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Hello everyone,

came to this forum while googling for answers about my sons passport application .

I will try to provide as much info as i can to make you see what the problem is .

I am Lithuanian , came here in Dec 2003 . Got 2 kids , born March 2006 and June 2007 , their father is British,but we are/were not married .

My second son has got a British passport , but firs born cant get it because the law is different for children born here (in march 2006) to British fathers if were were not married .

I did not have permanent residence as not been here long enough before my first son was born .

So we are stuck , i really dont want him to have Lithuanian nationality because : he doesnt speak / understand Lithuanian (first and only language he speaks is English), has never been to Lithuania , and has no reason to visit ( both of my parents passed away , and i do not have any siblings) .

And i do not want my kids to have different nationalities - seems the problem is the dates , one law for children born in the first quarter of 2006 , and the other for those after 2006 May (?) .

My question is , will providing DNA test result be good enough reason for application to be approved (as in child having British father ) ?

And is this the only option ? Anyone been in similar situation ?

Thank you

I will be posting a letter to them today , asking if it would be possible for our son to claim his fathers British nationality if we provide DNA test results ,which would prove that he is child's biological father .

Surely whats in the blood should matter more than his commitment to me (as we are not married , possible reason for refusal ).

Would appreciate if someone , who went through similar process , share their experience

someone here went through the process as you

http://www.immigrationboards.com/britis ... 65750.html

They were asked about DNA test.

The issue is not DNA. It is just that law before 2006 didn't allow children to automatically derive British nationality from unmarried father. Only mothers or married fathers.

If you wish your child to become British, he can make an application for registration as British citizen. The application has a fee (£669) and normally takes 1-2 months.

I have just found this from www.parliament.uk

http://www.google.co.uk/url?sa=t&rct=j& ... b-vZXwLj4A

Nationality: children born in the UK with unmarried parents
Standard Note:
SN/HA/3297
Last updated:
3 November 2010
Author:
John Woodhouse and Melanie Gower
Section
Home Affairs


Registration of a child as a British citizen
Separate provisions have enabled children born before July 2006 to be registered as a British citizen if their unmarried father is British. Section 3(1) of the British Nationality Act 1981 (as amended) enables the Secretary of State to register a person as a British citizen whilst they are a minor ‘if he sees fit’. The UKBA website provides the following summary:
We will normally register any child born before 1 July 2006 to a father who is a British citizen father under section 3(1) if the requirements below are met:

•we are satisfied about the paternity of the child; and
•we have the consent of all those with parental responsibility; and
•we are satisfied that if the parents were married:
- the child would have an automatic claim to British citizenship; or
- the child would have an entitlement to registration under sections 1(3), 3(2) or sections 3(5) of the British Nationality Act 1981; or
- we would normally have registered the child under section 3(1); and
•if the child is over 10 year of age, they are of good character.
In these circumstances, registration under section 3(1) of the British Nationality Act would be at our discretion, if we think it is reasonable under the circumstances.

To be satisfied of the child's paternity we would usually expect you to provide:

•a birth certificate issued within one year of the child's birth naming the child's father; or
•any other evidence such as DNA test reports or court orders relevant to paternity


If you are unable to provide the above evidence, we will normally accept that a man is the father of a child if:

•paternity has been acknowledged in some other official context, for example if the child was born abroad and the relationship has been accepted for United Kingdom immigration purposes; or

•he has stated that he is the father and we have confirmation of that from the mother, providing there is no evidence to suggest that their evidence is false.

The way i understand all of the above,that there is still a chance, even if were not married , for my son to get his fathers British nationality. Did i understand this correct ?

The last highlighted bit , seems a bit too easy ?????
Other evidence we have is maintenance papers from Child Support Agency , JUST WONDER IF THAT WOULD BE ENOUGH ?

UPDATE :
We got British passport and nationality in the end .

If anyone is going through similar process , might help you to know what to expect , this is what we had to do :
we applied for British Citizenship once my son turned 10 years old , cost us over £900
then we got a letter offering full refund if we provide DNA , which we did , and got full refund for citizenship application

Please note , DNA has to be done with one of their trusted companies , they send a list , and you chose which is closer to you . They dont give you much time , so have to work fast , we had 9 days to do the test and deliver results to them .
As my partner was working , we had to chose the one who offer Saturdays home visit , it costs a bit more , we spent almost £600 on DNA , but still over £300 cheaper than citizenship application

Hope some of you will find this usefull Good luck

Thanks for coming back with the update after so long. It's good to know HO are steering some people on the correct path.

https://www.freemovement.org.uk/proving ... tificates/