Sons right to abode

So my question is my wife is on a spouse visa and my son has a right to abode visa, so will I have to apply for a UK passport for my son and if so will I be charged again for this, secondly can I now claim family allowance or what ever it's called as my wife visa says no public funds which I agree with but this is for my son? Any help advice greatly appreciated

Yes you can apply for a UK child passport for your son. He is British by descent, just like myself.

The problem though is it's a separate application, and you will have to pay for passport fees.

Your son would not be able to get child allowance yet. I believe he will have to reside in the UK for three months until he'll be able to.

Also, did you register him at the Consulate when he was still in the Philippines? Consulate Birth Registry?

No we did not register him in the consulate as reading the website there was no need as the uk recognizes most birth certificates and they no longer register births overseas. That's what I read on the web ?

Thanks I'll get his application done now

Was he born in the UK or in the Philippines? If in the Philippines, then you're in for a long, tough ride ahead.

Well mate, I'll tell you now. Don't believe every thing you see in the HMPO website.

It was listed in that website when I applied for my adult passport that it will only take around 16 weeks to get the passport sorted out. I'm in my 14 months now. I applied on the 10th of April 2014. I even had a child passport before.

There's also another applicant who posted here in BF, just like you: British man, Filipina wife, British by descent child. They also applied in April 2014.

They're still waiting for the child passport. lol.

I was registered in the consulate by the way. Both of my parents are British.

HMPO deems the Philippines as 'high-risk' for frauds. They'll check each and every single detail about you, your wife and your child. If they can check what you'll be eating for dinner, I think they'll do so.

Here you go. Check this out.

http://www.british-filipino.com/ind...first-time-british-passport.10667/#post-80684

UK Birth Registry is a MUST for Philippine-born applicants.

Since most of your child's documents would be Philippine documents, a UK Birth Registry would serve as an UK-style document that he'll be able to use to avail for government services (e.g. child allowance, NHS, etc.). Try doing that with a NSO Philippine Birth Certificate and let's see if the NHS doctors will treat your child.

Plus, if ever your child loses his passport when he becomes an adult, without a UK Birth Registry, he'll have a hard time getting a replacement passport.

He has a right to abode visa in his passport so does this not count for anything

It does, since he's now in the UK. But he still used a Philippine passport, and it's still just a visa. You'll have a hard time applying for government services with little-to-no UK IDs/documents.

And it will still take him long to get his UK passport. But at least he's there already and that's a good thing.

That Consulate Birth Registry is a must for us half-Pinoys. Do your son a favour, secure his future, get one.

I'm doing his passport now I'll let you know how it goes

Good luck. I hope little Dublin Boy will appreciate all of your hard work when he's older. lol.

If she has an expired UK passport, then why not just renew it?

And if you do, and it still takes long, then why not just get an emergency passport?

Why use her Philippine passpport, then have it stamp with a Right of Abode when you have something better? Frankly, I don't see the logic.

There's not much use for her Philippine passport since she already has a UK one, aside from IDs and such whilst in the Philippines.

I get it now. And indeed you a have a point. Better be safe than sorry.

I sent my application via Fed-Ex first to my UK lawyer, then she was the one who sent it after to HMPO. I had the same doubts when I was making my application. I had forgotten about that for a moment.

Good luck. Ms. May, the so-called 'next Margaret Thatcher' really have made quite an 'improvement' when it comes to overseas passport applications. Really, really good job.

This should help re benifits in the UK ignor the title

' The right of abode is a statutory right which a person either has or
does not have, depending on whether the conditions in section 2 of the
Immigration Act 1971 (as amended by section 39(2) of the British
Nationality Act 1981 ) are satisfied.

Persons with the right of abode in the United Kingdom are exempt from
immigration control by virtue of the Immigration Act 1971.

Right of abode is held by:
a) British citizens
b) Commonwealth citizens who had right of abode immediately before 1
January 1983 and have not ceased to be Commonwealth citizens at any
time. '

..Taken from a freedom of information govt. response.


What is important is that the original evidence proving 'right of abode'....PASSPORT for instance, is renewed and not allowed to lapse, otherwise application will have to be made again and proof provided all over again.


I can't see any problem claiming and receiving benefits, as the person is 'exempt from immigration control'. Just need that passport to prove it (IF asked).

He has a certificate of entitlement stuck in his philippine passport

Oh, incidentally. Either parent can claim Child Benefit (what used to be family allowance years ago), so yes, it will be perfectly ok for you to claim for your child. Doesn't affect your wife's status.
It's a long time ago now, but I'm pretty certain I claimed for both of my stepchildren (Filipinos on dependent settlement visas) too. My own boy was born in UK and had his own passport from 2 months of age , so no issues there.

Over the years, there were never any problems for my stepchildren (and ex) accessing the various UK services. The children were even given extra tutoring and help in classes at school during the first year or so after their arrival in this country (then aged 7 and 9 years). A couple of years later they were both top of the class !

That is all that is needed, but must also be guarded carefully and transferred each time the passport is renewed.

Scan it and keep the copies !

My (British-born) son has a 'certificate of recognition'....as a Filipino citizen, which I procured for him when he was about 18 months old. He doesn't have a Filipino passport, but 'Recognition' means he can stay in the Phils without need of a visa...plus other benefits of being a Filipino citizen, which we haven't fully explored.

Again , an important document, which I have several copies of.