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What to do? UK entry required for son of a British national

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shafa
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What to do? UK entry required for son of a British national

Post by shafa » Mon Aug 06, 2012 2:53 pm

Hello

I am asking this question on behalf of my brother

Story:
My brother a UK national married in 1991 to someone from Pakistan for what ever reason it did not work out and they divorced in 199 and she returned to Pakistan. He has a son from this marriage. He then got married again to someone from Pakistan and she is now in the UK and is settled and they have children. He would like to apply for his first sons British passport but an application was made and they rejected it (5 years ago) saying that they did not believe it was his son. He would like to reapply but include a DNA test which proves it. What is the best route for him? Is he better of just getting applying for a family visitor visa? or a Settlement Visa or for a British passport? The child was born in Pakistan but his dad is a British national


Any help would be much appreciated

batleykhan
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Post by batleykhan » Mon Aug 06, 2012 2:59 pm

How old is the son of his from the first marriage?

som1984
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Post by som1984 » Mon Aug 06, 2012 3:06 pm

does he have a birth certificate for his son. surely this has his name on the certificate as the cilds father?

shafa
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Post by shafa » Mon Aug 06, 2012 3:12 pm

batleykhan wrote:How old is the son of his from the first marriage?
10 years old

shafa
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Post by shafa » Mon Aug 06, 2012 3:14 pm

som1984 wrote:does he have a birth certificate for his son. surely this has his name on the certificate as the cilds father?
Yes there is a birth certificate (from Pakistan) I can only assume they rejected this also they said they needed clear evidence that it was his son so we were thinking DNA test

som1984
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Post by som1984 » Mon Aug 06, 2012 3:19 pm

ok, i thought he was born in this country.... DNA test should suffice

shafa
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Post by shafa » Mon Aug 06, 2012 3:31 pm

som1984 wrote:ok, i thought he was born in this country.... DNA test should suffice
Thats what my question was gearing towards-is the only way to get him to the UK applying for a BP? or settlement?

vignette
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Post by vignette » Tue Aug 07, 2012 12:37 am

Who has his son been living with in Pakistan?

Greenie
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Post by Greenie » Tue Aug 07, 2012 11:20 am

shafa wrote:
som1984 wrote:ok, i thought he was born in this country.... DNA test should suffice
Thats what my question was gearing towards-is the only way to get him to the UK applying for a BP? or settlement?
a British citizen can't apply for a UK visa. If the issue is paternity then this would still be an issue if the child applied for a settlement visa anyway. Are you sure the child is British-how did the father obtain British nationality?

shafa
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Post by shafa » Tue Aug 07, 2012 5:06 pm

vignette wrote:Who has his son been living with in Pakistan?
The mother

shafa
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Post by shafa » Tue Aug 07, 2012 5:09 pm

Greenie wrote:
shafa wrote:
som1984 wrote:ok, i thought he was born in this country.... DNA test should suffice
Thats what my question was gearing towards-is the only way to get him to the UK applying for a BP? or settlement?
a British citizen can't apply for a UK visa. If the issue is paternity then this would still be an issue if the child applied for a settlement visa anyway. Are you sure the child is British-how did the father obtain British nationality?
The father was born in UK, the son was born in pakistan my question is:

What can we do to bring the child to the UK, the mother is happy for him to come here

Do we:

a)apply for BP with DNA test
b) any other way?

vinny
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Post by vinny » Wed Aug 08, 2012 1:12 am

Was he married to the child's mother at the time of the child's birth?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

shafa
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Post by shafa » Wed Aug 08, 2012 3:37 pm

vinny wrote:Was he married to the child's mother at the time of the child's birth?
Hi Vinny

Hope you are well, He was not married at the same time-the situation is that he got married again with the consent of his first wife as he could not have kids from her, but in order to call his second wife over he had to divorce his first wife, low and behold his first wife became pregnant a year after his marriage

He is living with his mother in Pakistaan and schooled in Pakistan so we would like him to come over for holidays e.t.c and eventually he will live here

How can we achieve this?

Is it possible for him to come over on a visitor visa and apply here for a British passport (while he is here)

vinny
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Post by vinny » Thu Aug 09, 2012 1:50 am

Assuming child's birth was prior to 1 July 2006:

If he was not married at the time of his child's birth, nor subsequently married to his child's mother, then his child is not automatically British.

He may register his child at the discretion of the UKBA.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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