Register children born in UK - parent with PR

Lest i forget, Can i also make application for my second child's mother as a dependent under EU law??? Any advise will be helpful. Thank you all guys

erunkulu2 wrote:Lest i forget, Can i also make application for my second child's mother as a dependent under EU law??? Any advise will be helpful. Thank you all guys

Are you married to her? Does she currently have legal status?

erunkulu2 wrote:Lest i forget, Can i also make application for my second child's mother as a dependent under EU law?

No, not unless she is an EEA national. The EEA Regulations only apply to EEA nationals, their family members (direct or extended), and those whose presence is required for them to be able to enjoy their rights. British citizens' carers are also covered, but as you are settled here, EU law (according to the Home Office) wouldn't cover her.

If she be an EEA national, she may qualify as a 'self-sufficient person' on the basis of your earnings.

Regardless of whether she's an EEA national, she may qualify under British law for a spouse 'visa' as the wife of a person settled in the UK (i.e. you). She may be able to get this without leaving the UK.

Casa wrote:

erunkulu2 wrote:Lest i forget, Can i also make application for my second child's mother as a dependent under EU law??? Any advise will be helpful. Thank you all guys

Are you married to her? Does she currently have legal status?

Yes i am married to her and while waiting for my PR to come out she lost her status in the UK (Student).

In which case, as she has no legal status she won't qualify for FLR(M) as your spouse. You may be succeed with a FLR(FP) partner route application, but this ins't guaranteed. Do you have a minimum annual income of £18,600? That's assuming your child is either British by birth, or registered as British when you submit the FLR(FP) application.
Are you aware that at present your wife has no free access to NHS treatment?

vinny wrote:

secret.simon wrote:Given that you are disputing the presumption that the husband of the mother of the eldest child is also that child's father and as the child was born after 10th September 2015, be prepared to be asked to provide a DNA test proving that.

50 wrote:(9A)For the purposes of this Act a child’s father is—
(a)the husband, at the time of the child’s birth, of the woman who gives birth to the child, or
[F14(b)where a person is treated as the father of the child under section 28 of the Human Fertilisation and Embryology Act 1990 or section 35 or 36 of the Human Fertilisation and Embryology Act 2008, that person, or
(ba)where a person is treated as a parent of the child under section 42 or 43 of the Human Fertilisation and Embryology Act 2008, that person, or
(c)where none of paragraphs (a) to (ba) applies, a person who satisfies prescribed requirements as to proof of paternity.]

If 50(9A)(a) applies, then the child's father is deemed to be the child's mother's husband at the time of the child's birth.

Hi Vinny,
For personal knowledge, is paternity as defined in Section 50 an absolute definition or a rebuttable presumption?

Casa wrote:In which case, as she has no legal status she won't qualify for FLR(M) as your spouse. You may be succeed with a FLR(FP) partner route application, but this ins't guaranteed. Do you have a minimum annual income of £18,600? That's assuming your child is either British by birth, or registered as British when you submit the FLR(FP) application.
Are you aware that at present your wife has no free access to NHS treatment?

Yes i am aware. Thanks for the info, you guys are awesome here. Thank you all

secret.simon wrote:For personal knowledge, is paternity as defined in Section 50 an absolute definition or a rebuttable presumption?

Registration under Section 3(1) may be a solution.

vinny wrote:

secret.simon wrote:For personal knowledge, is paternity as defined in Section 50 an absolute definition or a rebuttable presumption?

Registration under Section 3(1) may be a solution.

Thank you for backing me up on this. (I've already referenced the relevant part of the nationality instructions, Section 9.9.5.)

One thing that is worrying is the 'may' aspect, though I didn't see my worries mentioned in the discussion referenced by Vinny. When registering illegitimate children of British citizens born (and living) in Thailand, they have been known to refuse to register when the parents' relationship had broken up, apparently on the ground that the child's future clearly did not lie in the United Kingdom. I know of one case where the child had to wait until the father could register it under form UKF, having been refused under MN1. In the OP's case, I can conceive that they might refuse registration of the eldest child on the basis that its future lies with its mother, whom they will expect to be administratively removed from the UK. Additionally, it seems they might decline to register because registration might alter the immigration outcome, with both mother and child being allowed to stay. Can anyone comment on the likelihood of such an outcome?

secret.simon wrote: Hi Vinny,
For personal knowledge, is paternity as defined in Section 50 an absolute definition or a rebuttable presumption?

If Vinny's not going to answer, I'll give my untutored opinion. Conception by artificial insemination or the like ought to be rebuttable - no time limit is given between the treatment and the birth resulting in a child. However, the only way to challenge paternity resulting from marriage is to challenge the existence of the marriage. This might get legally interesting with a void marriage capable of resulting in legitimate children.

There is a published interpretation that the husband takes precedence over the other parent declared for artificial insemination. I'm not sure that that is the correct position in law. The law on that conflict may well be undecided.

The position of children born to widows is probably dependent on judicial common sense. Fully registering the birth of posthumous illegitimate children is already complicated.

noajthan wrote:

erunkulu2 wrote:please can you explain how this PR is acquired and what do i need to look out for if i receive a reply from UKVI (SAR) as am not expert on this like you guys.

I also need to know what forms do i fill for the baby #2 when making application based on treaty rights passport application as suggested ???

Thank you.

Follow the document I linked for you.
Get a passport form from PO.

You have to submit all the evidence of acquisition of PR, same as when you applied for your PR card.

Its no good submitting the PR card.
That will probably just confuse HMPO who may think you only got PR from date of issue of card (which is after child's DoB).
They would be incorrect ofcourse but they frequently make such mistakes and would deny the passport (because they used wrong dates)..

So collate all your documentary supporting evidence for PR.
Follow the guidance document I have already posted for you which is for treaty rights-related applications.
Have a go at filling the form.
See how it all shapes up.

Noone said it was going to be easy.
Good luck.

Hello Noajthan,

Firstly, i will like to thank you for taken your time to reply to my post and all your team on this forum. I have got my SAR today from the UKVI and it showed that i have acquired PR since 3rd of September 2015.

I have also applied for my first child registration and waiting to get a reply from HO.

For the second child, i have applied for British passport and waiting as well. I have a feelings that it will be issued because they have contacted the person that countersigned the application for me. Although, they mistakingly send the form to his work place instead of residential address and his work place had returned the form back to HMPO as they are not allowed to received letter from his work place. Since then, i haven't heard anything from HMPO. I called them yesterday and they said i should wait for couple of days or weeks as they don't need anything from me now.

I'm very positive on all the application and i really appreciate everyone on this platform for their support. Thank you all and may God bless you all.

hi erunkulu2
where did you look out to see the date you acquired your PR?
i received mine yesterday (SAR)but i couldn't find the acquired PR date!
they send me around 30 pages show what HO hold on me including my PR application progress
submitted application date
received application date
list of application supporting documents
PR issued date but nothing about the acquired permanent residence date
where i have to look please for acquired PR status date?

The page which looks like this.

erunkulu2 wrote:Hello Noajthan,

Firstly, i will like to thank you for taken your time to reply to my post and all your team on this forum. I have got my SAR today from the UKVI and it showed that i have acquired PR since 3rd of September 2015.

I have also applied for my first child registration and waiting to get a reply from HO.

For the second child, i have applied for British passport and waiting as well. I have a feelings that it will be issued because they have contacted the person that countersigned the application for me.
...

I'm very positive on all the application and i really appreciate everyone on this platform for their support. Thank you all and may God bless you all.

I've lost track of how 1st child qualifies but sounds like you've aced it for second child. And you were evidently settled even when first child was born so that can only help.

thanks ohara
i check everywhere on the 30 pages no trace of the acquired PR date !
i attached the one look like yours

thanks ohara
i check everywhere on the 30 pages no trace of the acquired PR date !
i attached the one look like yours

ohara wrote:The page which looks like this.

Hi Mate,

You need to look for exactly the same page on your Sar. Something similar to what you're been showed here. I hope this is helpful. Goodluck

noajthan wrote:

erunkulu2 wrote:Hello Noajthan,

Firstly, i will like to thank you for taken your time to reply to my post and all your team on this forum. I have got my SAR today from the UKVI and it showed that i have acquired PR since 3rd of September 2015.

I have also applied for my first child registration and waiting to get a reply from HO.

For the second child, i have applied for British passport and waiting as well. I have a feelings that it will be issued because they have contacted the person that countersigned the application for me.
...

I'm very positive on all the application and i really appreciate everyone on this platform for their support. Thank you all and may God bless you all.

I've lost track of how 1st child qualifies but sounds like you've aced it for second child. And you were evidently settled even when first child was born so that can only help.

,
Hello Noajthan,

Sorry to bother you. I was just wondering if you can send me a link for EEA applying for British passport under treaty rights to see how long it took then to get a response from HMPO. Mine is 6weeks today and I haven't heard anything from HMPO.

Should I call them???