ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

ILLEGAL DNA test required baby 1st passport

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

biofena
- thin ice -
Posts: 21
Joined: Sun Aug 26, 2012 6:01 pm
Location: Egypt

ILLEGAL DNA test required baby 1st passport

Post by biofena » Mon Jun 02, 2014 8:15 am

Hello there,
I'm an Egyptian (so proud to be),I'm married to a British national.
We've a 1 year old baby who nobody seems to care for him in the UK!
We've been waiting for the passport officers to finish "their sandwich" and make a decision about his British passport u for 6 months now!

I'm really shocked as we -Egyptians used to think that people care for babies' welfare in the UK.
Now the passports team asked us for a DNA test which is illegal (as per the British nationality ACT).

Anybody went through the same horrible experience?
the passports team do not want to consider the baby's birth certificate and its certified translation ...
the following quote from the nationality ACT.
" 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)"

Any advice? From people with experience only please

ouflak1
Senior Member
Posts: 952
Joined: Mon Jul 06, 2009 11:59 am

Re: ILLEGAL DNA test required baby 1st passport

Post by ouflak1 » Mon Jun 02, 2014 9:11 am

Where was the child born?
Where is the child now?
Were you married at the time was child was born?

From the information you have given, I'm assuming the child was born abroad and that you were not married at the time the child was born (otherwise, I'm not sure how the Nationality Act applies). In which case, it is not 'illegal' for the Secretary of State to ask for and consider whatever evidence they see relevant. Since you have supplied an original birth certificate, presumably issued within one year of the child's birth with the father's name on it, as required by the act, I can only guess that the Home Secretary doesn't consider this evidence valid or satisfactory for some reason. Perhaps the translation looks a bit shoddy? Without more information on your case, and perhaps even with all the information, we can only guess what is going through their minds.

biofena
- thin ice -
Posts: 21
Joined: Sun Aug 26, 2012 6:01 pm
Location: Egypt

Re: ILLEGAL DNA test required baby 1st passport

Post by biofena » Mon Jun 02, 2014 9:21 am

Hello,
child was born abroad,
he is in Cairo now (can go nowhere without a passport,can he?!)

we were married even before my wife got pregnant,
My name is on the birth certificate (irrelevant eventually because the baby is not getting British nationality through me but through his mother)..

it's illegal,i believe since the birth certificate was issued within 4 months only of the baby's birth.
We provided a certified translation (approved by the British embassy in Cairo) .

They asked for certain documents in a specific form and we sent it all + extra paper.

They cannot ask for a DNA test as per the British nationality ACT..
Law is put to abide to it not to work according to personal acco

kbullet
Newly Registered
Posts: 17
Joined: Mon Jul 05, 2010 3:07 pm

Re: ILLEGAL DNA test required baby 1st passport

Post by kbullet » Mon Jun 02, 2014 10:53 am

Is your wife in Cairo or is she in the UK?
Assuming she's not in Cairo with you that will certainly raise some alarm with the HO, and would explain why they want a DNA test.

biofena
- thin ice -
Posts: 21
Joined: Sun Aug 26, 2012 6:01 pm
Location: Egypt

Re: ILLEGAL DNA test required baby 1st passport

Post by biofena » Mon Jun 02, 2014 11:21 am

Hello K,
the mother (my wife for 2 years now) is stuck in Cairo as well!
Everything is normal and makes sense except the chaotic decisions made by the British gov. !
Honestly it's a nightmare ...
Did anybody have experience?
I repeat : everything is normal,nothing dubious, nothing shoddy or shady ...

Why do people bother to put some law in Britain if they're never gonna apply it?!:

Amber
Moderator
Posts: 17448
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:

Re: ILLEGAL DNA test required baby 1st passport

Post by Amber » Tue Jun 03, 2014 6:22 am

Is the Mother British otherwise than by descent?
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

fromreading
Newly Registered
Posts: 12
Joined: Fri May 02, 2014 10:08 pm

Re: ILLEGAL DNA test required baby 1st passport

Post by fromreading » Tue Jun 03, 2014 7:35 am

Hi
if you are father of baby then why you worried to give DNA test this is normal in pakistan my brother applied for british passport in pakistan and they asked him for DNA test and he done it

biofena
- thin ice -
Posts: 21
Joined: Sun Aug 26, 2012 6:01 pm
Location: Egypt

Re: ILLEGAL DNA test required baby 1st passport

Post by biofena » Tue Jun 03, 2014 8:29 am

Amber:no she's British by decent.
honestly everything is satisfactory ...
Process is straightforward and simple in Egypt donno why it's complicated and personal in the UK? !
It takes 48 hours to issue a baby's Egyptian passport (7,000> years leading the world..

Hi from:
1-why to do a step to achieve my rights when it's against the law?
2-why dod they ask for paper following a paper when they want DNA eventually?
3-dna test is so expensive for us.

4-do the British employees have the right to work as per their own mood?!
This never happens in EGYPT.
Any advice? I repeat:everything is satisfactory (as per tje passport team requested paper EXACTLY).please advice accordingly!
I'm sooop disappointed ...

shahid2000
Member of Standing
Posts: 293
Joined: Tue Sep 11, 2012 1:20 pm

Re: ILLEGAL DNA test required baby 1st passport

Post by shahid2000 » Tue Jun 03, 2014 10:56 am

Calm down my friend, we get it you are disappointed but some parts of your post are becoming a bit offensive. People are very helpful on this forum and they are trying to help you but making provocative comments will not solve your problem.

The way I see it you have two options:
1. Get the DNA test done and submit the results. OR
2. Take them to the court.

biofena
- thin ice -
Posts: 21
Joined: Sun Aug 26, 2012 6:01 pm
Location: Egypt

Re: ILLEGAL DNA test required baby 1st passport

Post by biofena » Tue Jun 03, 2014 11:49 am

Hi Shahid,
I'm calm,brother thanks God.i hope you are not gonna be in the same trauma or else you would be really angry...
It's not offensive to be proud of my great country Egypt,i believe.
Unless someone works for the IPS,they'll find all what i say to be sensible and logic,even them (the IPS) they didn't take any offence when i confronted them with the very words written above.

I appreciate the kind efforts done by everyone on this forum to help,even though nobody can feel the trauma unless they went through it themselves.

Thanks for your advice but the 2 options you suggested are not gonna solve the problem.
The solution is : our rights to be met without any individual requirements.
Anyone went through the same hassle and got a resolution? Any organization to contact back in the UK to intervene?
Thanks again

phospholipid
Member
Posts: 126
Joined: Mon Dec 16, 2013 10:49 pm

Re: ILLEGAL DNA test required baby 1st passport

Post by phospholipid » Tue Jun 03, 2014 12:18 pm

I don't understand, why don't you just get the DNA test?

Amber
Moderator
Posts: 17448
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:

Re: ILLEGAL DNA test required baby 1st passport

Post by Amber » Tue Jun 03, 2014 12:19 pm

Then the child will not be British and will instead need to register as British.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

sondre
Newly Registered
Posts: 7
Joined: Wed Jul 16, 2014 10:30 pm

Re: ILLEGAL DNA test required baby 1st passport

Post by sondre » Mon Aug 04, 2014 1:05 pm

We have similar (but not the same) problem .

I have asked Passport Office to consider DNA results as evidence that the person on my childs birth certificate is his biological father , in hope that my child can have British passport .

So it makes no sense when you refuse their offer - this should sort everything !

If you dont want DNA testing , then give your child your nationality and passport from your country .

royh
Junior Member
Posts: 60
Joined: Mon Oct 31, 2011 2:22 am

Re: ILLEGAL DNA test required baby 1st passport

Post by royh » Tue Aug 05, 2014 5:02 pm

Sorry can't help, but do you have to pay for the DNA test and how much is it?

biofena
- thin ice -
Posts: 21
Joined: Sun Aug 26, 2012 6:01 pm
Location: Egypt

Re: ILLEGAL DNA test required baby 1st passport

Post by biofena » Wed Aug 06, 2014 10:38 am

Hello Sondre,
Thanks for your comment but it's a bit different,
your choice is to go through it,we're being "forced" to do it.
The British Nationality ACT doesn't require DNA from us in our case,

Egypt gave our baby his Egyptian nationality in 1 hour and his Egyptian passport in 2 days, straight forward,no DNA,no HASSLE,
Thanks :)


Royh :thanks for your comment,it's really great to get support from people like you when others on forums aee only trying to support the government's unfair decisions.
So thank you,God bless you..

It costs 550£ which is 7000 EGY£

mr_mar
Junior Member
Posts: 91
Joined: Fri Jan 22, 2010 10:28 am

Re: ILLEGAL DNA test required baby 1st passport

Post by mr_mar » Wed Aug 06, 2014 2:02 pm

Salam

I share the opinions of the others.
Get the DNA test done, get the passport. Come to the UK they sue their a**es.

Good luck

biofena
- thin ice -
Posts: 21
Joined: Sun Aug 26, 2012 6:01 pm
Location: Egypt

Re: ILLEGAL DNA test required baby 1st passport

Post by biofena » Wed Aug 06, 2014 5:35 pm

mr_mar, :-D
thats definitely the best comment /advice i got so far, thank you so much...
ill apply that then we can contact the appropriate body with a big complaint ..

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 12:46 pm
Ireland

Re: ILLEGAL DNA test required baby 1st passport

Post by Wanderer » Wed Aug 06, 2014 6:15 pm

mr_mar wrote:Salam

I share the opinions of the others.
Get the DNA test done, get the passport. Come to the UK they sue their a**es.

Good luck
Sue them for what?
An chéad stad eile Stáisiún Uí Chonghaile....

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Re: ILLEGAL DNA test required baby 1st passport

Post by John » Wed Aug 06, 2014 7:24 pm

Amber:no she's British by decent.
Your wife is British by descent, and has given birth to a child outside the UK. So your child is not British. So how come you think your child is entitled to a British passport?

Are you sure you know the meaning of "British by descent"?
John

User avatar
drdh4
Junior Member
Posts: 74
Joined: Wed Jul 22, 2009 5:19 pm
Mood:
Sri Lanka

Re: ILLEGAL DNA test required baby 1st passport

Post by drdh4 » Wed Aug 06, 2014 8:10 pm

John is correct here..

A British citizen by descent is a person born outside the UK and is acquired if one or both parents are British citizens. This means that you cannot automatically pass on British citizenship to any child who is born abroad.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 12:46 pm
Ireland

Re: ILLEGAL DNA test required baby 1st passport

Post by Wanderer » Wed Aug 06, 2014 9:20 pm

Seems like the OP got a bit uppity here and of course the British Government is always wrong.....
An chéad stad eile Stáisiún Uí Chonghaile....

ryan1512lon
Newbie
Posts: 43
Joined: Tue Nov 19, 2013 2:16 pm

Re: ILLEGAL DNA test required baby 1st passport

Post by ryan1512lon » Thu Aug 07, 2014 10:08 am

I agree with what John says because your wife is British by descent and has given birth to a child outside the UK, your child is not automatically British therefore can not get automatically a British passport....

Also, a friendly advice, if you are planning to sue them, you will waste your time and money, as the DNA test isn't illegal as per the British nationality ACT, I don't why you think it is, but I can confirm that they are entitled and have the right to challenge you to prove that this is your baby.

Another option will be to register the child as British, which obviously will take longer, and cost as you as much as a DNA test.

Do you mind me asking why you don't want to do the DNA test? If it is really your child, there is nothing to be afraid of, refusing to do so will only raise suspicion from the British authority and surely will make things more complicated.

Good luck for whatever next step you choose to take! And don't be upset you haven't been singled out, a lot of people have been asked to do a DNA test abroad...

biofena
- thin ice -
Posts: 21
Joined: Sun Aug 26, 2012 6:01 pm
Location: Egypt

Re: ILLEGAL DNA test required baby 1st passport

Post by biofena » Thu Aug 07, 2014 3:49 pm

Thanks God you guys don't work for the Gov!
suddenly you deprived the child from his right to get British Nationality, read the law before you get too excited and comment on critical issues which might affect someone's life,it's not a prank !

Ryan, I'm sure he's our child ...lol what's it you are saying ? Lol that's not funny but funny the way you said it ..i refused to do the DNA because, repeating as obviously you didn't read my first post :
the following quote from the nationality ACT. " 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)"

Iprovided a birth certificate, stamped from a BRITISH AUTHORITY so why to go through C' ifnot a nor b? !

The British nationality ACT is clear but obviously the British Gov they love to put alaw theyll never abide to !

Another example how the British Gov doesn't abide to its laws nor to other laws! :

09 May 2012 European Commission threatens the United Kingdom with infringement proceedings

The European Commission has issued a reasoned opinion to the United Kingdom to take steps to ensure the proper implementation of the Citizens Directive 2004/38 EC, which guarantees rights of free movement for EU citizens and their families. The opinion, issued on 26 April 2012, gives the United Kingdom two months to ensure that compliance is achieved. Failure to comply may result in the Commission starting legal action before the European Court of Justice.

We don't say sir yes sir 3 bags full of sugar in EGYPT. With due respect to British and Irish people...

Sue them for what? You'll be surprised to see my defence for such a case ...

Thank you guys but please read and confirm before you try to help or defend any party ...
God bless you ....

lynxukauq
Member of Standing
Posts: 344
Joined: Sat May 14, 2011 8:57 am

Re: ILLEGAL DNA test required baby 1st passport

Post by lynxukauq » Thu Aug 07, 2014 4:46 pm

Have you not read the reply from Amber/John stating that your child is NOT British based on the information you have provided?

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 12:46 pm
Ireland

Re: ILLEGAL DNA test required baby 1st passport

Post by Wanderer » Thu Aug 07, 2014 4:59 pm

lynxukauq wrote:Have you not read the reply from Amber/John stating that your child is NOT British based on the information you have provided?
Not the answer he wants so he's not listening...
An chéad stad eile Stáisiún Uí Chonghaile....

Locked
cron