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father doesnt consent to child's british passport

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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naija99
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father doesnt consent to child's british passport

Post by naija99 » Thu Nov 23, 2017 12:32 pm

Please could someone advise if a child born 2014 is able to get a british passport without fathers consent.
Father was naturalised in 2012 and resides in UK whilst mother and child reside in Pakistan. Mother and father were never married

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CR001
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Re: father doesnt consent to child's british passport

Post by CR001 » Thu Nov 23, 2017 1:02 pm

If the parents were not married, HMPO will likely request proof of paternity through DNA test from an HO approved centre. You will also need the fathers original naturalisation certificate and/or passport and full birth certificate stating fathers full name etc.
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secret.simon
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Re: father doesnt consent to child's british passport

Post by secret.simon » Thu Nov 23, 2017 4:17 pm

CR001 wrote:
Thu Nov 23, 2017 1:02 pm
If the parents were not married, HMPO will likely request proof of paternity through DNA test from an HO approved centre.
Children born to unmarried partners after 10th September 2015 need to submit a DNA test if claiming British citizenship through the father. As the child was born in 2014, a DNA test may not be mandatory.
CR001 wrote:
Thu Nov 23, 2017 1:02 pm
the fathers original naturalisation certificate and/or passport
However, you will need proof of the father's British citizenship, in the form of either his British passport or his naturalisation certificate.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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CR001
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Re: father doesnt consent to child's british passport

Post by CR001 » Thu Nov 23, 2017 4:19 pm

secret.simon wrote:
Thu Nov 23, 2017 4:17 pm
CR001 wrote:
Thu Nov 23, 2017 1:02 pm
If the parents were not married, HMPO will likely request proof of paternity through DNA test from an HO approved centre.
Children born to unmarried partners after 10th September 2015 need to submit a DNA test if claiming British citizenship through the father. As the child was born in 2014, a DNA test may not be mandatory.
Why did I think it was 2014 :oops: Been a long day :shock:
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naija99
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Re: father doesnt consent to child's british passport

Post by naija99 » Fri Nov 24, 2017 1:41 pm

Thank you both for your replies
The problem is ghat the father had a brief relationship with the mother in Pakistan during which the child was born.
He has since returned to the UK and started a new relationship and doesn't want anything to do with them in Pakistan.
Is there anyway to get a court order requesting the home office for his naturalisation certificate or of the mother applied for a declaration of parentage would that help in anyway?

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Re: father doesnt consent to child's british passport

Post by Obie » Fri Nov 24, 2017 8:05 pm

Is his name on the birth certificate?
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Re: father doesnt consent to child's british passport

Post by JAJ » Sun Nov 26, 2017 11:10 pm

secret.simon wrote:
Thu Nov 23, 2017 4:17 pm
Children born to unmarried partners after 10th September 2015 need to submit a DNA test if claiming British citizenship through the father. As the child was born in 2014, a DNA test may not be mandatory.
The link quoted is not from an official source. There is absolutely no evidence that this is the case in reality. The Secretary of State may request a DNA test in certain circumstances but this is not routine. If it was- we would likely have heard a lot more about it.

If child is born outside the United Kingdom it is generally recommended to evidence the birth + British citizenship by obtaining a consular birth certificate and only then apply for a British passport. https://www.gov.uk/register-a-birth
This is not intended to be legal or professional advice in any jurisdiction.

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Re: father doesnt consent to child's british passport

Post by Obie » Sun Nov 26, 2017 11:42 pm

Precisely. If unmarried fathers had to provide DNA that cost over £800 to prove paternity , inorder to get a passport for their child on a routine basis, I would have been so outraged to the extent that I would have approached the court on a pro bono basis to rule that such policy is discriminatory, contrary to the spirit and letter of Johnson, and ultra vires, even though the court will have no power to strike an act of parliament.

It is not a routine process. I have not noticed the passport office doing so. This year alone, I have been associated with 10 passport applications for children of unmarried British father and one involving a settled father . A DNA was not requested in any of them.

I was puzzled by Simon's reading of the law, which was why I asked if the father's name is on the Birth certificate.
Smooth seas do not make skilful sailors

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