Hello there. My name is Monic from Philippines...My partner and I wants to apply our son a UK passport. My partner is a British citizen and I'm a Filipino citizen. Our son was born in Philippines in 2014 and with Philippines passport. We are now currently living here in UK with dependent visa since 2016. I was married before and filed annulment last 2013 and was granted last 2019 but the problem is I haven't received the last document bcoz of the delay due to this coronavirus issues.We applied for our son first UK passport and now we received a letter from HM passport office asking for cenomar or crs form no.5.We are worried now bcoz we don't know how can I get that cos form no.5 when I still waiting for last document saying I'm already annulled. I only have the decision saying may marriage was granted/ void but my lawyer say I still need that last piece of document that needed in the nso/psa so they can void my marriage and change back intomy maiden name. Is there any advise there? ....Thank you MoNic
You may want to have a look at the link below. https://www.gov.uk/government/publi...e-uk-applicants-with-links-to-the-philippines From the attached and what you have posted the cenomar or CRS form 5 shouldn't apply. if the mother was not previously married - CENOMAR or CRS form number 5 from the Philippines government if the mother was married to someone other than the father - evidence that they are no longer married: divorce (under UK law) or annulment of the marriage if this took place before the child’s birth, or declaration of nullity made either before or after the child was born
Hi I am in exactly the same situation albeit my partner and child are still in Philippines. My child's UK passport was refused due to my partner being married (applying for annulment) at the tf I applied. Even though I sm the Father (British) on the NSO Birth certificate. The passport office claimed that our child was looked upon as her past partners as she was still married at the time of the birth. Reapplying as advised with new cemonar certificate which I am advised will not show any previous marriage as it will be annulled and was stated not legal. We will marry before applying again for our child's UK passport. Any guidance welcomed.
welcome to the site. Just to clarify--you say you are named on the childs birth certificate issued in the philippines even though the mother was still married to her husband when the child was born. Seems odd. were you in the philippines when the child was born...and when the birth certificate was issued. If you were there--did you sign to say you are the father ?
Hi BM, Yes I was at the birth I also signed the birth certificate at hospital abd have a fully certified birth certificate from NSO. The UK passport office stated some law that she was married at the time and by law he was the legal Father... very odd. However application was rejected. I will be applying again after we marry. Thanks for any guidance.
They are correct under Philippines law if a married women gives birth to a child by another man whilst still married then her husband is deemed the father. Unique to the Philippines also is that only the father (her husband) can impugn the legitimacy of the child therefore if he says it's his to avoid the embarrassment of infidelity then it's his! How that stacks up after divorce not sure but you maybe into expensive waters
UK law is the same which is where the problem lies. I've copied the law from the nationality act. There appears to be some work arounds going down registration route which is expensive but at least a solution. (9A)For the purposes of this Act a child’s father is— (a)the husband [F14or male civil partner], at the time of the child’s birth, of the woman who gives birth to the child, or [F15(b)where a person is treated as the father of the child under section 28 of the Human Fertilisation and Embryology Act 1990 or section 35 or 36 of the Human Fertilisation and Embryology Act 2008, that person, or (ba)where a person is treated as a parent of the child under section 42 or 43 of the Human Fertilisation and Embryology Act 2008, that person, or (c)where none of paragraphs (a) to (ba) applies, a person who satisfies prescribed requirements as to proof of paternity.]
Yes but there is an however, UK gov will recognise Philippines law and as such the child will be recognised in accordance with their law. However if the parents divorce the child I think will become illegitimate and then the biological father can start the process of recognition.
That is correct! If she is still married at the time, her present husband will be the registered father by law even if you acknowledge the child at the hospital and wrote down your name as the father. When the annulment is completed, and you get married, then you could re apply for the UK passport. The best thing when you re-apply for the child UK passport submit a supporting documents of DNA proving you are the real father.
To answer this, although he is the biological father, at the time the wife was still married to the previous husband, by law the father of the child is the registered husband. Even if she has applied for an annulment and has been granted, the biological father will still have to adopt his biological child for formality of registration records in the Philippines documentation.
I was advised that is not the case as the Cenomar will show no record of Marriage as it was deemed illegal. Correct me if I'm wrong as if it does not show how could it be legal or as I was told even exist ? I hope your wrong, how long is it to undertake adopting my own child ? This is really some misguidance by the Passport office and my solicitor if true.
I am confuddled. If I am the Father on the Birth Certifate, the marriage is struck off all records, how can that law apply ? Doesn't make sense
Adoption would not be necessary in my case I'm sure. However I will consult solicitor and the UK Passport office again. Are you a legal advisor on issues such as this out of curiosity?
Thanks Mattecube, appreciated. I'm just struggling to intake an earlier post from another poster. Thanks again.
I had a quick scan through that document I sent you I think you need to read section 4 if there is anything in there that hinders you.
