Child born in UK but birth certificate issued from Pakistan

Andy380 · Post by **Andy380** » Fri Sep 30, 2011 7:22 pm

Dear all advisors,

My story is very strange, can any one advice me.

My child born in the Uk on 2005, at that time me & my wife were illegal.
In 2006 I got a work permit, We all including my wife, my son & me went back to Pakistan to get a work permit visa on our Pakistani passport.

In Pakistan we manage to make Pakistani passport for our child, which says he is born in Pakistan. His work permit dependent visa was issued on that passport.

Now we three have ILR, want to apply for Neutralisation. What should we do for child application as he has a UK born birth certificate but on his passport he is Pakistan born. His age is 7 years.

Any advice will be very helpful.

boloney · Post by **boloney** » Sat Oct 01, 2011 10:17 am

How did you manage flying with baby to Pakistan without his/her passport?

Andy380 · Post by **Andy380** » Sat Oct 01, 2011 10:33 am

boloney wrote:How did you manage flying with baby to Pakistan without his/her passport?

We manage to get Travel document from London for him with wrong date of birth.
I am thinking that we couple apply for BC ist then we apply for child British passport on his UK birth certificate.

I know it's complicated, please advise me.

geriatrix · Post by **geriatrix** » Sat Oct 01, 2011 11:22 am

1. Is the date of birth mentioned in Pakistani passport same as the one mentioned in the child's birth certificate?
2. Does the Pakistani passport mention place / country of birth?

Andy380 · Post by **Andy380** » Sat Oct 01, 2011 11:39 am

sushdmehta wrote:1. Is the date of birth mentioned in Pakistani passport same as the one mentioned in the child's birth certificate?
2. Does the Pakistani passport mention place / country of birth?

1.Date of birth in Pakistani Passport is wrong as compare to UK birth certificate.

2. Pakistani passport have mention place & country of birth I.e Pakistan.

geriatrix · Post by **geriatrix** » Sat Oct 01, 2011 12:02 pm

MN1 application does not require that the UK-born-child's Pakistani passport to be provided for registration as a British citizen. Likewise for the child's first British passport.

That said, do remember that your child has been issued entry clearance and ILR on his Pakistani passport - and therefore UKBA has your child's "incorrect" date of birth on record! So, if you now apply for MN1 using the UK birth certificate, a background check on immigration history of the child may bring up the discrepancy right away.

So, you never know when this mistake you made will come to haunt you time and again.

Andy380 · Post by **Andy380** » Sat Oct 01, 2011 12:42 pm

sushdmehta wrote:MN1 application does not require that the UK-born-child's Pakistani passport to be provided for registration as a British citizen. Likewise for the child's first British passport.

That said, do remember that your child has been issued entry clearance and ILR on his Pakistani passport - and therefore UKBA has your child's "incorrect" date of birth on record! So, if you now apply for MN1 using the UK birth certificate, the discrepancy will come up right away.

So, you never know when this mistake you made will come to haunt you time and again.

Greatly appreciate yours helpful reply.

It means I can apply using MN1 form for his UK Passport by attaching UK birth certificate only, before we couple apply for Neutralisation.

On MN1 form there are travel dates out of UK, what should I write there.

Also if I'm right, in future if he wants to travel to Pakistan, he can use Pakistani passport which has ILR stamp.

Waiting for yours kind reply

boloney · Post by **boloney** » Sat Oct 01, 2011 6:25 pm

You can use mn1 form to register him as British Citizen, you can do it now if you wish.After he is registered as British Than apply for his British passport.

Andy380 · Post by **Andy380** » Sat Oct 01, 2011 7:10 pm

But when we apply for child British passport, what date of arrival parents
will mention on his passport application.

Because parents were illegal at the time of his birth in the UK.

geriatrix · Post by **geriatrix** » Sat Oct 01, 2011 7:35 pm

Does the form ask such a question? Or are you just imagining?

osteophytes · Post by **osteophytes** » Sat Oct 01, 2011 10:25 pm

Andy380 wrote:Dear all advisors,

My story is very strange, can any one advice me.

My child born in the Uk on 2005, at that time me & my wife were illegal.
In 2006 I got a work permit, We all including my wife, my son & me went back to Pakistan to get a work permit visa on our Pakistani passport.

In Pakistan we manage to make Pakistani passport for our child, which says he is born in Pakistan. His work permit dependent visa was issued on that passport.

Now we three have ILR, want to apply for Neutralisation. What should we do for child application as he has a UK born birth certificate but on his passport he is Pakistan born. His age is 7 years.

Any advice will be very helpful.

I foresee problems with these questions in the MN1 form

Q 1.3: when did the child get ILR? When your child got ILR , you must have mentioned the date of birth mentioned in Pakistani passport. How can you give a different one now?

Q 1.9: Present nationality: what are you going to write there?

Section 2: Residence requirements. What are you going to write there? Addresses for the last 5 years. If you mention he is british by birth, potential doubts from them will be- how did he go to Pakistan? On what passport?

It is very tricky and dodgy!! Why dont you apply for his passport as a child of pakistani parents who naturalised?

Andy380 · Post by **Andy380** » Sun Oct 02, 2011 8:15 am

sushdmehta wrote:Does the form ask such a question? Or are you just imagining?

On a first British passport application form it's ask about parents Immigration status at the time of his birth.

Parents status Was overstayed visitor at the time of child birth.

Child born in 2005, we went back to Pakistan in 2006 to get work permit visa on our three Pakistani Passport.

So our first arrival will be date of entry in the UK on work permit basis in 2006.

Andy380 · Post by **Andy380** » Sun Oct 02, 2011 8:43 am

sushdmehta wrote:Does the form ask such a question? Or are you just imagining?

Passport application guide notes, please notice the last point

If the chid born in UK

section 4 of the application form completed with the British passport details for either parent*

UK birth certificate for either parent*

Home Office certificate of registration or naturalisation for either parent*

the passport that was valid at the time of the child's birth** for either parent*

geriatrix · Post by **geriatrix** » Sun Oct 02, 2011 10:42 am

Well, if you reads again you'll note that it asks for "parents' passport", not the child's!

Andy380 · Post by **Andy380** » Sun Oct 02, 2011 10:47 am

sushdmehta wrote:Well, if you reads again you'll note that it asks for "parents' passport", not the child's!

Yes you right but parents were over stayed visitors at that time.
So we can't show our visitor visa.

geriatrix · Post by **geriatrix** » Sun Oct 02, 2011 10:34 pm

I stand to be corrected but that you were illegal entrant in the UK at the time of child's birth (in UK) is irrelevant - now you (parent) are a settled person and your UK-born child is entitled to be registration as a British citizen, and subsequently a British passport.

geriatrix · Post by **geriatrix** » Tue Oct 04, 2011 4:42 pm

Andy380 wrote:I consult this situation with OISC registered immigration consultant.She Replied my these possibilities;

Thank you for your email.

This is a very serious matter which could affect your whole stay in the UK.
At any time if the UKBA believes you are not a person of good character or
that there is in any way deception or fraud used they can remove your
status in the UK.

While I can appreciate that at the time you were scared and unsure and
you did not want the fact that your child was born here to affect your work
permit etc., it would not have had a bearing on your work permit as to
where the child was born or when â€“ the fact is the child is your child.

In any application you should have disclosed this. Now that I know I have
to mention it and I can not lie.

The options are;

1.Â Â Â Â Â Â Remain on ILR. Although my concern is then you are ignoring the
issue and this could complicate things in the future.

2.Â Â Â Â Â Â Apply for naturalisation detailing in full the situation. You will have to be fully aware that the UKBA can revoke your ILR and you may be forced to leave the UK. This is a very risky application and you must be aware of that.

I definitely think this has to be addressed and leaving it for longer will only complicate matters further.
Kind Regards

Now we are planning to apply for Neutralisation application. Can we apply child application on the basis of his UK birth certificate.

Please let us know what are the possibilities in this situation with child
application

boloney · Post by **boloney** » Tue Oct 04, 2011 7:25 pm

Andy380 wrote:
sushdmehta wrote:Well, if you reads again you'll note that it asks for "parents' passport", not the child's!
Yes you right but parents were over stayed visitors at that time.
So we can't show our visitor visa.

How does it happened that on his passport says he was born in Pakistan? And also how did you manage get wrong DoB? Did you ask to do it this way or was it someone mistake? If thats mistake i would go to Pakistani Embassy get it sorted.

Andy380 · Post by **Andy380** » Tue Oct 04, 2011 7:37 pm

boloney wrote:
Andy380 wrote:
sushdmehta wrote:Well, if you reads again you'll note that it asks for "parents' passport", not the child's!
Yes you right but parents were over stayed visitors at that time.
So we can't show our visitor visa.
How does it happened that on his passport says he was born in Pakistan? And also how did you manage get wrong DoB? Did you ask to do it this way or was it someone mistake? If thats mistake i would go to Pakistani Embassy get it sorted.

We make a fake birth certificate in Pakistan for the Child with wrong date & place of birth.
Because parents including Minor wants to come to UK as a work permit holder.

If we mention child UK birth in the British High commission they won't issue a visa. Because when child was born in UK parents were illegal immigrants in the UK.

geriatrix · Post by **geriatrix** » Tue Oct 04, 2011 11:12 pm

Since there will be an element on deception - whether you apply under section 1(3) (i.e. - claiming that your child was born in UK and is applying for registration as an entitlement) or under section 3(1) (i.e. - claiming that your child was born in Pakistan and is applying for registration under discretion) - it is best that you seek professional legal advice on the matter from a competent solicitor / advisor.

Andy380 · Post by **Andy380** » Wed Oct 05, 2011 8:53 am

sushdmehta wrote:Since there will be an element on deception - whether you apply under section 1(3) (i.e. - claiming that your child was born in UK and is applying for registration as an entitlement) or under section 3(1) (i.e. - claiming that your child was born in Pakistan and is applying for registration under discretion) - it is best that you seek professional legal advice on the matter from a competent solicitor / advisor.

Any idea what check do UKBA made during UK born child registration on MN1.
Im just thinking will two date of birth of my child will make some clashes with the databases searches made by UKBA.

Jambo · Post by **Jambo** » Wed Oct 05, 2011 11:32 am

As advised, seek professional advice. You don't want the HO to "discover" during the application there is an issue here. You will need to provide the Pakistani passport or to claim the child never left the UK. Either case involve deception.

rajesh_kumar01 · Post by **rajesh_kumar01** » Tue Oct 18, 2011 11:40 am

-Legally you were not present in UK then how can you prove that your child was born in UK ?
- If you disclose that you were living illegally in Uk for your child citizenship ,it may cause problem to you application for citizenship under "good character clause "

good luck

COOL-DUDE1980 · Post by **COOL-DUDE1980** » Tue Jun 26, 2012 11:03 pm

Hi Andy,

was wondering how did you get on with your childs British Naturalisation??

Im a similar sitaution with regards to wifes naturalisation application, she was born in uk but her foreign is 1 day out??

Please any advise will be extremely appreciated...

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Child born in UK but birth certificate issued from Pakistan

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