Getting a British passport for my Kenyan Born son and bringing my fiancee to the UK
Nov 26th 2012, 9:45 am
#16
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Re: Getting a British passport for my Kenyan Born son and bringing my fiancee to the
But section SET5.10 of the Guidance I quoted the link to previously says clearly:
I agree with SanDiegogirl that a separation may be considered in the case of certain other relationships (same-sex & unmarried) but it's not legal evidence of the end of a marriage--only a divorce is. And for a UK marriage, only the decree absolute is accepted as evidence of divorce.
Info on the decree absolute:
http://www.terry.co.uk/decree_absolute.html
I agree with SanDiegogirl that a separation may be considered in the case of certain other relationships (same-sex & unmarried) but it's not legal evidence of the end of a marriage--only a divorce is. And for a UK marriage, only the decree absolute is accepted as evidence of divorce.
Info on the decree absolute:
http://www.terry.co.uk/decree_absolute.html
Thanks again.
Oct 5th 2013, 1:29 am
#17
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Re: Getting a British passport for my Kenyan Born son and bringing my fiancee to the
Just an update. I applied for visitor's visas for both my son and partner which were both refused in Feb 2013. I appealed and my appeals were allowed 
. Both my son and partner are now here on visitor's visas. OK, I want to apply for my son's British Passport here in the UK as I am British otherwise than by descent. Do I fill out the form myself and sign it or the mother? It says the one with parental repsonsibility must sign it and since we are not yet married this would be the mother right? WOuld it matter that it is actually me who is British?
Any advice appreciated.
. Both my son and partner are now here on visitor's visas. OK, I want to apply for my son's British Passport here in the UK as I am British otherwise than by descent. Do I fill out the form myself and sign it or the mother? It says the one with parental repsonsibility must sign it and since we are not yet married this would be the mother right? WOuld it matter that it is actually me who is British?Any advice appreciated.
Last edited by redzventures; Oct 5th 2013 at 1:50 am.
Oct 5th 2013, 4:24 pm
#18
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Posts: 34,649
Re: Getting a British passport for my Kenyan Born son and bringing my fiancee to the
Just an update. I applied for visitor's visas for both my son and partner which were both refused in Feb 2013. I appealed and my appeals were allowed. Both my son and partner are now here on visitor's visas. OK, I want to apply for my son's British Passport here in the UK as I am British otherwise than by descent. Do I fill out the form myself and sign it or the mother? It says the one with parental repsonsibility must sign it and since we are not yet married this would be the mother right? WOuld it matter that it is actually me who is British?
If your son is a British citizen, then he should not have received a visitor visa to the United Kingdom. Any consular officer should have refused to issue a visa to a British citizen child. Only a British citizen passport, or Right of Abode stamp in a Kenyan passport should be issued in these instances. But perhaps standards of public administration are not what they should be.
That said, there may well be requirements for both parents to sign a British passport application. In that case, both must sign. IF you cannot obtain a British passport, you can apply to the Home Office for a confirmation of British nationality certificate for your child (use Home Office Form NS).
What's the plan for your wife? I thought there is a "no-switching" rule that stops those admitted as tourists from changing status after admission to the U.K. There may be some exceptions, but these are usually limited in scope. Have you looked into this?
Oct 6th 2013, 1:03 am
#19
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Re: Getting a British passport for my Kenyan Born son and bringing my fiancee to the
I would be concerned that the application for a visitor's visa for your son could be constried as an admission that he is not entitled to UK citizenship.
Oct 6th 2013, 10:39 am
#20
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Re: Getting a British passport for my Kenyan Born son and bringing my fiancee to the
British citizenship, if it has been conferred by the law, is mandatory not optional. Any tourist visa that is given to someone who is a British citizen or Right of Abode holder is null and void.
Oct 7th 2013, 2:15 am
#21
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Re: Getting a British passport for my Kenyan Born son and bringing my fiancee to the
Right. My paranoia comes from living in Eastern Europe for too long.
