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Child First UK Passport after Right of Abode - in UK now

Discussion in 'UK Visa and Immigration Help' started by rjd1969, Jan 21, 2016.

  1. oss
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    oss Somewhere Staff Member

    Peter would my daughter's expired British Passport be considered proof of right of abode?

    She has a Philippine passport with a photo of her as a baby which is virtually the same as her photo in her expired British passport, could we travel on her Philippine passport without a visa simply by carrying her expired British and Philippine passports as well as a new current Philippine passport?

    I really want to do her British passport renewal in the UK and not from the Philippines.
  2. KeithAngel
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    KeithAngel 2063 Lifetime Member

    "If a person who is a British citizen, or has the right of abode in the UK, applies for a visitor visa or for settled status to be entered into a foreign passport, the application should be refused. This is because section 1(1) of the Immigration Act 1971 confers complete exemption from UK immigration control on persons with the right of abode, subject to proof of that right. As such a person with the right of abode in the UK should not be given leave to enter or remain under the Immigration Rules. If you have a visa application from a person who you are satisfied has the right of abode in the UK, the person should be advised to apply for a certificate of entitlement instead."

    So they were obviously satisfied it would be interesting to know what "evidence" was supplied? Rjd1969
  3. rjd1969
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    rjd1969 Member

    we initially applied for the visitors visa. we got an email back saying the baby was eligible for ROA.
    evidence we supplied for VISITORS VISA in phils ( no additional info was supplied for ROA app) :
    birth certificate with english fathers name.
    5 years photographic evidence of relationship with mother ( before, during and after birth). Over 50 images documenting the toll san miguel has taken on me while in the phils.
    rental agreements with both mother and father named over a period.
    Introductory letters from grandparents inviting grandchild and family to UK.

    no DNA tests were requested.

    Think that's it. Will update if i remember any more.
    • Like Like x 1
  4. oss
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    oss Somewhere Staff Member

    That's great, thanks for that info!

    I can imagine :D


    Just to confirm you and your partner are definitely not married?
    • Funny Funny x 1
  5. Dublin boy
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    Dublin boy Active Member

    It's not a stamp it's a sticker like the visa and it has typed right to abode this was last July
  6. oss
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    oss Somewhere Staff Member

    Does rjd1969's experience match your experience Mr Gorilla, I mean in terms of what you had to do to get the sticker?

    rjd1969 replied earlier explaining the proof they had to provide to get the sticker.
  7. rjd1969
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    rjd1969 Member

    not that i am aware of :)
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    • Funny Funny x 1
  8. Dublin boy
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    Dublin boy Active Member

    Not really we did the same thing applied for a visa and they came back saying he does not need one as he has a British farther. We supplied birth certificate as he was born in Cebu and just the normal stuff when applying for a visa. Hope this helps
    • Like Like x 2
  9. oss
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    oss Somewhere Staff Member

    Yeah thanks very useful information, it changes the kind of advice we can give people as quite a few have asked about obtaining a first UK passport and when I did it for my daughter it was not cheap and not simple for an unmarried couple.
    • Agree Agree x 1
  10. Matthew Riley
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    Matthew Riley New Member

    your in for a surprise if you believe that
  11. oss
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    oss Somewhere Staff Member

    Matthew that would have been my understanding but read this thread in detail and you will see that people are not being coerced to have DNA tests.

    The opening poster is not married to his partner, however he and his partner and his child are all in the UK right now, they managed that presumably with a visit visa for his partner and with the grant of a 'Right of Abode' document being inserted into his child's passport.

    Our authorities must have accepted the evidence he presented, prior to this thread I would have said that as unmarried parents you need a DNA test to prove that a child can visit the UK without immigration restrictions, I had to go through that with my daughter eight years ago although sadly we never managed to actually use her passport to get her to visit the UK before it expired.

    Things have clearly changed in terms of what the passport authorities will accept as evidence, and on the evidence of this thread the changes are for the good, we were put through the grinder 8 years ago, everything was really hard.
    • Agree Agree x 1
  12. rjd1969
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    rjd1969 Member

    correct : in uk now with visit visa for GF and ROA for baby. no DNA.
    still no reply from PO on possibility of applying for baby passport in UK who said 3 days .
    Will update when I hear from them.
  13. rjd1969
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    rjd1969 Member

    Tried to contact the PO by email twice , no reply even though they said they would reply within 3 days.
    Was given the following number to call : Advice Line on 0300 222 0000
    Initially the guy on the phone said it was ok no problem. I asked him the question in a different way and he contacted a team leader who I was then passed onto.
    The team leader said NO problems with applying for a UK passport for the baby on a ROA Filipino passport while in the UK.

    However i would need the following:
    1) CENOMAR - apparently if the missus was married before (which she isn't) any 'husband' could have 'rights' over my baby! So you need a CENOMAR to prove that this isn't an issue?
    2) Original Philippines Birth Certificate for the baby with English translation from someone approved by the chartered institute for linguistics.
    3) My (UK father) original birth certificate.

    Also the chap said that they cant fast track the passport as its a Philippine Passport and the documents need to be verified. He said the time-frame would be around 4-6 weeks.

    No mention of DNA requirements.

    So not as straightforward or quick as I thought even with the ROA.

    R
  14. oss
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    oss Somewhere Staff Member

    Excellent information.

    Point 1 well yeah strange but true. In the Philippines though the mother has full control up to the age of seven I think.

    Point 2 did the guy not realise that the birth certificate is issued in English there is no translation.

    Point 3 why your father's birth certificate don't you have a UK passport stating your citizenship, your UK passport records will confirm that you are 'British otherwise than by descent' which is the only thing they could be trying to prove with this requirement.

    How many years validity is left on the wee ones Philippine passport? The RoA certificate should be moved to any new passport when it renews and Philippine passports are issued with 5 years validity.

    Only you can know your timetable but I guess it would be best to return to the Phils and make sure you have all the right docs next time you come back to the UK.

    Saying that, I believe CENOMAR and Birth Certificate can be obtained via that online link I gave you earlier in the thread. Philippine Birth Certificates are only valid for a few months so the notion that it has to be 'Original' is nonsense, same would apply to your fathers birth certificate here, I probably still have my dad's certificate but god he died 32 years ago what could I do if I needed the original and it no longer existed.
  15. rjd1969
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    rjd1969 Member



    I meant my birth cert here not my fathers :)

    You can apply for the CENOMAR online takes 3-7 bizness days in the Phils. Then best to ship it over by DHL if i am still in the UK. Will keep you all posted on developments if we proceed.
    Last edited: Feb 4, 2016
  16. oss
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    oss Somewhere Staff Member

    One thing to remember is that once you get the British passport for the wee one, it will only be valid for 5 years and then you have to go through the renewal process and if you are doing that from abroad that will be painful and worrying.

    I am sure you will but keep all old expired passports both Philippine and Brit and all communications that you have with any UK authority, as I mentioned earlier the only reason I have not renewed my daughters passport is that I have to send it off to Liverpool from the Philippines with a whole load of proof and we did have to get DNA evidence 7 years ago to get it in the first place it's cost me thousands (GBP) so far and I am not taking a chance of her original passport getting lost in the post. I only live 20 minutes away from Liverpool and I did bring her passport back once thinking I might be able to renew it here but no such luck :(
    Last edited: May 10, 2016
  17. KeithAngel
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    KeithAngel 2063 Lifetime Member

    If the mother was still married the child would be de facto the husbands child
  18. rjd1969
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    rjd1969 Member

    good point on the passport duration. The ROA lasts the same amount of time :S
    A passport renewal ( rather than a first passport) would hopefully be less problematic though right ?
  19. oss
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    oss Somewhere Staff Member

    Child's picture changes from being a baby to being a lot more grown up, last time I looked I was having to provide almost all the same documents again original passports UK and Philippines and details of my daughters school all kinds of stuff, Janna's first UK passport is really her best proof of British citizenship, likewise your child's RoA.

    Me, call me cynical and suspicious but I can just see all our documents getting lost in the post between the Philippines and the UK or alternatively getting lost under a mountain of applications that are being processed by some poor overworked civil servant in Liverpool, people on here have been waiting for passport renewals for over 12 months in some cases, I just don't trust the blasted procedure and therefore I will get my daughter here somehow at some point and renew her passport while she is here.

    That's why I wanted to check if my daughters expired UK passport could be carried with her as proof of RoA while she travels on her Philippine passport, as to me that is the only safe way to do it, I've invested so much already in getting that original passport about £1000 just for the DNA test that I'm not taking any chances with the renewal.
  20. Micawber
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    Micawber Renowned Lifetime Member

    oss, i'd really suggest getting UKVI involved with that question.
    It can get very complicated for dual nationals when one of the passports becomes expired.
    There's really no 'law' requiring British Citizens to have a 'current' passport in order to enter the UK.
    Technically then, if there's no need for a current UK passport or travel document then no visa is required.

    The complications arise because Immigration Officers at ports of entry will need to decide whether entry is granted or denied at the time of arrival and on a case by case basis. Seems there are more 'jobsworth folks' about these days who enjoy digging holes.
    Personally I doubt there'll be any problems, but there'll surely be questions.

    Here's a link from UK Immigration Rules that might help:-
    https://www.gov.uk/guidance/immigra...o-enter-or-stay-in-the-uk#pt1requirementleave

    oss, had you considered getting an emergency travel document via the British Embassy?
    https://www.gov.uk/emergency-travel-document

    Whichever way you look at, if departure can be made from Philippines then entry can be made to UK and the passport renewed very quickly when your in UK.
    Best to present both passports at UK Immigration

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