMPO would accept would be a birth certificate, which of course does not name me as the father.

This would then mean that I am in the unfortunate circumstance of having to get DNA tests done to prove that my children are my children, even though there are dozens of photos of me with my babies from the time they were born.

Ultimately, why should it matter? I am legally married to their mother so they are my kids anyway.

Not being argumentative mate, just a bit frustrated (mostly at my wife for taking the Viet hospital's advice) that I have to prove my kids are mine... considering I made them.

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Zerubbabel
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Re: Children's First Passport Application (Born Overseas)

Post by Zerubbabel » Thu Mar 12, 2020 8:39 pm

You are welcome :)

I found this guidance:

https://assets.publishing.service.gov.u ... 3.0ext.pdf

From page 10, it could be relevant to you (about DNA evidence).

But I am not certain that the DNA evidence alone is accepted.

Are you sure you tried everything in Vietnam? Did you check with a local solicitor? There must be some possibilities to get your name in the Birth Certificate as it's really the easiest way to get things sorted later in the UK.

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Re: Children's First Passport Application (Born Overseas)

Post by Richard W » Fri Mar 13, 2020 7:11 pm

Xcelency wrote:
Thu Mar 12, 2020 3:33 pm
The second possible issue which involves both son and daughter is that my name does not appear on their birth certificates because the Vietnamese authorities don't put the father's name on the birth certificate if the father is a foreigner.
Your daughter is British because when she was born her mother was your wife. Biological paternity is irrelevant. This should reduce the cost of DNA testing.

As to your son, credible DNA testing should be enough - unclear results or suspicion of fraud should be the only reasons for rejecting the evidence. Your son is only a British citizen if you have satisfied the SSHD that you are his biological father.

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