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New Help need for my children

Discussion in 'Important Causes' started by Kevin Taylor 1965, Nov 14, 2020.

  1. Kevin Taylor 1965
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    Kevin Taylor 1965 Member

    I applied for Charlene Jr and Charlottes British passports last October, they failed this task..... due to Charlene srs marital status when they were born.

    This has been a really big blow to me as the original plan was to get their British passports and bring them over.

    I had a very small private pension that I used to get their requirements, cenomar, Philippine passports, divorce papers from California USA and their British passports.

    I have saved enough if I'm asked for DNA tests (only just though)

    The liverpool passport office have informed me that because their mother was married at the time of their birth then I am NOT classed as their father he is even though he left her in 2002 and divorced her in 2008 he is still their father. Another kick in the teeth for me.

    I asked for any remedies and I have been told to apply for their British citizenship form UKMF which I am in the process of applying for.

    I feel I have a mega fight on my hands here.... and I have made a petition for UK government intervention and a gofundme so that hopefully I can get them ROA visa for them to come here ASAP while the application for citizenship is processing.

    My friends all this has come on the back of a very sad month for me, my mother passed on early and we lay her to rest on Monday and now all this..... I pray that once more you guys can come to our rescue.

    https://www.change.org/BringThemHomeKevinTaylor
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  2. Druk1
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    Druk1 Well-Known Member

    Sorry to hear about your mum Kevin, stay strong, they say you have to weather a storm to see a rainbow, I was shocked to read about the third child :( I guess your blacklisted from the PI, there is a way around that, a friend of mine did it, but I really hope all of the personal pieces fit together to make your picture complete again :(
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  3. oss
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    oss Somewhere Staff Member

    Kevin what are the dates of birth for your children, it is important because UK law changed on 1st July 2006.

    My condolences about your mum, like your dad she's had difficult later years because of the horrors you were put through in the Philippines.
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  4. Kevin Taylor 1965
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    Kevin Taylor 1965 Member


    Thanks for the condolences it means alot... Charlene jr was born 19 June 2006, she just got in, Charlotte born 28th January 2008.... no divorce until April 2008, the passport service say the ex husband is the father
  5. Kevin Taylor 1965
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    Kevin Taylor 1965 Member


    The third child, something I cant help right now, I feel for her but I'm trying to concentrate on those I have left.... blacklisted from PI for 10 years and then to return i have to pay all the fines... I guess I would have been banned for life if I never had children there..... but the way I feel I really don't want to go back there...... im really trying to get those pieces together but once again I face walls from governments.
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  6. oss
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    oss Somewhere Staff Member

    Are you sure about that Kevin, the law changed on 1st of July 2006 that was the date that children of unmarried British fathers gained equality with children of a British mother, prior to that date a child born to a British woman was always seen as being British marriage status did not matter for the woman.

    These are the post 1st July 2006 rules https://www.gov.uk/apply-citizenship-british-parent/born-on-or-after-1-july-2006

    These are the rules prior to that date https://www.gov.uk/apply-citizenship-british-parent/born-between-1983-and-2006

    Charlotte is provable by a DNA test and will get British citizenship, my daughter was born in 2008 and has a British passport I was not and am not married to her mother, at the time I had to get a DNA test done in the Philippines and it was very expensive, things may have changed though and maybe it will be cheaper now.

    Charlene Jr is affected by the horrible arbitrary cut off date and yes technically is seen to be the child of the ex husband, the main requirement was that you had to be married to her mother at the time she was born, I think a DNA test will help but you will be relying on this paragraph of the second link.
    upload_2020-11-15_11-59-48.png

    When I applied in 2008 with a valid case under the 1st July 2006 case (Ana was technically still married to a Korean she had divorced in Korea in 1997) we were treated badly by the British authorities they did their damnest to obstruct us and I was told point blank that the only easy way to prove paternity would be DNA, this is not supposed to be a requirement but they made it one.

    Charlotte is definitely British irrespective of the ex husband, but for Charlene Jr you have a fight on your hands.
    Last edited: Nov 15, 2020
  7. Kevin Taylor 1965
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    Kevin Taylor 1965 Member

    Screenshot_20201116-042737_Gmail.jpg

    This was the reply from the passport office last I spoke to them.... a simple task seems to be getting more difficult every day...

    This is one reason I initially started the change .org petition..... please can people sign it.

    #ReuniteDadChachaLotty

    https://www.change.org/BringThemHomeKevinTaylor
  8. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    Sadly Kevin they appear to be correct that under Philippines law a child born by a different father whilst the mother is still married to another man then the husband is seen as the father.

    It must be a very difficult time for you, I would peruse the British registration path.
    Wishing you good luck.
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  9. Heathen
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    Heathen Active Member

    Hi Kevin, condolences for the loss of your mother.

    Reading whats been written by you on the subject of annulment and from what most of us on here know, thats a no goer on costs and time frame, as for the change petition its what it is a petition only with nothing guaranteed at the end of it, I have signed it for what its worth.

    I would continue to pursue the British Citizen registration route, this appears to be the most certain of ways that you could get them over here. I really dont know what else i could say or do to help except stay strong because you are all that they have to get them here, Good luck and keep us updated..
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  10. oss
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    oss Somewhere Staff Member

    They have straight up lied to you or at the very least misled you, I registered my daughter as part of the process of applying for a passport for her but registration is no longer supposed to be mandatory.

    What they say is correct regards Charlene Jr you would need to take a different route, it is not correct for Charlotte.

    You need to stand your ground, whether the mother divorced or not divorced at date of birth is irrelevant after 1st July 2006, they tried the same bullshit with us in 2008, I had the advantage of being physically in the Philippines in order to get a three way DNA test done by a recognised authority.

    These people often do not implement the regulations correctly, and this could be a case of weasel words just to say no to you,


    https://www.gov.uk/apply-citizenship-british-parent/born-on-or-after-1-july-2006

    upload_2020-11-16_16-58-46.png


    You need this https://assets.publishing.service.g...tachment_data/file/817215/Guide_MN1-Jul19.pdf

    This is the clause they are relying on :
    upload_2020-11-16_17-16-43.png

    So you need to apply via this route :

    upload_2020-11-16_17-18-13.png

    The last two excerpts are from document MN1, DNA evidence will be required.

    The only difference between your case and mine was that Ana had divorce papers from Korea in 1997 where she divorced, she was never ever annulled in the Philippines and still isn't to this day.

    The way they replied to you is designed to throw you off they could have said here is the link to the instructions for the correct route but no they didn't.

    Attached Files:

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  11. oss
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    oss Somewhere Staff Member

    Just some proof Kevin so you don't give up, I'm not married, she was divorced abroad, she was never annulled not had her divorce recognised in the Philippines.

    This is my daughter's passport back in 2008

    [​IMG]

    You have stated that the husband has divorced Charlene he must have obtained that divorce abroad, was the husband Filipino or foreigner, he already has a divorce so annulment is irrelevant and the interpretation that the UK Passport Office is applying is wrong, she does not need to get an annulment UK passport office are implying that is a requirement it isn't recognition of the divorce is all that could be required and again that was not achieved or required for my daughter.
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  12. Kevin Taylor 1965
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    Kevin Taylor 1965 Member

    Im bloody confused now mate, are you saying that the passport office has discretion in this matter or do I need to goto the home secretary Priti Patel.
  13. oss
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    oss Somewhere Staff Member

    I'm saying I didn't explicitly go to or contact the Home Office and the difference between your case for Charlotte and my case for Janna is very small.

    You need to read the MN1 document in detail.

    https://assets.publishing.service.g...tachment_data/file/817215/Guide_MN1-Jul19.pdf

    At this point arguing with them is probably pointless so yes you need to read the MN1 guidance and you need to find out how to do the registration, I am certain you will need the DNA evidence for an application for registration

    This is the MN1 application form, read it and the guidance carefully

    https://assets.publishing.service.g...achment_data/file/864363/form-mn1-02-2020.pdf

    I did fill in an MN1 in Manila at the British Embassy and supplied DNA evidence at the time but for the last few years we have had several members, several of them now ex-members of the site, saying that MN1 was not an absolute requirement these days.

    In your case you are going to have to do the MN1 but before you do it and before you pay anything in fees you need to find out exactly what DNA evidence they will accept, the test I had done was a three way test me, Janna and her mum Ana, this was done at UP Diliman (University of the Philippines) and was recorded both on video and photographically it was a forensic test and cost me something like £800 back in 2008.

    You need to find out what Philippine laboratory or hospital is currently approved by the UK government, they won't accept any old DNA test, it has to be an approved lab and I don't know who you have to call to get that information but you do need to speak to someone before you part with any money.


    The contact details for UP when I used them were as follows, please understand these details are 12 years old, they may well have changed :

    Dr Maria Corazon S. De Ungria
    DNA Analysis Laboratory
    Natural Sciences Research Institute (Miranda Hall) Velasquez cor Quirino St.
    University of the Philippines Diliman
    1101 Quezon City


    Laboratory phone number

    +63 24341574

    Phone number has probably changed to +63 2 8434 1574 as they added an 8 in Metro Manila the other year.
    Last edited: Nov 17, 2020
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  14. Kevin Taylor 1965
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    Kevin Taylor 1965 Member

    Heres an update from last week.... the requirements I sent to the passport office haven't returned.... the passport office are now aware and said on Friday that they were waiting on tnt to collect (holding my breath right now, well see on Monday).

    Passport office say the issue is not that I am the biological father but the problem is the divorce law in the Philippines.... ie none. So they are not asking for DNA... I asked for any solution and they recommended me filling out a form UKF... for children born after June 2006 to UK fathers with mothers married to others. Its for UK citizenship at the discretion of the home office.

    I telephoned these people on Friday as I needed advice on the biometrics part and they advised me that 1, there should be no problem with their claim as this is normal now and to apply when they are in the UK.... your probably thinking right now is how can they come to the UK if they are not allowed a UK passport.... this i asked and he suggested I get a visit visa and gave me a telephone number to call for advice.... which I did and found that if you want advice on visas from her Majesties government you need to pay £1.50 per minute.

    So I have decided to try a get them visit visa for 6 months, but as I've been burned already on their UK visas im very loathed to pay out once again on visit visas as cash is now fast running out and the heartache would be so much if they failed again.

    But alas I have to bite the biscuit and get on with it.... so any advice on tourist visa would be appreciated also the reason for the petition is that im after some kind of reassurance from the homeoffice that their visa application would be successful in some way.....

    So please everyone, please sign and share the petition...

    #ReuniteDadChachaLotty

    https://www.change.org/BringThemHomeKevinTaylor
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  15. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    Hi Kevin
    from what I have read and as my previous post the issue is that the children's mother was married at the time your children were born! At present there is no way around that law. If you go for discretion you are going to have to come up with a very good case why the children should be separated from their mother and possibly their younger sibling. I cannot see anything in the MN1 route that will help you!
    Visit visas are going to be difficult to obtain.
    Good Luck with whichever path you choose
    Last edited: Nov 22, 2020
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  16. oss
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    oss Somewhere Staff Member

    You said that Charlene's husband divorced her, was he Filipino or was he a foreigner and where did he do it, which country.

    They are incorrect about their interpretation of divorce in the Philippines, there is divorce for Filipino's who are divorced by foreigners.

    The specific problem you have is that the divorce had not happened at the time the children were born, this is the interpretation they are relying on.
  17. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    The interpretation is correct further
    The divorce from a foreigner is subject to being judicially recognised in the Philippines and the children would still be recognised as the children of the husband.
  18. oss
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    oss Somewhere Staff Member

    My daughter was born to a mother who had not had a judicially recognised divorce and still hasn't completed the final step, Ana got judicial recognition around about 2011 but she never completed the last steps with the NSO.

    We filed an MN1 for registration in 2008, and my daughter has a passport that is a simple fact John.

    Kevin did not register the birth of his children at the Embassy within the first year as is required, but the MN1 is registration as a British citizen not an application for a passport and it should still be possible, also the requirements for the MN1 have nothing to do with the passport office.

    There is a divorce, divorce papers exist presumably and so long as original documents still exist the process for having it recognised in the Philippines is not that hard, but it does matter if the husband was Filipino or a foreigner.
  19. oss
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    oss Somewhere Staff Member

    Kevin please answer my earlier question about the nationality of the ex husband but I have an additional question, is your name on the children's birth certificates and did you get the birth certificates quickly after each child was born.

    I am asking because I have been reviewing my official communications with UK authorities back in 2008-09.
  20. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    Response in bold above

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