This is my first post, although I’ve been an avid reader for quite some time! The forum has provided me with a great source of information during the successful process of getting my Filipino wife her British Citizenship. I’ve done the normal searches, but seem to be unable to find the answer.

I’d like to ask a question about the British Citizenship of my daughter, who lives with us here in the UK, which I believe should be automatic.

I am a British Citizen from birth and my daughter was born on 29th October 2009 to my partner- later to become my wife on 7th April 2012. My wife gained her British Citizenship on 15th October 2015. Last year I applied for British Citizenship for my daughter and paid for the National Checking Service. When my application was checked, I was surprised to be informed by the assessor, that my child should be automatically British at birth and just had to apply for a passport!! I was of course “over the moon” and had no idea that this would be the case.

A few months ago I applied for a British passport for my daughter, but it was refused by the Passport Office. The reason being, that at the time of the birth, my wife was still married to her estranged husband. Quoting from the letter I received- “A child’s mother is the woman who gives birth to the child, a father is: the husband of that woman (if they are married at the time of the child’s birth). My wife had supplied them with her Annulment, which was gained on 15/01/2010. They reasoned that as the annulment was dated after the birth of the child, the father would be regarded as being my wife’s first husband! Quoted from the letter from HM Passport Office letter to myself “ Section 50(9) of the British Nationality Act 1981 (bna 81)”. Which I believe should read- Section 50 F13 (9A)(a).

My wife’s marriage to her previous husband was null and void on 15/01/2010- after my daughter’s birth, she also received a CENOMAR after the annulment. I believe I am right in my understanding, that annulling a marriage is as though it is completely erased - legally, it declares that the marriage never technically existed and was never valid. Therefore at the birth of my daughter she was in fact unmarried. Also my marriage certificate, states that she was single at the time of marriage. My daughter’s Philippine Birth Certificate also states myself as the father.
I wrote to the UKBA a few months ago asking if they would clarify the situation, but as yet, have received no reply! I’m not sure of my next course of action? I’ve read this post-
http://filipinaroses.com/showthread....p-for-daughter

If I’m right in my understanding- the advice given by the member “rusty”, is to apply for a British Birth Certificate and use this for the passport application?

The whole bureaucratic process and the understanding of all the legal jargon is very difficult. Could someone please give me some advice? I’d be very grateful.

Thanks,
Ian