First passport child refused

[Danear]

Hi everyone

I got a lot of questions:

I applied for my daughters passport from iraq in march 2017 and it got refused end february 2018.
Now we need advice what to do, some information my husband is British by natrualisation and im a
Dutch citizen ( no we dont want that passport) and our daughter was born Arbil Iraq in 2015.
The base it was refused they say we send in tempered papers which is not possible as it was provide by
the goverment and stamped and checked in various places (ministery of justice and foreign affairs)

After contacting a lawyer in the UK they adviced us:
apply again ( takes a long times and probably refused again)
Right of abode
registration
or anything else?

Can any one help us what to do now as dad has been in the UK for the past year already and we really
want to join him soon

thanks
danear

[vinny]

Which documents were they unsatisfied with?
Right of Abode would require same documents.
Was you husband naturalised and a British citizen prior to child's birth?

[secret.simon]

im a Dutch citizen ( no we dont want that passport)

Why do you not want the Dutch passport? At the very least, with a Dutch passport, your daughter and you can arrive in the UK and then you can apply for a British passport for your daughter from within the UK, if she is eligible.

The important question is the one Vinny has asked;

Was you husband naturalised and a British citizen prior to child's birth?

[Danear]

Papers refused where a copy of entry in registry of our family and my dayghters Iraqi national ID.
Eventhough her Iraqi passport and her own registry were accepted which is strange as the national id and passports are based on the entry in the registry. My husbands national id was accepted and were even invited for a second interview end December but instead of a date we got a refusal.

My husband has natrualised in September 2009. So our daughter is British from birth

Which papers are need for right of abode? By my understanding can we get this and then apply for the passport later from the UK?

Thank you

[vinny]

Right of Abode would require same documents.

Obmitting personal details, what did the refusal letter say, exactly?

[Danear]

the letter stated that they say they have been unable to confirm the authenticity of both documents. a review confirm the are not genuine or contain alterations.

the documents are real and obtained how it should be done so how they come to this conclusion is a big suprise for us.

For a ROA application what i read my daughters birthcertificate and my husbands natrualisation document and copy passport should be enough or do we need to submit more?

[vinny]

The burden of proof is on them. They must show that they have taken all reasonable steps to verify the documents, similar as stated in 46.

What are they implying? That father and daughter were not related as claimed? If so, a CoE-RoA application faces the same problem.

However, a DNA test may solve this.

[Danear]

Some more information: We have as normal with the passport application also send my husbands Iraqi national ID my daughters Iraqi passport her birth certificate my birth centrificate proof of recidency provided by police also did we send our 2 sons uk birth certificates with them as they were born in Newcastle and hoped it would help.

After the refusal i did offer them DNA but they said disicion made case closed and advised us in the letter to apply for registration in Liverpool. Disputing it will be a long costly process. Our goal is to get to the UK asap and then see further


But does this apply to us> And with the ROA we wont need these papers if I read it properly.

[vinny]

In this case, the prerequisite for the two applications is the same. To show that the applicant is a British citizen.

If the CoE-RoA doesn't require these documents, then the British passport application shouldn't have required them as well.

[Obie]

The burden of proof is on them. They must show that they have taken all reasonable steps to verify the documents, similar as stated in 46.

What are they implying? That father and daughter were not related as claimed? If so, a CoE-RoA application faces the same problem.

However, a DNA test may solve this.

That is precisely the legal position. This was confirmed recently in a judicial review permission to proceed hearing.

The court confirmed that even though he would have been in favour of the Home Office in relation to the adequacy of the documentation provided, he was nevertheless minded to grant permission and he did grant permission on the basis that the Home Office alleged that a family photograph was digitally manipulated but no evidence of this was provided.

The judge accepted that an allegation of fraud, if left unchallenged, will have potential implication and there he granted permission.

If the lawyer is competent enough, he ought to have taken the fraud allegation much further.

[Sunshine2018]

Hi! My children were both born in Oman and when they were born my husband submitted a copy of their birth certificate immediately to British embassy and we were issued a certified birth certificate from the British embassy itself. Maybe you have not done this? You will need your children's birth certificate reported and registered as soon as you can when they are born in any country.