Hydreliox

Hi all,

I'm looking for some help and advice as UK IPS I have spoken to so far haven't been particularly helpful. Me and my family are in a little bit of a unique situation and hoping to finally crack this when I am in the UK in September.

To give full explanations and try to create a background I will timeline things as best as possible. I don't know if it makes any difference to anything but I have been paying NI contributions the entire time and consider the UK my permanent residence still - however certainly not habitual residence. Part of the reason for the long delays in going back and processing these things is the slow moving pace of Philippine bureaucracy.

2011 - I traveled to Philippines.
2012 - Gained employment in Philippines
2013 - Returned to UK for a period of 3 weeks
2013 - Met Taiwanese girlfriend in Philippines
2014 - Girlfriend pregnant.
2015 - Get married in Hong Kong (March)
2015 - Child born in Philippines (September)
2016 - Applications etc sent, received and approved for Taiwanese passport
2017 - Going to UK in September - want to get British passport for daughter

So, I am still racking my head with what seems to be unclear and contradicting information - this is certainly my own fault as I find some of the terms to be unnecessarily ambiguous in nature.

Firstly, I haven't yet figured out if my daughter needs to apply for British citizenship using form MN1. Mother is Taiwanese - but me, Father is British born in the UK to two British parents. If I need to apply for this, which section is it under.

Secondly, I haven't figured out either the complete list of supporting documents I may or may not need to apply for daughters passport in UK.

I have -
*Hospital Birth certificate (Philippines) - Philippine DFA approved
*NSO Birth certificate (Philippines) - Philippine DFA approved
*Original Hong Kong marriage certificate
*Taiwanese passport
*Vaccination record - Philippine DFA approved and notarised by attorney and Regional Trial Court
*Father (Extended?) Birth Certificate
*Father's Parents details (both British)

Do I need anything else?
Is there something in this process I am missing?
Is my daughter entitled to a British passport and/or British citizenship?

It will be extremely difficult to get the mother's parents details. Father might be possible but mother has not been seen since around 1989/1990.

We are in quite a unique situation as I understand but unfortunately many of the staff I have spoken to aren't quite sure. This has stopped me applying from abroad during this time (as well as documents which need to be sent in so many directions there isn't time for it all).

Thank you to any and all for input here

I hope that come the end of September we have the British passport sorted out and life will become a little easier. We will certainly try and make sure birth of the next one is on home soil!

Cheers,
(Stressed) Jim

holly_1948

It appears that, at the time of your daughter's birth, the mother was married to a person (you) who was born in the UK and your parents were British when you were born.
That being so the daughter born overseas is British by descent and entitled to a UK passport. Looking over the documents you list the only missing things I see they are likely to ask for is a copy of your UK passport and certified translations into English of the marriage, birth certificates etc unless they are already in English. If, by any chance, either of you were previously married and divorced that too will have to be documented.

I just wanted to set your worries to rest, doubtless an expert will be along shortly to tell you what of your listed documents you don't need (mother's passport?).

SanDiegogirl

As said your daughter appears to be British by descent and so you can apply for her passport.

However, have you thought about what visa your wife will have to obtain in order to live in the UK with you?

You, as the Brit, will have to sponsor her for a settlement visa.

BritInParis

Your situation is entirely normal. That HMPO could not give you correct advice is disappointing but not surprising. Your daughter is already a British citizen. You need only apply for her British passport.

https://www.gov.uk/overseas-passports

NB: The Philippines is one of the most high risk countries to be born in as far as HMPO is concerned. Be aware that her passport application could take several months and you should not plan any permanent moves for your family to the UK before her British passport has been received.

quiltman

Yes, the Philippines are problematic! I have a friend who has two kids with his Filipina partner. He submitted all the documents etc for their UK passports and after about 5 months received a communication from HMPO asking for DNA tests on him and the kids. He called HMPO and asked why he needed this (mainly due to what it would cost him) and was told that although the documents had apparently checked out the kids looked Filipino! Anyway they went to Manila, had the tests ,got them certified at the Embassy and passports issued a few weeks later. My son is just starting the process of applying for our grandsons UK passport but he looks more European than Filipino and is spitting image of his dad.

Pulaski

I don't see getting a visa for his wife to live in the UK mentioned at all by Hydreliox, and that may well be a much more difficult and/ or expensive problem that he has to solve, especially if he doesn't currently have a job paying the equivalent of £18,600 per annum, or more.

HKG3

BiP - do you think the ideas below may worth a try?

1) Return to Taiwan using the Taiwanese passport and apply for a Certificate of Entitlement in Taiwan OR

2) Daughter can enter the UK for six months visa free (if she is included in a household registration in Taiwan) using her Taiwanese passport and apply for an UK passport while she is in the UK

Jim - have you considered registering your child's birth with the British authorities?

https://www.gov.uk/register-a-birth

If you have not started the British passport application process by now, it is unlikely that your daughter will get her British passport by September this year (in two months time).

BritInParis

The OP was intending to obtain his daughter's passport whilst visiting the UK in September. There doesn't seem to be any intention to move back to the UK in which the extended processing times won't be a problem. These would apply whether the application is made in the UK or the Philippines. Consular birth registration, as always, is something to be considered.

Pulaski

BritInParis

I would suggest that's not to be a concern for the time being.

Hydreliox

Hi,

Sorry I'm late to my own party everyone.

Thank you to all for the response.

It is not our intention to permanently move or reside in the UK - merely to make the passport application there as the process from the Philippines seems extremely tedious in sending documents back and forth (especially when it seems difficult to get the correct info).

I am aware and disappointed about the need for a DNA test as we have just managed to dodge this bullet with Taiwan as their office managed to misquote their law - we are lucky to have caught them out on it to be honest.

I am now also only just aware (my own ignorance to Taiwanese travel documents) there is a need for NWHR to enter the UK visa free. Our daughter currently does not have this as the relevant applications to start that procedure are currently in process. This leaves our daughter as a Taiwanese NWOHR passport holder which requires a visa application for UK entry. Unfortunately this applications takes three months and we fly early September. My wife is currently trying to fast track things and may have to fly to Taiwan to sort out household registration and a new passport, then back to the Philippines to transfer the 9(g) dependents visa to a new passport. All in the next 8 weeks....

Any other options or considerations I can make for UK entry in case household registration goes awry?

Thank you for all the input - put my mind at ease in one sense but highlighted another large issue!

Kind regards,
Jim

HKG3

Jim,

A Taiwanese NWOHR passport is not very useful as most visa free agreements Taiwan has with other countries (including the UK) insist visa free access are limited to those Taiwanese passport holders with household registration in Taiwan. Thus a Taiwanese NWOHR passport's main use is to prove the holder's identity. A Taiwanese NWOHR passport holder is require to apply for a permit in order to enter Taiwan

BritInParis

Two important points to make: 1) applying for your daughter's passport from the UK will not speed up the application process if she was born in the Philippines. It will actually cause you more problems as you are unlikely to be still in the UK when it is issued. 2) As a British citizen your daughter is not eligible for a UK visa - her two options are a British passport or a Certificate of Entitlement to the Right of Abode in the UK in her Taiwanese passport; the later being a very expensive option if you only intend to visit the UK.

Hydreliox

Thanks and all understood. I am aware that I will not be in the UK when it is issued however was under the impression I could still use my parent's address to receive the passport. If this is not the case I will look at applying from outside the country.

As a British citizen without HM passport can she not still enter the UK on her Taiwanese, assuming we have the household registration squared away by this point? Or are you suggesting that as a British citizen she can not enter using a different passport?

I would like to wholeheartedly thank you all for your time to answer my questions and queries.

Regards,
Jim

BritInParis

That may be possible but then what would be the advantage?

You are in a Catch .22 situation with your daughter's status. As a British citizen she cannot be issued with a UK visa however without a British passport and no visa in her NWOHR Taiwanese passport she won't be permitted by the airline to board a flight to the UK.

In short I wouldn't be planning any trips to the UK without your daughter having at least her NWHR Taiwanese passport and preferably her British passport.