Dear All,
The query is on behalf of a family friend.
She is Pakistani national residing in Pakistan after getting divorced from her British national husband (Tier 1 route) who lives in UK. She has a 4 year old son (born in UK) with her in Pakistan for whom she managed to get naturalization certificate last year based on her husband's British Nationality (using MN1 form).
She recently applied for British passport for her son from Pakistan. However, she has received letter from Passport office that they have tried to contact her husband on 2 previous occasions for an interview in relation to their sons passport application and he has not replied. In case, they do not hear from her ex husband by 17th May 2019, their application for passport will be refused and no refund made.
My friend knows that her husband is not willing to have their son British nationality and/or passport. She has no contact with her Ex husband and they are not on talking terms for many years. She believes that her husband will deliberately not arrange/attend the interview so that the application fails.
She has called passport advice line multiple times and explained them the situation and offered her interview instead. However, passport office continues to say that because the British nationality to their son was given based on husband's status, it is him that they need to interview.
What options does my friend have? What can she do (apart from speaking to her husband who is not willing to have their son British passport)? Does their son do not have automatic right to British passport if he is British national?
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