Legal Question in Immigration Law in United Kingdom

My father's name was Mohammad Azad.

My father was born on February 13, 1930 in British India.

My father emigrated from Pakistan to the UK in 1974-75.

On February 13, 1980, my father was issued a British Certificate of Registration.

1974-75 when my father moved from Pakistan to the UK.

According to my information, my father's wife had two sons and a daughter in Pakistan.

After receiving the British Certificate of Registration in 1980, my father came to Pakistan, taking his wife, two sons and a daughter with him to the UK.

In the UK, my father raised two more sons and two daughters.

By 1988 my father had a wife, four sons and three daughters who lived in the United Kingdom.

In the last months of 1989, my father came to Pakistan from the UK

My father became interested in a woman (my mother) in Pakistan

My father married this woman(my mother) on 05-01-1990 in exchange for some conditions

My father and the woman(my mother) lived together

The woman(my mother) became pregnant

As I mentioned earlier, this wedding took place under certain conditions

My father refused to accept the terms

And he left his wife(my mother) and his baby(me) in the womb and went to Britain

The baby(me) was born on 24-12-1990

After the birth of the baby(me), the woman(my mother) divorced my father

My father came to Pakistan from the UK in 1994

My father recognized me as his son in the High Court of Azad Kashmir

My father agreed to pay my mother monthly for my upbringing

My father verbally told my mother that when this boy was older I would take him with me to the UK.

In those days my father returned to the UK again

When the High Court decided and my father went back to the UK, he died within a few months.

When my father died in the UK, my father's wife had four sons and three daughters in the UK with my father.

I was living with my mother in Pakistan at that time

At that time, I was 3 years and 9 months old

At the time of my father's death, my stepmother, my step sisters and my half-brother were with my father in the UK.

After my father's death, my stepmother, sisters and brothers seized all of my father's immigration papers, including my father's British certificate of registration and his British passport.

After the death of my father, his dead body was brought to Pakistan and buried

My father's bank balance and property were distributed by the court

My father's inheritance distribution certificate was issued by the court

In this I was declared an equal partner with my half-sisters and brothers

After splitting the court inheritance, my stepmother, sisters and brothers returned to the UK

Never again contacted me

I lived and studied in Pakistan

When I was growing up, people told me that your father was a British citizen

All of your father's children lived in the United Kingdom except your own

You, too, should go to the UK and try to live

I applied for British passport 2 times

I don't have my father's passport. Because those passports were taken over by my stepmother, my step-brothers and step-sisters when my father died in Britain.

My stepmother, step-brothers and step-sisters are not giving me father's passports to get me a British passport.

When, for the first time, my British passport application was rejected

I told the Home Office about the plot of my stepmother, brothers and sisters

The Home Office advised me to get the Subject Access Request

I made a Subject Access Request for information about my father's passports

The second time I applied for my British passport with my father's passport details.

But the British Passport Office paid no attention to it

A few days after applying for my British passport, the British Passport Office rejected my passport request without being interviewed.

The period during which my father came to Pakistan These days my father got his second British passport from Pakistan

Getting my father's British passport from Pakistan on wedding days This proves that my father was in Pakistan during that time

But the passport office also ignored my statement

How can I prove my relationship with my father?

My siblings are not ready to give me any documents of my father

Can I file a case against my siblings in a British court?

Asked on 4/07/20, 5:55 am

1 Answer from Attorneys

Adam Sierant ELSG Ltd

Whether you can get British passport, depend on whether you have a claim to British nationality.

From what you wrote you are very likely to be a British Citizen by descent (I'll ignore the descent part as it is irrelevant now)

In order to prove your claim to nationality you must

1) Show that your father was British Citizen - a copy of certificate of his naturalisation (or a number) should suffice - SAR should suffice

2) Prove that you are his son - you need a full birth certificate (the certificate must show his name & surname and your name & surname)

If HMPO still refuses, they must give you a reason - they can not refuse a passport 'willy - nilly'

If they do you can always threaten them with Judicial Review - this will force them to look into this matter very carefully.

I would advice against filling against your siblings - you would have to get a mandatory injunction - this is equitable remedy and not given as of right.

Given that there is potentially another route (SAR/JR) injunction is likely to be refused.

If you need more info/help, please contact me at [email protected]

Kind regards


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Answered on 4/07/20, 1:20 pm

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