Childs citizenship application without Father's consent

[Raghu_G]

Hi,

I'll keep this short, my wife and I got separated few years back and we have a daughter, she is 4 years. She was born in the UK, but had Indian passport / citizenship. Recently, I learnt that my ex has applied and got British passport for my child.

My question is, can she get British passport without my consent, I am assuming that she has surrendered Indian passport as well.

Any advice would be greatly appreciated.

Thanks,
Raghu.

[Casa]

Either parent can apply for a passport for their child, unless an objection has been lodged at a United Kingdom Identity and Passport Service office. If you are separated but still married, either parent can give permission for a child to have a passport. If the child is under 16 the parent who applies on their behalf must have permanent residency.

[noajthan]

A child born in UK is ofcourse potentially entitled to be registered as a UK citizen in the first place;
ie as detailed in relevant HO guidance.

Ref: https://www.gov.uk/government/uploads/s ... ations.pdf

[Raghu_G]

Thanks noajthan, Casa.

She has ILR, so I guess she got my daughter British passport based on hers. Do I have any rights ? becuase she got the passport without my consent.

[Casa]

No you don't, as you will see from my post that she doesn't need your consent. Also note noajthan's advice.

[Obie]

Thanks noajthan, Casa.

She has ILR, so I guess she got my daughter British passport based on hers. Do I have any rights ? becuase she got the passport without my consent.

A child born to parents who at time of birth were not settled, is not a britiish unless the child is registered under section 1 (3) or 1 (4).

For such registration to take place, the father's consent is normally required, unless the monther states that the father does not play a role in the child's life or the mother forges the father's signature.

In circumstances like yours where the voluntary action of the mother to register the child, will conseqently lead to the loss of indian citizenship, the mother should have at least informed the father of such step.

But it may help your case, OP, as i advised you several months back, that this is the step you should take.

[Raghu_G]

Thanks Casa

[Casa]

This official guidance from gov.uk may be of interest:
"It frequently happens that when an objection is accepted, the child already has a valid passport, or the child’s name is already included in the valid
passport of a relative or parent. We are not an enforcement agency and we are unable to compel the surrender of a passport, for the deletion of a child’s
details, or where passport facilities have already been granted. Only the Courts have the power to do this where there is an order in force prohibiting or
otherwise restricting the removal of the child from the United Kingdom."

[Obie]

Well i think OP is concerned about how his child was registered without his consent, not with the issuance of a passport.

A citizen is entitled to a passport, and in the UK, permission is not needed from the other parent for a passport to be issued.

However permission is required for a child to be registered, which is different from applying for a child's passport.

[Raghu_G]

Thanks Obie,

At time of Birth, she did not have ILR, she got couple of years back.

I did not undertsand your below statement, can you please expand on this :

"But it may help your case, OP, as i advised you several months back, that this is the step you should take."

[Obie]

Thanks Obie,

At time of Birth, she did not have ILR, she got couple of years back.

I did not undertsand your below statement, can you please expand on this :

"But it may help your case, OP, as i advised you several months back, that this is the step you should take."

have you managed to secure leave to remain, you requested assistance on visa situation last winter.

[Casa]

In this thread you were intending to attempt to persuade your wife to register your child as a British citizen.
http://www.immigrationboards.com/immigr ... l#p1165019

[Obie]

Casa, it may well benefit op if the wife agrees to cooperate and assist him, however the troubling aspect, is the fact that the estranged wife took such significant step without notifying OP, especially in circumstances where OP's child will lose her Indian citizenship as a result of this step.

call me old fashion, but that is a decision that a father must be consented about.

[Raghu_G]

Hey Obie, you are a sharp one : )

My case is with the First tribunal, I have got contact / spending time with court order, it's almost a shared care arrangement. I guess based right to family life, I'll be getting my visa extension, otherwise my employer may sponsor me.

I do not feel right about surrendering my Daughter Indian passport, we came here for few years and the plan was to go back to India, now I feel my whole life is upside down and without any support her it’s becoming hard.

I hope it make sense .

[Casa]

Casa, it may well benefit op if the wife agrees to cooperate and assist him, however the troubling aspect, is the fact that the estranged wife took such significant step without notifying OP, especially in circumstances where OP's child will lose her Indian citizenship as a result of this step.

call me old fashion, but that is a decision that a father must be consented about.

I agree, except that the OP appears to have supported the registration when it suited his circumstances, but not when it was for the benefit of the child.

[Raghu_G]

Hi Casa,

I never supported the registration, when I asked for adviced several months back, that is only option I thought I had to be with my child, I hope you can understand.

Now, as i understand if I have contact order from the family court, I'll be getting visa.

[Casa]

I'm not judging and wish you well with your visa application.

[Obie]

Casa, it may well benefit op if the wife agrees to cooperate and assist him, however the troubling aspect, is the fact that the estranged wife took such significant step without notifying OP, especially in circumstances where OP's child will lose her Indian citizenship as a result of this step.

call me old fashion, but that is a decision that a father must be consented about.

I agree, except that the OP appears to have supported the registration when it suited his circumstances, but not when it was for the benefit of the child.

It just feels wrong sometimes Casa, especially in circumstances where the child has lost her indian citizenship, i work in area were i see lots of fathers from south east asis, Africa and Middle Eastern contries are complaining that their wifes or estranged wifes takes these life changing steps, without their consent, and this is wrong, notwithstanding the fact that i alluded to the fact that it will help OP, the least the wife could have done, was informing him at least.

[noajthan]

Thanks noajthan, Casa.

She has ILR, so I guess she got my daughter British passport based on hers. Do I have any rights ? becuase she got the passport without my consent.

Wife may not have been aware of the full impact of actions taken on behalf of minor;
in the context of India, the interplay of citizenship versus passport as described here:
http://www.immigrationboards.com/other- ... l#p1175600

Full summary of relevant scenarios here:
https://www.gov.uk/government/uploads/s ... annexh.pdf

[Obie]

The actions of OP's wife is inexcusable and lack sincerety .

She had no reason to have concealed it from OP.

[Raghu_G]

I agree Obie, I guess I can't do much my hands are tied.