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Hi,

Firstly apologies if this topic has been previously covered but I couldn't find anything recent and I'm aware there have been some recent changes. Anyway, to my question:

I am a British citizen otherwise than by descent and have been living in Kenya for 9 years and have been married to my Kenyan wife for just over 5 years. We have a boy who is just over 3 years old and he has a UK passport issued in 2014. We had a little girl in January 2016 and I applied for her UK passport last year. I provided all of the paperwork and completed the video interview last year.

They asked if I would be willing to take a DNA test to which I replied yes as I have nothing to hide. They have subsequently sent me an email saying they require this test. My issue is that the test will cost around £500, which I had no idea of when I said I would take the test, and also that my wife feels (as do I the more I think about it) that they are questioning the integrity of both my marriage and ourselves.

My wife also has a 5 year multiple entry visa for the UK and this is her third such visa having had a 12 month and then a 36 month visa (not sure if this is relevant but I'm mentioning anyway).

My questions is if I refuse to take the DNA test due to financial reasons can they simply refuse the passport on the basis I have supplied all information requested originally and that the child has the right to UK nationality through myself?

Many thanks in advance,
Richard

There doesn't seem to be any requirement for a DNA test, if you are married to the child's mother and named as a parent on the child's birth certificate.

Don't refuse. Ask them to
(i) pay for the DNA test and
(ii) quote the relevant provisions that requires the DNA test.

Alternatively, it may be prudent for your child to apply for a confirmation of British nationality and subsequently use it to apply for a British passport. * edit: ineffective now

Hi Vinny,

Many thanks for your reply. I shall reply to their email asking them to provide the provisions under which I am required to take the test.

Regards

Moreover, any result of a DNA test is apparently redundant, as you are deemed to be the father of your wife's children:

50 wrote:(9A)For the purposes of this Act a child’s father is—
(a)the husband, at the time of the child’s birth, of the woman who gives birth to the child, or

Dear Vinny,

I just wanted to say thanks for your help on this matter. After a lot of back and forth between myself and HMPO I received the email below last Friday. So after 2 months they have decided that they can issue the passport and hopefully, based on the email, it will not happen to others in a similar situation!!

I received a response from the policy section yesterday. I have read through the guidance provided and then carried out a further review of the application for your daughter Elle.
I am pleased to inform you that there are no further queries regarding the application and that the request for DNA testing can be ignored. As a result of the policy response received following the query on this application a clearer set of guidelines have been published.

The passport will be issued today, the passport and the supporting documents will be posted to the CFC in Nairobi for you to collect. A member of staff in Nairobi will contact you to arrange collection once they have received the parcels via DHL.

Finally please accept my apologies for the delay in the application.