Immigrationboards.com

Hi all,

Thanks for allowing me to join... I have a situation and if anyone can help I'd appreciate it. Sorry its long-ish

I am UK born and also got married to a British Citizen here in 1999 and we had twin girls in 2006 born in the UK
We were living in Hong Kong most of our time between 1999 until August 2022 when we relocated back to the UK

In 2010 my wife and I broke up as she had an affair. During that time I went to the Philippines and met a girl there and dated her. However I was still married to my wife.
My gf and I started to fall apart as I wanted my wife back so just as I ended it with my gf in the Philippines she (my gf) told me she was pregnant (unplanned)
I went back to my wife who is British but wanting to be responsible I flew to Manila and signed the birth certificate for my child in the Philippines who was born in 2011.
As I thought I had been scammed, as a lot of Philippine girls are famous for dropping kids with foreigners and then getting money in support, I insisted on a DNA test. The results were it was my child but it was not an approved DNA by courts etc. It was a private company.

I sent money down for support every month but my ex gf wanted more and kept threatening me with many things, so much so I got a lawyer got involved and she lost her claims for extras. I have always sent money and not seen the child for over 8 years.

My ex gf whom I had the illegitamte child with in Manila (not my wife) got married 4 years ago and had another child with her husband. She has hounded me for more money and threats since. A contact of hers told me, she was trying to get citizenship for the child as she felt if the child was British she could get more money and entitlements. As I state, I have not seen the child in 8 or 9 years. We have had the odd email in the past few years but thats it.

So, my question is If do not consent to her application as I know this is only all just about money. Can she still get British Citizenship even though she was born in the Philippines illegitimately and her mother has since married in 2018 and has had little contact with me?

I am still married to my wife whom I married in 1999.

The mother in the Philippines today started hassling me about helping her daughter get a UK passport as she is travelling a lot and Filipina passports need visas for everywhere and life will be simple if she has a UK passport. I told her I am suspicious of her motives. Anyway, she then said they applied anyway and showed me by email today a receipt that her husband paid 1000 GBP behind my back for the application online to apply for UK citizenship but the receipt was dated back in Nov 2022.

What I find confusing is, if they have applied why is she now asking me to help? Could it be that my consent is needed and she is not making me aware that they possibly have been told this after the application? She claims after they paid she cancelled the application as it was too much hassle and she wanted to give me the opportunity. I am not convinced.

Many thanks

Jay

Hello
It is more likely that the child will be granted British citizen for the reason at the time of birth one of the parents was British .This can possibly lead her mother getting leave to remain in the UK if the child is brought to UK to live here.
You have no power to stop all this .It is your own fault for not using the protection .

I think there are 2 options here either the child is British since birth or not at all.
Looking at your story it appears that the mother was not married to someone else at the time of child birth so registration is probably irrelevant as the child may be British by decent (being born post 2006).

The only way to stop it is of you have probable deniability. E.g. you can claim that the child is not yours. I think than it may be up to the mother to prove you are the father to obtain a passport

As the child was born after 1st July 2007, when the law changed, the legitimacy or otherwise of the child does not matter when it comes to inheriting British citizenship from a British citizen otherwise than by descent parent.

If the child is your child AND (hat-tip to @razergd1 for mentioning that) the mother was not married to another person at the time of the birth of the child, then the child is a British citizen by descent automatically by operation of the law.

However, the complication is whether that descent can be proven.

Since 2015, children born outside wedlock have needed proof other than a birth certificate, such as a DNA test from approved laboratories when applying for British passports. So, if you refuse to provide DNA in this instance to the approved DNA lab, the child will find it very difficult to apply for a British passport.

Secondly, the child (and their mother) will also need to prove that you are a British citizen otherwise than by descent to apply for a British passport. That will require a copy of your British birth certificate (and if you were born after 1983, a copy of either of your parent's British birth certificates). Again, she will need your co-operation or a court judgement to get that. Merely a copy of your British passport will not do.

Lastly, the Philippines is one of the few places on Earth which still does not allow divorce (with the Vatican being the only other state to share that distinction). If you find and can prove that the mother was married to somebody else at the time of the child's birth, the child would not be a British citizen at all (because for the purpose of British nationality, the father of the child is the person to whom the mother is married at the time of the child's birth, not the person named on the birth certificate).

If the child is really yours and you want to help the child, but not the mother, you could hold out until after the child's 18th birthday, and then help her get the British passport. Her mother will not be able to leverage her daughter's British citizenship to move to the UK in that case. But of course factor in that the child may be deeply resentful towards you for your conduct towards their mother.

fac6 wrote: ↑

Thu May 11, 2023 12:13 pm

As I thought I had been scammed, as a lot of Philippine girls are famous for dropping kids with foreigners and then getting money in support, I insisted on a DNA test. The results were it was my child but it was not an approved DNA by courts etc. It was a private company.
...
A contact of hers told me, she was trying to get citizenship for the child as she felt if the child was British she could get more money and entitlements.

If they move to the UK, you can calculate the minimum you will have to pay towards your child's keep.
https://www.gov.uk/calculate-child-maintenance

JB007 wrote: ↑

Thu May 11, 2023 5:07 pm

fac6 wrote: ↑

Thu May 11, 2023 12:13 pm

As I thought I had been scammed, as a lot of Philippine girls are famous for dropping kids with foreigners and then getting money in support, I insisted on a DNA test. The results were it was my child but it was not an approved DNA by courts etc. It was a private company.
...
A contact of hers told me, she was trying to get citizenship for the child as she felt if the child was British she could get more money and entitlements.

If they move to the UK, you can calculate the minimum you will have to pay towards your child's keep.
https://www.gov.uk/calculate-child-maintenance

JB007

Thanks for the feedback guys and Simon, I appreciate your reply, It makes me feel better if you are correct.

We did do a DNA back in 2011 but it was done where I took the samples myself and my daughter in a hotel, I then put it in the package and the mother then posted it off. It was not done under approved conditions.

I did sign the birth certificate but I was threatened to do it straight away by the family as they said they were connected. I wanted to get a DNA then sign the birth certificate.

She is still living in the Philippines with her mother who is now married to a USA/Filipino guy there and I constantly get abusive and threatening emails for more money.

The mother sent me a copy of the paid application for the UK citizen application and it was dated Nov 2022. Surely they would have had an answer by now, so I am confused the mother has been messaging me to "gift" citizenship to my daughter to help them having to not keep applying for visas every time they go away. It sounds like they need my help. I, therefore, wonder if her initial application has been rejected.

I did say to help my daughter and to prove it was not about the money I would do it when she is 18. I was met with hostility. I also suggested why does her husband who is now her father adopt her and I will still continue paying monthly assistance. She will get USA citizenship and that would solve the holiday visa issues. I was told the daughter decided at 10 years old she wants to keep my family name. I have not seen my daughter in 8 years so found that odd.

Life has been hell with her threats and demands, it has stressed me so much.

fac6 wrote: ↑

Thu May 11, 2023 7:11 pm

The mother sent me a copy of the paid application for the UK citizen application

fac6 wrote: ↑

Thu May 11, 2023 12:13 pm

her husband paid 1000 GBP behind my back for the application online to apply for UK citizenship

From the costs, I suspect that they probably made an MN1 application, which would not be relevant as the child would have been a British citizen by descent from birth automatically (MN1 registration is for non-British citizen children to acquire British citizenship and a child who is already a British citizen can't register to become a British citizen).

What they should have done is apply directly for a British passport, but as mentioned in my earlier post, they would need your assistance at the very least for the documentary proof of your own British citizenship, and possibly for DNA testing.

If the correspondence is particularly threatening (especially if they threaten physical damage or assault), I would suggest reporting it to the police and the Home Office pre-emptively. Although the two of you were not in a spousal relationship and she is not in the UK, I would suggest putting the relationship breakdown and acrimony on record with the Home Office.

fac6 wrote: ↑

Thu May 11, 2023 7:11 pm

I was told the daughter decided at 10 years old she wants to keep my family name.

I am fairly certain that your daughter can keep your name, even if she is adopted by another man. She can certainly change her name on or after her 18th birthday anyway. That sounds like a very spurious and tenuous argument.

Simon,

Kind thanks for your valued advice.

Rgds

@fac6, this thread may be of interest to you as to the possibilities of your child and their mother moving to the UK if your child had a British passport.

AmazonianX wrote: ↑

Thu May 11, 2023 6:33 pm

JB007

The UK expects both parents to keep their child, even if they don't want to see that child. The courts take a dim view if they don't pay.

The maintenance calculation is the minimum they have to pay. Many parents choose to pay more than that minimum amount.