Passport

Hello everyone.
Wondering if anyone can help on this issue.
I am British and my partner is Filipino we have a two-year-old son. When my son was born, I applied for British passport for him which was refused because my partner was still technically married to a Filipino , and according to British law I am not recognised as the father of my son. We are now in the second year of the annulment process , if successful Does anyone know if a passport will then be approved.

I think you might be better to email the Passport Office (Child born overseas section in Liverpool), if possible supplying the original application reference umber) , and ask their opinion on it. They may suggest a DNA test.
They are actually quite prompt at answering emails, and not unhelpful .

It's not Liverpool now but Durham whose email address is Durham Overseas EQA <DurhamOverseasEQA@hmpo.gsi.gov.uk>

It was Liverpool for my recent (successful) application for my son... and Birmingham for my interview.

This may help.............https://www.gov.uk/government/publi...ppines/applying-for-a-passport-outside-the-uk

Correct me if I am wrong, but as she is still married, in Filipino law her husband is technically the father of the child.

Hi again.
Thank you for taking time and for your replies .
Looks like I shall email overseas passport application office for their advice . I have read a few links to this site and it doesn’t look too good as my son was born before the annulment is granted .That is not what I wanted to hear. It would be nice to find the thread but discuss this earlier if anyone can help on that matter . My final hearing for the announcement is this Valentine’s Day . Hopefully we will get a positive result . It has taken just over two years to get this far and I really thought that the passport application for my son would be simple
Thank you all once again

Sadly, it appears that your child cannot inherit your nationality, if my interpretation of the information in the above link is correct.
It does seem unreasonable though, I have to say.

Do of course contact the Passport Office for confirmation.

Of course this does not stop you from in the future bringing your son to the UK on a settlement visa. He could then subsequently become a British Citizen... as could his mother.

I have two Filipino step-children whom I brought to the UK many years ago. They are now as British as you and I.

I also have a UK-born son (their half-brother) from that marriage, plus a 2 year-old son from my current marriage... born in the Phils, and now with his own British passport.

As long as you can meet the 'sponsorship' requirements, there is nothing to stop you bringing your partner and your child here, using their Filipino passports.

Thank you for your reply.
Our final annulment hearing is on the 14th.
That is from my partners marriage in the Philippines.
I was then hoping that a passport for our son was going to be given, but as you say probably not.
We now need to go forward.
We want firstly to marry. But where is best?
Then to settle in the UK.
Not sure how to go about all this!!!
It’s given me a headache for 2 years.
Been coming back and forward to the Philippines for 4 years now.
3 times a year for past 2 years to see my son and finances are running thin.
Need some help please.

After the annulment, you will of course be able to marry there in the Phils. Civil ceremony there is much the cheapest and easiest. Can be less than a 100 quid.

Do a search on here for forms required ,etc.

You'll then need to satisfy sponsorship requirements for wife and one dependent, to bring them here... whenever that might be. (Enough income, suitable accommodation, etc).

Again, plenty of info on the forum about that process... plus the various UK Gov. websites.

IANAL (anymore) but I'd guess that if someone had the inclination (and deep enough pockets), that law could be challenged as it is blatantly discriminatory.
Mum shags married Filipino guy = British child
Dad shags married Filipina lady = Un-British child

Applying different rules for nationality on the basis of whether you are using the Maternal or Paternal familial line is just inherently wrong.

Yep. So are most things when it comes to UK government.

An annulment means null and void..That means when the annulment is issued,they were never married...Right?
If that`s the case then how can the Filipino or the law claim the child to be his?
I`m no lawyer but I`d consult one!

Well today had email back from passport office in Durham.
They confirmed that because the annulment was obtained after the birth of my son he cannot get a passport from the UK.
I must say I find that quite unfair. Be interesting to see what would happen if British mum gave birth in the Philippines to a married fillipino man. Wonder then if he would get passport.
Anyway, just wanted to let you know.
Maybe help someone else.
Thank you all.

Thanks for the feedback.

It does seem ridiculous, in fact, grossly unfair. Like most of these restrictions though... usually caused by the misdeeds of cheats and fraudsters in the past... more often than not, not even 'REAL' Brits. A DNA test should be acceptable as proof, and citizenship granted on that basis.