Marriage Declaration - Daughters Passport application.
Jun 20th 2011, 11:53 pm
#61
Retired
Joined: Apr 2004
Posts: 34,649
Re: Marriage Declaration - Daughters Passport application.
How is this relevant? Where did it say they needed this on my daughters application form?
I have provided clear and full disclosure - passport office has my long form birth certificate, my daughters long form birth certificate, my daughters Canadian passport, and a photocopy of my wife's Canadian passport signed by her in order that there is clearly "blood lineage" on the fathers side for British citizenship.
I wouldn't have even added the photocopy of the missus' passport if I hadn't lucked out and spotted it as a requirement in the general blurb on their website...it's not mentioned in the application form.
My "common law" wife of nearly 4 years, has been separated from her husband for 18 years now. Though technically still married to him, they haven't been a couple for that length of time. In any case what relevance is marital status anyway?
I have provided clear and full disclosure - passport office has my long form birth certificate, my daughters long form birth certificate, my daughters Canadian passport, and a photocopy of my wife's Canadian passport signed by her in order that there is clearly "blood lineage" on the fathers side for British citizenship.
I wouldn't have even added the photocopy of the missus' passport if I hadn't lucked out and spotted it as a requirement in the general blurb on their website...it's not mentioned in the application form.
My "common law" wife of nearly 4 years, has been separated from her husband for 18 years now. Though technically still married to him, they haven't been a couple for that length of time. In any case what relevance is marital status anyway?
If this is the case, then assuming the husband of your wife is not a British born citizen, then your daughter is not a British citizen and cannot get a British passport.
HOWEVER, if you apply for your child to be registered as a British citizen with the Home Office, it will usually be granted if it is done before the child reaches the age age of 18.
From Chapter 9 to the Nationality Instructions, section 9.9.5:
"One of the effects of the changes introduced by s.9 of the 2002 Act is that where a child's mother is married at the time of the birth, her husband (and no other man) is regarded as the father of any child born to her on or after 1 July 2006. However, cases may arise where there is compelling evidence that someone other than the husband is the child's natural father. In such cases, where we are satisfied that the child would have had a claim to citizenship or entitlement to registration if the mother had been married to the natural father, it will normally be appropriate to register the child under s.3(1) if the criteria in 9.9.4 are met."
Therefore, if facts are as suggested, recommendation is to proceed on the basis of the following:
http://www.ind.homeoffice.gov.uk/bri...britishfather/
(yes, the link refers to children born before 1 July 2006 but also covers those born after that date if the mother is married to someone else but there is evidence such as birth registration linking the child to the natural father).
By the way, if your two other children got British passports and the circumstances are the exact same, you need to investigate the situation carefully. If it turns out their passports were issued by mistake, then they are not British citizens and their passports could be revoked anytime.
Jun 21st 2011, 3:02 am
#62
staying around
Joined: Jul 2003
Location: In peace
Posts: 2,328
Re: Passport Delays
is this the same type of response as they can't know my partner is married...
Last edited by candy wy.; Jun 21st 2011 at 3:20 am.
Jun 21st 2011, 5:29 pm
#63
Forum Regular
Thread Starter
Joined: Jan 2008
Posts: 47
Re: Marriage Declaration - Daughters Passport application.
Because if a woman is legally married to another man, then for British nationality purposes he is the "father" not you.
If this is the case, then assuming the husband of your wife is not a British born citizen, then your daughter is not a British citizen and cannot get a British passport.
HOWEVER, if you apply for your child to be registered as a British citizen with the Home Office, it will usually be granted if it is done before the child reaches the age age of 18.
From Chapter 9 to the Nationality Instructions, section 9.9.5:
"One of the effects of the changes introduced by s.9 of the 2002 Act is that where a child's mother is married at the time of the birth, her husband (and no other man) is regarded as the father of any child born to her on or after 1 July 2006. However, cases may arise where there is compelling evidence that someone other than the husband is the child's natural father. In such cases, where we are satisfied that the child would have had a claim to citizenship or entitlement to registration if the mother had been married to the natural father, it will normally be appropriate to register the child under s.3(1) if the criteria in 9.9.4 are met."
Therefore, if facts are as suggested, recommendation is to proceed on the basis of the following:
http://www.ind.homeoffice.gov.uk/bri...britishfather/
(yes, the link refers to children born before 1 July 2006 but also covers those born after that date if the mother is married to someone else but there is evidence such as birth registration linking the child to the natural father).
By the way, if your two other children got British passports and the circumstances are the exact same, you need to investigate the situation carefully. If it turns out their passports were issued by mistake, then they are not British citizens and their passports could be revoked anytime.
If this is the case, then assuming the husband of your wife is not a British born citizen, then your daughter is not a British citizen and cannot get a British passport.
HOWEVER, if you apply for your child to be registered as a British citizen with the Home Office, it will usually be granted if it is done before the child reaches the age age of 18.
From Chapter 9 to the Nationality Instructions, section 9.9.5:
"One of the effects of the changes introduced by s.9 of the 2002 Act is that where a child's mother is married at the time of the birth, her husband (and no other man) is regarded as the father of any child born to her on or after 1 July 2006. However, cases may arise where there is compelling evidence that someone other than the husband is the child's natural father. In such cases, where we are satisfied that the child would have had a claim to citizenship or entitlement to registration if the mother had been married to the natural father, it will normally be appropriate to register the child under s.3(1) if the criteria in 9.9.4 are met."
Therefore, if facts are as suggested, recommendation is to proceed on the basis of the following:
http://www.ind.homeoffice.gov.uk/bri...britishfather/
(yes, the link refers to children born before 1 July 2006 but also covers those born after that date if the mother is married to someone else but there is evidence such as birth registration linking the child to the natural father).
By the way, if your two other children got British passports and the circumstances are the exact same, you need to investigate the situation carefully. If it turns out their passports were issued by mistake, then they are not British citizens and their passports could be revoked anytime.
Jun 21st 2011, 6:28 pm
#64
Joined: Apr 2005
Location: Milwaukie, Oregon
Posts: 9,966
Re: Marriage Declaration - Daughters Passport application.
Sorry you think the comments were asinine, personally I was trying to help. In the future I know not to waste my time.
Jun 21st 2011, 6:30 pm
#65
staying around
Joined: Jul 2003
Location: In peace
Posts: 2,328
Re: Marriage Declaration - Daughters Passport application.
Im sorry we didn't all rush out and do the research for you...........
we gave you enough points to do your own research........... but then some people just don't want to listen....
Jun 22nd 2011, 1:36 am
#67
Retired
Joined: Apr 2004
Posts: 34,649
Re: Marriage Declaration - Daughters Passport application.
In fairness, this is an unusual situation that few people will have encountered.
The worst outcome, in a situation like this, is for a passport to be issued by mistake. Because at a future date, if passport is lost, or if renewal rules are tightened up, the claim to citizenship will have to be re-evidenced and passport renewal would obviously be refused at that point.
And by then, after age 18, it may be too late to fix the situation.
The Home Office, say, in the Nationality Instructions:
6.3.8 Cases sometimes come to light where, due to official error, people
have been consularly registered while ineligible for such registration or wrongly issued with British passports or certificates of entitlement to the right of abode. As a result they might have lost age- or time-limited entitlements to citizenship. So that they are not disadvantaged by the official error we should be ready in such cases to construe the application as an undetermined application for citizenship and process it accordingly.
6.3.9 This policy will not normally cover the holders of British Visitors passports which have been issued in error. It is intended primarily to benefit people who had, but no longer have, an avenue to registration under the minor or other registration provisions of the British Nationality Act 1948 or the British Nationality Act 1981 and have been led to believe that they are British or have a UK right of abode.
...
6.3.11 It is important to note that if an application referred to in paragraph 6.3.8 above is to be construed as a citizenship application, it must have been received by the authority specified in the appropriate nationality regulations. In this connection, it should be noted that:
• the Passport Office did not form part of the Home Office until 1 April 1984
• an application for registration as a CUKC under s.6(2) or s.7(1) of the 1948 Act had to be made to the Home Secretary if the applicant was in a foreign country
• if a passport etc application is known to have been received but cannot now be traced and (if necessary) passed to the correct receiving authority, it will not be possible to treat it as a citizenship application"
The worst outcome, in a situation like this, is for a passport to be issued by mistake. Because at a future date, if passport is lost, or if renewal rules are tightened up, the claim to citizenship will have to be re-evidenced and passport renewal would obviously be refused at that point.
And by then, after age 18, it may be too late to fix the situation.
The Home Office, say, in the Nationality Instructions:
6.3.8 Cases sometimes come to light where, due to official error, people
have been consularly registered while ineligible for such registration or wrongly issued with British passports or certificates of entitlement to the right of abode. As a result they might have lost age- or time-limited entitlements to citizenship. So that they are not disadvantaged by the official error we should be ready in such cases to construe the application as an undetermined application for citizenship and process it accordingly.
6.3.9 This policy will not normally cover the holders of British Visitors passports which have been issued in error. It is intended primarily to benefit people who had, but no longer have, an avenue to registration under the minor or other registration provisions of the British Nationality Act 1948 or the British Nationality Act 1981 and have been led to believe that they are British or have a UK right of abode.
...
6.3.11 It is important to note that if an application referred to in paragraph 6.3.8 above is to be construed as a citizenship application, it must have been received by the authority specified in the appropriate nationality regulations. In this connection, it should be noted that:
• the Passport Office did not form part of the Home Office until 1 April 1984
• an application for registration as a CUKC under s.6(2) or s.7(1) of the 1948 Act had to be made to the Home Secretary if the applicant was in a foreign country
• if a passport etc application is known to have been received but cannot now be traced and (if necessary) passed to the correct receiving authority, it will not be possible to treat it as a citizenship application"
