Is My Child Entitled to a British Passport?

Hi All,

I’m Tim, born and raised in the UK.

While working in the Philippines some years back, I met a woman (Maricel) whom was married, but had been separated from her husband for many years. We pursued a relationship, she eventually got pregnant with my son, whom is now 3 Years old.

Maricel’s annulment is finally complete, we are now in process in reverting her name back to her maiden name, we will then file for a certificate of no Marriage, then we’ll get married.

I want to bring Maricel and my Son to the UK to live, but I’m a little bit concerned about getting my son a British passport.

As I understand, because Maricel was married to another man at the time of conceiving my child, my child rightfully belongs to that other man. Am I wrong about this?

I have found this and am shocked:

For children born after 1 July 2006 where the mother was married (according to UK law) at the time of the child’s birth, the mother’s husband is deemed to be the father of the child for nationality purposes.

Can someone please confirm if my child is entitled to a British passport?

If you run a check here: https://www.gov.uk/check-british-citizen it seems that the child is not a British Citizen at the moment, but will become one if you marry.

When you’re not a British citizen
You won’t be a British citizen ‘by descent’ through your father if all the following apply:

• you were born before 1 July 2006
• your parents weren’t married when you were born and haven’t married since
• the country your father considered his permanent home when you were born distinguished between children of married and unmarried parents - check with the country

If it can be proven that you are the child's biological father (in those circs... DNA test maybe the best, and possibly asked for), then yes, of course your boy is entitled to claim British Citizenship, and a British Passport, whether parents were/are married or not.

It may take up to a year to process the passport though.

Going through the process for my 2 year-old boy at the moment. I went for an interview with the Passport Office people last week, in Birmingham.

Incidentally.... if you have the income to bring your boy to UK on a dependent (of your spouse) visa, with his Filipino passport, you could then sort out the British one once here.

Start gathering his hospital birth records, lots and lots of photos... especially with you all together, etc, over as long a period of time as possible, for the purposes of 'establishing proof of relationship'. Add to that... copies of the stamps in your passport proving that you were in the Philippines at the time of conception... plus photos from that period.

If you have 500 quid to spare... get yourselves DNA tested, post haste, but check WHERE the (Passport Office) approved venue is for this, in Manila.

Erm, that is exactly the point I was making about the DNA test. (And DNA tests have become cheaper since 2008). Lots of things have changed since then. I am going through the process NOW.

I was never asked for dna tests when applying for my stepson cerificate of entitlement right to abode,i just supplied all his hospital notes and photos of wife when pregant with real father before met me,also showed birth cert with real father name on as they was never married,just took 2 days to get it,not sure how long now as things have changed.

Hi All,

Thank you for the responses so far.

I do not really want to wait 1 year plus for my child to get a passport unless I must.

I can try to bring them both here in the UK as a sponsor under a visit visa which I believe is valid for 6 months. Do I just bring him here and take him to immigration in London? Do I need a solicitor once he is here? I would like a clear path of what I need to do.

Once in London under a visit visa and we obtain the DNA results that prove he’s my son does that mean he’s been approved as a British citizen?

I'm going to make some calls to immigration now.

It may well be, although that was posted direct from the gov.UK website. I see, now, though, that all 3 criteria need to apply.

Your son can not claim British Citizenship by inheritance - and thereby a British Passport - since his mother was married to another at the time of his conception and birth. The UK Government web site has a page devoted to detailing the circumstances under which those born in the Philippines can apply for a British Passport: that page includes the wording contained in the opening post.

He will automatically be granted British Citizenship once your future wife has completed the necessary FLR and ILR stages and herself becomes a British Citizen.

From that website:

2. Children born after 1 July 2006
A child born after 1 July 2006 is eligible for a British passport if the father is a British citizen and:

• at the time of the child’s birth is married to the mother according to UK law or,
• the father is not married to the mother, but there is proof of paternity and the mother is not married to anyone else

For children born after 1 July 2006 where the mother was married (according to UK law) at the time of the child’s birth, the mother’s husband is deemed to be the father of the child for nationality purposes.

If the mother’s husband is not a British citizen or is not settled in the UK (for children born in the UK) the child will not be eligible for a British passport either through the mother’s husband or through the child’s natural father.

So instead of helping me, I’m told by you guys that my son is not entitled to a british passport.

No problem, just a bit heart broken.

I actually suspect that whole page is quite new, Jim. I don't remember there being a page specifically aimed at those born in the Philippines when I applied for my sons' Passports at the end of last year.

At least I can still marry Maricel, and bring them over on a spouse visa, then after 5 years, they’ll both be entitled.