ROA - Applying for British Passport - Proof of staying together during baby conception

[Pina]

Hi Immigration Board,

I've applied for a British passport for my 4.5 yrs son whose ROA sticker is expiring in 2 months. Home Office is asking proof if I was staying with my husband during the baby's conception.

I realised I'm pregnant when I was at the end of a month-long family visit to India. I decided to stay in India for a while and my husband returned back to the UK. I couldn't return back until delivery due to some medical complications, however, my husband visited me a couple of times. I have no travel tickets or records to show we travelled together and conceived at the same time. However, I've basic medical records which are not sufficient.

Home Office is asking this as a mandatory proof or take a DNA test which is certainly not a problem.

Did anyone come across such a situation and how they resolved it?

[vinny]

Do you mean HMPO is asking these questions?

I realised I'm pregnant when I was at the end of a month-long family visit to India.

It seems that you may have conceived prior to going to India or while you were there with your husband?

However, if you were legally married at the time of child’s birth and your British (otherwise than by descent) husband was named as the father on the child’s birth certificate, then they may be asking for more than what’s appropriate.

See also K (A Child) v The Secretary of State for the Home Department [2018] EWHC 1834 (Admin) (18 July 2018) for the legal framework.

I suspect that if they want to dispute that your child is British, then they may have to prove that you are not the child’s mother or your husband was not British otherwise than by descent at the time of child’s birth or your husband is not your husband.

[vinny]

See also DNA Evidence Not Welcomed.

[Pina]

Hi Vinny,

Thanks for the feedback.

I was conceived after leaving the UK for a family visit trip. It is HMPO is asking evidence and I'm surprised. My son already granted ROA four years back and we're living in the UK.

I'm preparing to send all available documents along with DNA certificate.

Can I appeal if the HMPO refuse British passport for my son? (I hope this will not happen)

[vinny]

If the child is your biological child and your legal husband is British otherwise than be descent at the time of child’s birth, then I don’t see how they can refuse. Even if your husband wasn’t the father of the child, then it may be irrelevant, because your husband is deemed to be the father of your child under 50(9A)(a).

I’m perplexed as to why they have asked a question

if I was staying with my husband during the baby's conception

as it doesn’t seem to be relevant to the statutory requirements of automatic British citizenship. The Home Office agrees as they granted the CoE-RoA. Perhaps you can ask the HMPO to clarify the purpose of the question for your records and please let us know?

Have a read of the interesting caselaw, previously linked above.

[Pina]

Thanks Vinny for more information. This is forum is a valuable asset and I'll let you know the outcome.