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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6395
Experience:  BA (Hons), PgDip, Practising Solicitor
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FOA TOM, Hello I am the mother of the young man mentioned

Resolved Question:

FOA TOM,
Hello I am the mother of the young man mentioned wishing to apply for UK passport;

I am having a great deal of trouble getting a passport for my son who is 19; as far as i am concerned he is british born, and he has always lived here; my son has a dutch passport because when he was young and because I never married his father he had to assume my nationality; however my son is an adult now and should be able to apply for UK passport in his own right. Can you please clarify where my son stands?

Thank you
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

Thanks for requesting me.

Where and when was the father of your son born?

Tom
Customer: replied 1 year ago.

His father was born in London on the 14 November 1962;


His father is on my sons birth cert and has always had good relations with my son.

Expert:  Thomas replied 1 year ago.
Right.

Is the father available to assist?

Tom
Customer: replied 1 year ago.

He would assist with pleasure, however he is currently on holiday and my son is with him, so I cannot contact him immediately.

Expert:  Thomas replied 1 year ago.
Ok.

What application form have you made and what form did you use?

Tom
Customer: replied 1 year ago.

My son discussed his concerns with his Naval officer, who suggested he complete an another UK passport application and then attach a personal statement, a pen picture of himself and that he wishes to join the navy in January, which my son did, however we got the same reply such as, Needing evidence from the time my son was born that '


1, Can I provide a stamped passport which states that I had british resedency rights from 1993


2, Bank statements from 1993


3, Pay slips, or tax statements from 1993


4, a card from 1993 to state I can live in the UK?


I had advised I never had my passport stamped, and that I dont have my passport from 1993, nor did I keep bank statements and pay slips or p60 from 1993. however I could and would get the evidence from MHR tax office to send statement of all my work tax and NI contributions from as early as 1986 to time he was born if that would help, provided tax office can get me these details??, this is where I am at with passport office at the moment!


 

Expert:  Thomas replied 1 year ago.
Sorry, I need you to be clear. It's important.

Your solicitor advised him to make an application using form AN1. This form is the form to apply for Naturalisation for a foreign national to become a UK national.

This is different to a passport application. A passport application is simply an application by a person who is already an UK citizen for their passport.

Please confirm whether your son made an application for naturalisation using form AN OR if he simply applied for a passport.

Please don't elaborate. We'll get there quicker if you don't, sorry to be a bit blunt.

Tom
Customer: replied 1 year ago.

 


We did complete an AN1 form however did not send this off, because we were advised by my son naval officer that he did not have to complete AN1 form!


 


So my son completed a UK passport application form instead with a personal statement and we sent this off 2 weeks ago!


 


 

Expert:  Thomas replied 1 year ago.
Ok, thanks.

The naval officer is (in my present view) correct to advise that the AN1 is not appropriate.

Did you confirm you son's father's details in the passport application?

Did you submit the father's birth certificate?

Tom
Customer: replied 1 year ago.

we did submit fathers passport details, but did not send in his birth certificate,


 


they dont seem interested in father's details because we did not marry.

Expert:  Thomas replied 1 year ago.
Drafting your answer now. 5 mins.

Tom
Customer: replied 1 year ago.

got to get off soon,


 


You still there?

,

we did submit fathers passport details, but did not send in his birth certificate,


 


they dont seem interested in father's details because we did not marry.

Expert:  Thomas replied 1 year ago.
Hi,

Two minutes before I will post your answer.

Tom
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

I think what you should do is take the copy of the application that you hold, together with all supporting documentation (copies, presumably you have them) and correspondence that you have received from the passport office.

If he was born in the UK after 1983 to a father who was a British Citizen otherwise than by descent (ie. By birth, through his parents) then he is automatically entitled to UK citizenship. This means that he should be able to get a passport without first having to register as a UK citizen.

Confirmation here:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/othernationality/Britishcitizenship/borninukorqualifyingterritory/

See “If you were born in the UK on or after 1 January 1983“

Therefore, he IS entitled to UK citizenship because of his father being British born and because he himself was born in the UK.

I think the reason that they are asking about whether you are married or not is because they believe you are applying on the basis that you –not the father – were settled here (ie. Had permanent residence) at the time of the birth

The reason they think that is (I believe) because you have not proven that the father is British by birth. Simply providing the father’s passport does not prove that he is British by birth, it just proves that at the date of the passport his father was British.

You need to get hold of the father’s birth certificate which shows that he was born in the UK before 1983. This proves that he is British by birth and therefore proves that at the date of your son’s birth he was born to a British father. This proves that he is entitled to UK citizenship automatically.

My advice would be to get the father to get the birth certificate then for yo both to attend a solicitors office with your son and get the solicitor to write to the passport office with it and also a statutory declaration from the father (which the solicitor can arrange) confirming his identitiy and that the birth certificate relates to him.

This should do the trick.

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Kind regards,


Tom
Thomas, Solicitor
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Experience: BA (Hons), PgDip, Practising Solicitor
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