British Citizenship for my daughter?

[Veemax]

This is my first post, although I’ve been an avid reader for quite some time! The forum has provided me with a great source of information during the successful process of getting my Filipino wife her British Citizenship. I’ve done the normal searches, but seem to be unable to find the answer.
I’d like to ask a question about the British Citizenship of my daughter, who lives with us here in the UK, which I believe should be automatic.

I am a British Citizen from birth and my daughter was born on 29th October 2009 to my partner- later to become my wife on 7th April 2012. My wife gained her British Citizenship on 15th October 2015. Last year I applied for British Citizenship for my daughter and paid for the National Checking Service. When my application was checked, I was surprised to be informed by the assessor, that my child should be automatically British at birth and just had to apply for a passport!! I was of course “over the moon” and had no idea that this would be the case.

A few months ago I applied for a British passport for my daughter, but it was refused by the Passport Office. The reason being, that at the time of the birth, my wife was still married to her estranged husband. Quoting from the letter I received- “A child’s mother is the woman who gives birth to the child, a father is: the husband of that woman (if they are married at the time of the child’s birth). My wife had supplied them with her Annulment, which was gained on 15/01/2010. They reasoned that as the annulment was dated after the birth of the child, the father would be regarded as being my wife’s first husband! Quoted from the letter from HM Passport Office letter to myself “ Section 50(9) of the British Nationality Act 1981 (bna 81)”. Which I believe should read- Section 50 F13 (9A)(a).
My wife’s marriage to her previous husband was null and void on 15/01/2010- after my daughter’s birth, she also received a CENOMAR after the annulment. I believe I am right in my understanding, that annulling a marriage is as though it is completely erased - legally, it declares that the marriage never technically existed and was never valid. Therefore at the birth of my daughter she was in fact unmarried. Also my marriage certificate, states that she was single at the time of marriage. My daughter’s Philippine Birth Certificate also states myself as the father.

I wrote to the UKBA a few months ago asking if they would clarify the situation, but as yet, have received no reply! I’m not sure of my next course of action? I’ve read this post on another Web Site-
http://filipinaroses.com/showthread.php ... r-daughter

If I’m right in my understanding- the advice given by the member “rusty”, is to apply for a British Birth Certificate and use this for the passport application?

The whole bureaucratic process and the understanding of all the legal jargon is very difficult. Could someone please give me some advice? I’d be very grateful.

Thanks,
Ian

[vinny]

Check the jurisdiction under which the marriage was annulled. Some jurisdictions provide that the marriage is only void from the date of the annulment.

Try applying for her consular birth registration or Confirmation of British nationality.

[Casa]

In addition to Vinny's advice, I believe that you will also be required to provide a DNA test from an approved test provider. Have you already done this?

[noajthan]

Mabuhay.
This is a tough one and it may be that British officials do not fully understand annulment in the context of Philippine family law.

My understanding is the marriage was valid until annulled. However it may depend on the precise form of annulment that was obtained.
I'm referring to this overview:
http://deborjalaw.com/2009/04/11/philip ... questions/

A CENOMAR is certainly a 'certificate of no marriage record' but again (some) British officials may or may not be familiar with it.
And after annulment my understanding is your Philippine marriage certificate would have been annotated too (to record the annulment).

However rather than engaging in possibly prolonged and expensive cross-border legal tussles with HO there is this from the current MN1 guidance:

NOTE:
Where a child’s mother is married at the time of the birth, her husband (and no other man) is regarded as the father of any child born to her on or after1July 2006.

However, cases may arise where there is compelling evidence that someone other than the husband is the child’s natural father.

In such cases, where the child would have had a claim to citizenship or entitlement to registration if the mother had been married to the natural father, we will normally register the child under section 3(1) if the above criteria relating to paternity and consent are met.

More on section 3(1) registration (which is at Home Secretary's discretion) to be found here:
https://www.gov.uk/government/publicati ... structions

(I have successfully followed this route and used 3(1), but in different circumstances).

So if you can provide compelling evidence (perhaps UK-recognised documentation or else a UK-recognised DNA test or ??) then you may have a way forward.
Good luck.

[Veemax]

Thanks very much for all your help, it was very kind of you, much appreciated.

Just to clear a few things up- I was married here in the UK. Ella’s previous marriage was annotated null and void. No- we have not undergone any DNA testing.

I was originally quite prepared to apply for British Citizenship for my daughter, but I would prefer for her to receive it though decent, it just seems more ethically correct.

I think I’ll try to apply for Consular Birth Registration to see if I can get her British Nationality confirmed. If I’m correct in my understanding, if I then use this to apply for her passport, I should be successful? Please correct me if I’m wrong?

Thanks again,
Ian

[noajthan]

Thanks very much for all your help, it was very kind of you, much appreciated.

Just to clear a few things up- I was married here in the UK. Ella’s previous marriage was annotated null and void. No- we have not undergone any DNA testing.

I was originally quite prepared to apply for British Citizenship for my daughter, but I would prefer for her to receive it though decent, it just seems more ethically correct.

I think I’ll try to apply for Consular Birth Registration to see if I can get her British Nationality confirmed. If I’m correct in my understanding, if I then use this to apply for her passport, I should be successful? Please correct me if I’m wrong?

Thanks again,
Ian

Not sure about that.

UK officials may not understand annulment.

For example, I had to battle over issuance of British passport and they showed by their actions fundamental misunderstandings of another area of the Philippine family code. Nothing I could say, as a mere layman, could change their minds.

You've already submitted one birth certificate (issued by a sovereign country and accredited by the NSO), as well as an annotated marriage certificate and CENOMAR.

This is what you have to overcome - with compelling evidence:

Where a child’s mother is married at the time of the birth, her husband (and no other man) is regarded as the father of any child born to her on or after1July 2006.

[Richard W]

I was originally quite prepared to apply for British Citizenship for my daughter, but I would prefer for her to receive it though decent, it just seems more ethically correct.

Look on the positive side. If your daughter is registered as British under Section 3(1), I believe she will be British other than by descent, whereas if she is British by right (as opposed to discretion) she will only be British by descent. (At least, I assume she was born outside the UK.)