fareastbob

Hi guys new to this forum can any one offer advice / help as to the registration process for my daughter.

Born in the Philippines to a Filipina (Mother) and a British national (Father).
I have just had her registration as a British citizen refused due to the fact, that I her father was out of the UK for the 3 years prior to applicants birth.

I am awaiting clarification of why but just woundering did I apply on the wrong form.

My general idea was so that she can get a British Passport .

Regards

FareastBob

tropicofcancer

A lot has happened in the last ten years. From the simple showing of the Philippine birth certificate, which previously sufficed. They want scans etc. Perhaps even a DNA test if at all suspicious. A complete turn round from the rules in UK. Where the husband is the father, if the wife puts his name on the birth certificate.
I think this article may explain things more clearly. Habitually resident is the operative word:

http://ukinthephilippines.fco.gov.uk...h-registration

It is the Embassy Site, you will find further information under passports. The general advice is:
The child travels to UK on a Philippine passport.
If you then live in UK, make application there for British Citizenship.
The child can make application on majority, if you do not return to UK.

That is the advice I was given. Sorry I can't be more helpful.

desert-rat

I had been out of the UK when I registered my daughters birth for 8 years. As I understood it a child born to a British citizen automatically gains British citizenship.
Obviously you need a report of a live birth etc.

britishbull

automatic if child is legitimate but at governments discretion if illegitimate re British fathers, no idea why you would be refused if non-resident as regards UK unless you yourself acquired British citizenship via marriage

Saff_Parker

Hmm. I was born in Manila to a Filipina mother and British father and I was automatically given British citizenship. From memory I do not think my father had been in the UK for 3 years prior to my birth either. However, this was 25 years ago and things may have changed. Sorry to not be of more help, but best of luck!

Saff

GeoffM

While I would sometimes hesitate to recommend Wikipedia as a source, for the more popular topics I believe it's fairly accurate - and quickly updated if it's not. But the article below does mention the three years for certain situations:
http://en.wikipedia.org/wiki/British...hip_by_descent
When exactly was your daughter born - in the last few years? Were you born in the UK, or otherwise not British by descent only? Marriage status?

As for the wrong forms, I wouldn't be at all surprised. My Filipino wife applied for British citizenship roundly at the time she would have qualified in her own right as she'd been in the UK for so many years. The first form was rejected, though that was what the Home Office sent based on her circumstances. The replacement they sent most definitely wasn't right. So I deduced it was either the first form or a third form she needed. Filled in 1st (again) and 3rd, and went to Croydon - and it was the third form she needed. A layman got the right form; the Home Office failed twice, for a simple case. The refund from the first application took 9 months, and it came in the form of a cheque from a personal account. Very worrying.

See if you can find a British immigration lawyer in the Philippines. If (s)he sorts it out, it'll be money well spent. Good luck!

nonthaburi

I've never heard of this three year rule before and the embassy never mentioned that to me , but I never registered the births as the only thing it seems to do is to enable you to get a Uk birth certificate , with certification by the embasssy of the foreign one why would you need to do this . I can't think of any instance in the UK where I have had to show my birth cetificate . Registration is not the same as getting a passport .

If you were born in the UK and the child was born after June 2006 then whether you were married or not you can pass on your nationality . Before June 2006 if you were not married it would be at the embassy's discretion .

If you were not born in the UK and the child's mother is not a UK national you cannot pass on nationality unless the baby was born in the UK and therefore British by birth which isn't the case here . British citizenship is only passed down one generation unlike Ireland and Australia which are passed down two .

I don't really see why you are having problems at the embassy unless you were not born in the UK . I never had problems obtaining UK passports for my children but I didn't register the births . You don't have to do it . The embassy suggests that it might be a good idea , but then they would say that as it costs about twice as much to register the birth as it does to get a passport .

Hope this is of some help to you.