Obtaining A Uk Passport For A Child Who'S Father Ran Away.

[elistu]

Hi People,

I need some help/advice on the following situation.

I have just obtained a UK passport for my 18 month old daughter and would like to do the same for my tgf's half English son, he is 9 years old and after his mother and fathers divorce 8 years ago he has not seen or heard anything from his dad. The father is named on the birth certificate and he also signed an agreement during the divorce that he would pay 5,000 Baht monthly for his son, which he hasn't.

I have tried contacting this slug of a man numerous times and even tried tracking him down last time I was in the UK but to no avail. Is there a way I can get my gf's son a UK passport without the help of his (so called) father or do we need his help?

Any information would be great. Thanks.

Edited October 13, 2011 by elistu

[roamer]

Can't help you as I know little about this aspect of the law. But just because I can't help you doesn't mean I can't wish you well in your quest. There really are some grade 1 A**holes out there.

[7by7]

Unfortunately, although I stand to be corrected, I don't think that there is any way of doing this without the father's co-operation.

There are basically two forms of British nationality

• British by descent.
• British otherwise than by descent.

British by descent means, basically, that you were born outside the UK or a qualifying territory and are British because one or both of your parents are British. With certain exceptions, e.g. members of HM armed forces serving overseas, this type of 'inherited' nationality cannot be passed onto your children unless they are born in the UK or a qualifying territory.

British otherwise than by descent means that you did not 'inherit' your nationality from your parents but are British in your own right. Usually because you were born in the UK or a qualifying territory and one or both of your parents are either British or legally settled in the UK or qualifying territory. Being naturalised as British also means you are British otherwise than by descent. This type of nationality can be passed onto your children, no matter where they are born.

Whatever type of British nationality a father has, he can only pass it onto his children born outside of the UK before 1st July 2006 if he was married to their mother at the time of the birth. You say that your girlfriend and the child's father are divorced, so presumably they were married when the child was born.

The upshot of all this is that to show what type of British nationality the father has and whether or not he is able to pass it onto his child you need to submit his long form birth certificate with the passport application.

If the child was born in the UK, then he is definitely British, but you still need his father's long form birth certificate.

See Steps to apply for a child passport.

It may be possible to obtain a copy of the father's long form birth certificate from the General Register Office; but I'm not sure if you can do this without his consent. All I can suggest is that you contact them and ask.

However, even if you can obtain one, the IPS may want the father's consent before issuing a passport to the child.

Sorry I can't be more positive.

The only other suggestion I can make is that you contact the Identity and Passport Service or the British embassy for their advice.

Edited October 13, 2011 by 7by7
Addendum

[bangkockney]

Your best best is to get a copy of the father's long birth certificate. According to Direct Gov (and confirmed in that thread on TV about Abhisit's nationality, if anyone remembers):

You can order births (full certificate only), marriage or death certificates online from 1837 onwards as long as you have the General Register Office index reference. If you do not have the reference, you can order certificates for events from 1900 if you know the exact date of the event.

This can be done online too, or perhaps better for you, over the phone, so you can speak with someone directly to answer any questions you may have.

http://www.direct.go...cates/dg_175628

Failing that, if you intend to spend any time with your family as residents in the UK, you could go the UK adoption route and secure citizenship for your-then-adopted step child.

Good luck and keep us updated.

Edited October 14, 2011 by bangkockney

[bobrussell]

Contact the Embassy and speak to them directly. Birth and marriage certificates are available to order on-line. I obtained a copy of the birth certificate for one of my son's without difficulty or answering questions. It should be possible to order the birth certificate and marriage certificate for the father if they are of UK origin or registered in the UK. I presume the Thai authorities can do the same.

With a correct paper-trail it should be possible to get a passport for the child. I would expect the Embassy to help as the child of a British citizen married to a non-EU mother should be eligible for British citizenship.

If there are difficulties it may be worth asking for help from your (or close family's) MP as this can smooth things (even if it does not change the final outcome).

[rotary]

Good luck....I think u are going to need it on this.Or at least lots of cash to get it done at a minimum.

[maloyd1]

Good luck....I think u are going to need it on this.Or at least lots of cash to get it done at a minimum.

I have difficulty in understanding why you require a British passport for your Tgf son.

If you intend to take the familly to the UK to live then the first objective is to obtain a Visa for the Tgf.

The easiest format here is to Marry your Tgf and move on from there.

If the Son has a Thai passport then entry to the UK as a dependant of a Thai national with a Visa should not be a problem.

I am not an expert on UK Visa application but when the Tgf applies for the Visa I think the Visa can cover the depandant child.

As mentioned earlier the Boy would appear to have UK Nationality by birth and contact with the British Embassy directly may resolve the issue.

Obviously evidence in the form of documents is the key.

Bottom line is if your intentions are to re-locate the extended family to the UK then search all avenues to get them on UK soil.

Once there it is easier to communicate and obtain information on the way forward to allow the family to remain.

Bassically if you and the Tgf (wife) are legally resident in the UK with a dependant Son/Stepson it is far easier to sort out the intracasies of the boys legal residency than try to obtain a British Passport while living in Thailand. Once the boy is legally resident in the UK a passport is a formallity.

If you are intending to remain in Thailand as a family and require a British Passport for the boy for future reference then the advice given earlier is the best way forward.

Good Luck.

[bangkockney]

Good luck....I think u are going to need it on this.Or at least lots of cash to get it done at a minimum.

Yes you needs loads of cash.....£9.25 or £23.40 for priority service. Read the link I posted on ordering birth certificates.

[7by7]

I am not an expert on UK Visa application but when the Tgf applies for the Visa I think the Visa can cover the depandant child.

You are incorrect. Dependants whether children or not, must have their own passport and own visa to enter the UK. Children, even infants, cannot be included on their parent's passport or visa.

Obviously, British citizens can enter the UK when and for as long as they wish. So obtaining a British Passport for the boy makes perfect sense; if it's possible.