British Passport for Child retained while processing PR
Aug 12th 2004, 1:50 am
#1
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Joined: Apr 2003
Location: Nigeria
Posts: 24
British Passport for Child retained while processing PR
Dear All,
I am a British Citizen living and working Nigeria since 1997. I married a Nigerian in 1999 and we now have 3 children, ages 5, 2 and 3 months.
We were just completing our PR process, as medicals and PCs were requested and the only remaning item was a birtish passport for our third son.
Our deadline for DIMIA, after another extension due for the birth of our 3rd child, was 31 August 2004.
However, my 1st son has had a british passport since birth, and was granted a new 5 year renewal in March, 2004. Today the british high commission have withheld my first son's passport on the grounds that they are not 100% sure of legitimacy, i.e. if I am the real father. They are requesting DNA test if I wish to pursue the british passport again.
1) Obviously, the deadline (31st August) is out of the question to resolve this and I will need to try and explain the situation to the AUS case officer again and hope I can get another extension.
2) If the worst happens and the DNA test proves that I am not the father which we do not expect, then I will need to apply for a Nigerian Passport for him. If I do this, then the passport documents held at DIMIA for him will not be valid and therefore I guess DIMIA will refuse his application and if DNA test fails then would I have to legally adopt him before he could travel to AUS with us ? What are the rules covering travelling with children, in terms of that we applied with all 3 kids as mine, now 1st son is not mine but would still travel with mother who I married two (5 years+). Do I have to legally adopt before son can travel with us to AUS ?
3) Since my application was valid at the time, including my sons British Passport is there anyway I can still get a PR issued. Obviously the problem is that when the PR is approved there will not be a matching passport anymore ?
4) I haven't haven't been told the reason for the change in decision, but it can only be the fact that our first child is much darker in skin color than the other 2 children. Does anyone know whether this is enough reason for them to rescind such a valid passport, purely on the basis of a childs skin colour differing from other siblings. Where can I get legal advice on this ?
5) Can I contest this so that I can hold onto the british passport until the PR Visa is placed there and we travel to australia ? After that, we will eventually apply for AUS citizenship for the children ? First sons birtish passport will expire in 2009.
Sorry for the very long mail...but I am frantic with what to do next ? Any ideas, help ?
I am a British Citizen living and working Nigeria since 1997. I married a Nigerian in 1999 and we now have 3 children, ages 5, 2 and 3 months.
We were just completing our PR process, as medicals and PCs were requested and the only remaning item was a birtish passport for our third son.
Our deadline for DIMIA, after another extension due for the birth of our 3rd child, was 31 August 2004.
However, my 1st son has had a british passport since birth, and was granted a new 5 year renewal in March, 2004. Today the british high commission have withheld my first son's passport on the grounds that they are not 100% sure of legitimacy, i.e. if I am the real father. They are requesting DNA test if I wish to pursue the british passport again.
1) Obviously, the deadline (31st August) is out of the question to resolve this and I will need to try and explain the situation to the AUS case officer again and hope I can get another extension.
2) If the worst happens and the DNA test proves that I am not the father which we do not expect, then I will need to apply for a Nigerian Passport for him. If I do this, then the passport documents held at DIMIA for him will not be valid and therefore I guess DIMIA will refuse his application and if DNA test fails then would I have to legally adopt him before he could travel to AUS with us ? What are the rules covering travelling with children, in terms of that we applied with all 3 kids as mine, now 1st son is not mine but would still travel with mother who I married two (5 years+). Do I have to legally adopt before son can travel with us to AUS ?
3) Since my application was valid at the time, including my sons British Passport is there anyway I can still get a PR issued. Obviously the problem is that when the PR is approved there will not be a matching passport anymore ?
4) I haven't haven't been told the reason for the change in decision, but it can only be the fact that our first child is much darker in skin color than the other 2 children. Does anyone know whether this is enough reason for them to rescind such a valid passport, purely on the basis of a childs skin colour differing from other siblings. Where can I get legal advice on this ?
5) Can I contest this so that I can hold onto the british passport until the PR Visa is placed there and we travel to australia ? After that, we will eventually apply for AUS citizenship for the children ? First sons birtish passport will expire in 2009.
Sorry for the very long mail...but I am frantic with what to do next ? Any ideas, help ?
Aug 12th 2004, 2:15 am
#2
Retired
Joined: Apr 2004
Posts: 34,649
Re: British Passport for Child retained while processing PR
The only way to get legal advice on the British passport issues is from a UK solicitor *specialising* in immigration and nationality law. And no, unfortunately I can't recommend anyone in particular, although the Law Society in England should be able to provide a list of immigration/nationality specialists.
Your avenues, other than doing what they ask, are either asking someone at a higher level to review the case in the Home Office (aided by your UK MP if necessary) or take legal action. The second option is likely to be slow and expensive.
If the passport was issued in March 2004, how did they come to withold it in August 2004?
If the child is not your son, then he would not be a British citizen despite the fact a passport was previously issued. If a DNA test proves negative your only option would be to apply to the Home Secretary for the child to be granted British citizenship under his discretionary power to register any child as British, in s3(1) of the British Nationality Act 1981. I can't speculate on the prospects of success in that case.
Unfortunately Nigerian birth documentation is not considered particularly reliable by immigration authorities.
You should probably also hire an Australian immigration agent as this may raise suspicions on the Australia side. Not so much in respect of the validity of the application, but if they also have reasons to suspect whether there's something 'not right' with the relationship. For example, if you now tell DIMIA you want a visa put in the child's Nigerian passport when they have him as British on their system. Having said that, as long as they are satisfied that even if the child is not *yours* but is a child of your spouse, then it should not have a problem obtaining a visa.
Of course if a DNA test proves positive then the issue should be solved.
Jeremy
Your avenues, other than doing what they ask, are either asking someone at a higher level to review the case in the Home Office (aided by your UK MP if necessary) or take legal action. The second option is likely to be slow and expensive.
If the passport was issued in March 2004, how did they come to withold it in August 2004?
If the child is not your son, then he would not be a British citizen despite the fact a passport was previously issued. If a DNA test proves negative your only option would be to apply to the Home Secretary for the child to be granted British citizenship under his discretionary power to register any child as British, in s3(1) of the British Nationality Act 1981. I can't speculate on the prospects of success in that case.
Unfortunately Nigerian birth documentation is not considered particularly reliable by immigration authorities.
You should probably also hire an Australian immigration agent as this may raise suspicions on the Australia side. Not so much in respect of the validity of the application, but if they also have reasons to suspect whether there's something 'not right' with the relationship. For example, if you now tell DIMIA you want a visa put in the child's Nigerian passport when they have him as British on their system. Having said that, as long as they are satisfied that even if the child is not *yours* but is a child of your spouse, then it should not have a problem obtaining a visa.
Of course if a DNA test proves positive then the issue should be solved.
Jeremy
Originally Posted by tobidan
Dear All,
I am a British Citizen living and working Nigeria since 1997. I married a Nigerian in 1999 and we now have 3 children, ages 5, 2 and 3 months.
We were just completing our PR process, as medicals and PCs were requested and the only remaning item was a birtish passport for our third son.
Our deadline for DIMIA, after another extension due for the birth of our 3rd child, was 31 August 2004.
However, my 1st son has had a british passport since birth, and was granted a new 5 year renewal in March, 2004. Today the british high commission have withheld my first son's passport on the grounds that they are not 100% sure of legitimacy, i.e. if I am the real father. They are requesting DNA test if I wish to pursue the british passport again.
1) Obviously, the deadline (31st August) is out of the question to resolve this and I will need to try and explain the situation to the AUS case officer again and hope I can get another extension.
2) If the worst happens and the DNA test proves that I am not the father which we do not expect, then I will need to apply for a Nigerian Passport for him. If I do this, then the passport documents held at DIMIA for him will not be valid and therefore I guess DIMIA will refuse his application and if DNA test fails then would I have to legally adopt him before he could travel to AUS with us ? What are the rules covering travelling with children, in terms of that we applied with all 3 kids as mine, now 1st son is not mine but would still travel with mother who I married two (5 years+). Do I have to legally adopt before son can travel with us to AUS ?
3) Since my application was valid at the time, including my sons British Passport is there anyway I can still get a PR issued. Obviously the problem is that when the PR is approved there will not be a matching passport anymore ?
4) I haven't haven't been told the reason for the change in decision, but it can only be the fact that our first child is much darker in skin color than the other 2 children. Does anyone know whether this is enough reason for them to rescind such a valid passport, purely on the basis of a childs skin colour differing from other siblings. Where can I get legal advice on this ?
5) Can I contest this so that I can hold onto the british passport until the PR Visa is placed there and we travel to australia ? After that, we will eventually apply for AUS citizenship for the children ? First sons birtish passport will expire in 2009.
Sorry for the very long mail...but I am frantic with what to do next ? Any ideas, help ?
I am a British Citizen living and working Nigeria since 1997. I married a Nigerian in 1999 and we now have 3 children, ages 5, 2 and 3 months.
We were just completing our PR process, as medicals and PCs were requested and the only remaning item was a birtish passport for our third son.
Our deadline for DIMIA, after another extension due for the birth of our 3rd child, was 31 August 2004.
However, my 1st son has had a british passport since birth, and was granted a new 5 year renewal in March, 2004. Today the british high commission have withheld my first son's passport on the grounds that they are not 100% sure of legitimacy, i.e. if I am the real father. They are requesting DNA test if I wish to pursue the british passport again.
1) Obviously, the deadline (31st August) is out of the question to resolve this and I will need to try and explain the situation to the AUS case officer again and hope I can get another extension.
2) If the worst happens and the DNA test proves that I am not the father which we do not expect, then I will need to apply for a Nigerian Passport for him. If I do this, then the passport documents held at DIMIA for him will not be valid and therefore I guess DIMIA will refuse his application and if DNA test fails then would I have to legally adopt him before he could travel to AUS with us ? What are the rules covering travelling with children, in terms of that we applied with all 3 kids as mine, now 1st son is not mine but would still travel with mother who I married two (5 years+). Do I have to legally adopt before son can travel with us to AUS ?
3) Since my application was valid at the time, including my sons British Passport is there anyway I can still get a PR issued. Obviously the problem is that when the PR is approved there will not be a matching passport anymore ?
4) I haven't haven't been told the reason for the change in decision, but it can only be the fact that our first child is much darker in skin color than the other 2 children. Does anyone know whether this is enough reason for them to rescind such a valid passport, purely on the basis of a childs skin colour differing from other siblings. Where can I get legal advice on this ?
5) Can I contest this so that I can hold onto the british passport until the PR Visa is placed there and we travel to australia ? After that, we will eventually apply for AUS citizenship for the children ? First sons birtish passport will expire in 2009.
Sorry for the very long mail...but I am frantic with what to do next ? Any ideas, help ?
