Children with a different surname to parent – UK citizen – UK passport control
- By
- Aparna Patel
- |
- 27 Jul, 2023
- |
Is there a requirement that children traveling with a parent with a different surname carry their birth certificate?
I would say no. I (my family) have been in this situation several times. I am an IT contractor (actually British/Canadian dual nationality), my kids are on British passports, with my surname (wife kept maiden name). Often holidays for us have us going to airport home, then me checking in and travelling on a different flight to elsewhere in the UK (usually Southern England, live in Scotland), so my wife travels with the kids on UK passports, but different surname to hers. She has never been questioned on it, or even had a second look.
Is it possible there were something in race/surname/behaviour that sparked a suspicion in the border agent? You’d want to think it wouldn’t matter, but given the UK press coverage of mothers attempting to take families to Syria via routes to join ISIS, maybe you (unfortunately ) fell into a demographic that prompted further investigation?
If you will allow me to take your questions in reverse order…
If so where is the legal origin of such a requirement?
Given that the IO referred to ‘The Children’s Act’, the legal origin is found in Section 55 of the Borders, Citizenship, and Immigration Act 2009 which reads in part…
Shortly before the bill received Royal Assent, ILPA published a fact sheet with the intent of briefing the relevant practitioners…
You can read the briefing to get familiar with the details. The Border Force has also published internal guidance on how to interpret the law. ILPA also states that the drafting of the Border Force’s guidance was put before the British public in an open consultation and now reflects the public’s sentiment on the issue. Your situation is by no means unique and the interaction that took place at the control point is massively well-grounded in law.
Your other question: Is there a requirement that children traveling with a parent with a different surname carry their birth certificate?
If your narrative is factual, then it’s plain to see that there is no explicit requirement to carry a birth certificate. Otherwise the children would have been detained.
On the other hand…
The Immigration Officer is entitled to carry out the law and he can pursue any line of enquiry relevant to that purpose. The IO not only has the full strength of the law behind him, he also has a precedent within the judicial system. In 2014 a case was brought before the Upper Tribunal and the decision reads…
That answers both your questions. There is no explicit requirement to carry a birth certificate. On the other hand, your friend can expect to endure similar delays in the future without adequate preparation.
If you will allow me to take your questions in reverse order…
If so where is the legal origin of such a requirement?
There is none.
Your other question: Is there a requirement that children traveling with a parent with a different surname carry their birth certificate?
If your narrative is factual, then it’s plain to see that there is no explicit requirement to carry a birth certificate. Otherwise the children would have been detained.
Credit:stackoverflow.com‘
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