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British Passport application denied, can action be taken?

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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zackisback06
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British Passport application denied, can action be taken?

Post by zackisback06 » Wed Oct 03, 2012 9:33 pm

I applied for British passport by decent (my father British otherwise than by decent) through the embassy in Washington D.C. in December of 2011, initially I had to get cleared on being a legitimize child, which I did on March 30, 2012 after sending in supporting documents, following that I had to send in additional documents to to prove my father's idenitity. I sent my father's U.K. passport, deed poll, U.S. driver's license, college/university transcripts, marriage/ divorce certificates, an old bank statement, paternity paper work, family pictures of us together when I was a child (June 27, 2012), along with his UK birth ceritificate which was sent in December with the inital application. After the embassy received those documents they still weren't satisfied and asked for my father to attend an interview to confirm his identity. Initially they wanted him to come to D.C. but that wasn't possible due to his personal finances, so they allowed him to do the interview @ the British embassy in New York on August 15, 2012. My father attending & completed the interview without any issues to my understanding & the examiner told him that I should hear a decision in approx two weeks. After those weeks went by I didn't hear a decision from the examiner so I called the careline & received this email on Sept 4 " As I advised you previously all decisions in your case are made not by myself, but by IPS authorities in London. I forwarded a copy of your father’s interview to them, they will make all necessary checks and notify me about decision. We usually expect a decision in two weeks, however in some cases it require more time for perform the checks. I have no reasons to hold back your application. Whatever decision will be made by authorities, you will be notified immediately". Regards Passport Examiner After a another two weeks went past I become frutarted & asked for an update through IPS in London & they forwarded my concerns to FCO, and they just stated for me to be patient while they continued to do their "checks", I called the careline again on Sept 30 and voiced concerns about the extremed delays & how it's not fair to my future, as well as opportunities financially and the following day I received this "We have received your Helpline query concerning your pending application for a British passport. We are still awaiting some further checks from London, but have requested that your application be updated. WE apologize as these checks do often take some time. In the interim, we will be happy to answer any further questions you have. Many thanks for your patience. Warm Regards, Regional Passport Processing Centre|British Embassy Washington DC USA" Then finally today I received my documents back through international shipping along with a letter from the FCO saying my application has been rejected because of my father's responses @ the interview and further identtiy checks They also stated that they keep my father's UK passport beacuse they can't be satisifed that he is the true owner of the identity. So basically after 10 months I go through this entire process and jumps through all these hoops and still no passport. Is there anything I can do in terms of action? Isn't it also against the law to deny someone of their birthrights regardless of how questions are answered in the interview? I feel especially since my father's facial characteristics haven't change since the last time he used his passport & etc He also used the passport several times in the 1990's. I believe British Law/policy has been violated. Is there anything I can do?Thanks for your help

zackisback06
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Posts: 32
Joined: Sun Oct 23, 2011 8:08 pm

Post by zackisback06 » Fri Oct 05, 2012 8:39 pm

Why is there no response to my post? This is the first time that I've posted something on this site & didn't receive a response. I really need your help. Where are the moderators on this topic like Jambo JaJ,John, & etc?! Please help

Jambo
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Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Fri Oct 05, 2012 8:45 pm

If had something to say, I would have said that already.

I believe you father needs to sort this out with the UK authorities as it seem they can't confirm that he is the person who he says he is.

zackisback06
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Posts: 32
Joined: Sun Oct 23, 2011 8:08 pm

Post by zackisback06 » Fri Oct 05, 2012 9:34 pm

Thanks for your response Jambo. Any idea on how he should/would contact the authorities & try to sort out this matter?

zackisback06
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Posts: 32
Joined: Sun Oct 23, 2011 8:08 pm

Post by zackisback06 » Fri Oct 05, 2012 9:53 pm

Vinny,Obie, & Casa feel free to chime in as well your guidance would be of great help.

Gyfrinachgar
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Location: Wales

Post by Gyfrinachgar » Fri Oct 05, 2012 10:29 pm

This is a fairly exotic problem you have and I have serious doubts that you will find anybody here who has significant relevant experience with this. It would be one big coincidence! It goes well beyond the scope of this forum. Therefore, I would strongly advise you to get professional help, in other words, seek a lawer or solicitor specialised on immigration law. There are several all over the UK (especially in the larger cities like London, Manchester, Glasgow & Co) and they will be able to provide you with topical and reliable information and solutions. No harm in trying, of course, but I think it is an outside chance to find someone who can really help you with that here.

Furthermore, I would assume that you will hear from HO again anyway. If they think that the documents have been forged (and based on what you wrote, they seem to have more than an educated guess), they will persue this matter further. Latest by that point you probably want a lawyer.

zackisback06
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Posts: 32
Joined: Sun Oct 23, 2011 8:08 pm

Post by zackisback06 » Fri Oct 05, 2012 11:25 pm

Gyfrinachgar wrote:This is a fairly exotic problem you have and I have serious doubts that you will find anybody here who has significant relevant experience with this. It would be one big coincidence! It goes well beyond the scope of this forum. Therefore, I would strongly advise you to get professional help, in other words, seek a lawer or solicitor specialised on immigration law. There are several all over the UK (especially in the larger cities like London, Manchester, Glasgow & Co) and they will be able to provide you with topical and reliable information and solutions. No harm in trying, of course, but I think it is an outside chance to find someone who can really help you with that here.

Furthermore, I would assume that you will hear from HO again anyway. If they think that the documents have been forged (and based on what you wrote, they seem to have more than an educated guess), they will persue this matter further. Latest by that point you probably want a lawyer.
None of the documents presented were forged in any way, all the documents that we sent in were extensive & legitimate & real. I also don't understand if my father wasn't applying directly himself for a renewal how can the embassy keep his passport? I feel like that is illegal especially since he attended an interview in person. Also would those solicitors help me if iim not in the UK?

Gyfrinachgar
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Joined: Fri Oct 21, 2011 2:32 pm
Location: Wales

Post by Gyfrinachgar » Sat Oct 06, 2012 12:43 am

zackisback06 wrote:None of the documents presented were forged in any way, all the documents that we sent in were extensive & legitimate & real. I also don't understand if my father wasn't applying directly himself for a renewal how can the embassy keep his passport?
I never said you did or didn't forge them - but it is obvious that HO thinks that there is foul play involved. The state, here represented by the embassy/HO, can scrutinise and retain any official documents they believe are fraudulent; it does not matter at all who submitted them for what purpose. It is not only their right, it is their duty to do so.
zackisback06 wrote:Also would those solicitors help me if iim not in the UK?
You could of course try solictors based in the US, but I doubt you will find too many experts on UK immigration law and HO operating procedures there.

zackisback06
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Posts: 32
Joined: Sun Oct 23, 2011 8:08 pm

Post by zackisback06 » Sat Oct 06, 2012 1:06 am

How do I contact the HO & find out what the issue is? & all of the documents were returned except for the passport, so why wouldn't the HO just keep everything if the issue @ was such a huge problem? I'm just confused on their reasoning. How could my Father return to British Embassy in Chicago & get a stamp on the validation on his passpprt of it's not his identity. That doesn't make sense to me. If it wasn't an issue on his extension to year of 1995 thenwhy would it be oe now?

Gyfrinachgar
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Posts: 433
Joined: Fri Oct 21, 2011 2:32 pm
Location: Wales

Post by Gyfrinachgar » Sat Oct 06, 2012 8:00 am

zackisback06 wrote:How do I contact the HO & find out what the issue is?
Direct Communications Unit, 2 Marsham Street, London, SW1P 4DF
or The Capital Building, 6 Union Street, Liverpool L3 9AF
or telephone (general): 020 7035 4848 (Mo-Fr 09:00 to 17:00)
or telephone (nationality): 0845 010 5200
or e-mail (nationality): ukbanationalityenquiries@ukba.gsi.gov.uk

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