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lrali
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Need advice - Please help!

Post by lrali » Sat Jul 28, 2007 10:25 pm

Is it possible to bring my son from the second marriage who is now aged 22 (approx) to UK?. I got my British Citizenship in 1969 by means of Naturalisation. I am currently in receipt of Pension Credit. My first wife passed away in 2004.

I would appreciate any types of help from anyone with regards to this. Please feel free to ask any questions. - Thank you. LRA

Wanderer
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Re: Need advice - Please help!

Post by Wanderer » Sat Jul 28, 2007 10:34 pm

lrali wrote:Is it possible to bring my son from the second marriage who is now aged 22 (approx) to UK?. I got my British Citizenship in 1969 by means of Naturalisation. I am currently in receipt of Pension Credit. My first wife passed away in 2004.

I would appreciate any types of help from anyone with regards to this. Please feel free to ask any questions. - Thank you. LRA
Short answer no.

Unless he has in-demand skills and a degree. Or he could marry a BC. Or he could apply for a student visa if u have the money to pay for it. It's not cheap.
An chéad stad eile Stáisiún Uí Chonghaile....

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Post by John » Sat Jul 28, 2007 10:35 pm

When you say "my son" you mean "step-son"? Or are you really the biological father?

Apart from that, the answer really is no, there is no chance of your citizenship assisting it getting a step-son, aged 22, to the UK.
John

lrali
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Post by lrali » Sat Jul 28, 2007 10:43 pm

John wrote:When you say "my son" you mean "step-son"? Or are you really the biological father?

Apart from that, the answer really is no, there is no chance of your citizenship assisting it getting a step-son, aged 22, to the UK.
Really appreciate your help folks.

He is not my step-son. He is my real son from my second marriage. So I am his biological father. I married to my second wife whilst my first wife was alive. I heard from somewhere that I can bring my son as he was born after I got my citizenship! I am really confused. Please help

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Post by SYH » Sat Jul 28, 2007 10:45 pm

Umm I can't wait for John's next question

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Post by Wanderer » Sat Jul 28, 2007 10:49 pm

The answer is still no.
An chéad stad eile Stáisiún Uí Chonghaile....

SYH
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Post by SYH » Sat Jul 28, 2007 10:51 pm

Wanderer wrote:The answer is still no.
Oh Wanderer, not before John asks a followup question

lrali
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Post by lrali » Sat Jul 28, 2007 11:48 pm

To add further complexity to this, I have a daughter of 17 years old and my second wife. However, I am keen to get my son here first. Please advice.

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Post by Dawie » Sat Jul 28, 2007 11:53 pm

I heard from somewhere that I can bring my son as he was born after I got my citizenship!
In that case, yes. You can pass on your British citizenship to a child born after you acquired it. Your son would already be a British citizen by decent, and in fact would have to do nothing more than go to the British embassy in his country with his birth certificate, your naturalisation certificate and passport, his mother's birth certificate and your marriage certificate in order to apply for his British passport.
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

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Post by SYH » Sun Jul 29, 2007 12:10 am

lrali wrote:To add further complexity to this, I have a daughter of 17 years old and my second wife. However, I am keen to get my son here first. Please advice.
Well that bites for her. Guess her value is less.

lrali
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Post by lrali » Sun Jul 29, 2007 12:18 am

Thanks very much. Is there a law somewhere states that the child needs to be born before or after 1981 in order to be classified as a British Citizen by descent. Please confirm as I am not sure whether this law will have any impact on his situation.

Regards

lrali
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Post by lrali » Sun Jul 29, 2007 12:27 am

Dawie - Thanks for your reply. Really appreciated.

I haven't disclosed anything about my second marriage to the Embassy as yet. The Embassy is only aware of my first family. Children from my first marriage is currently living in the UK.

So I am also concern that what will happen when I approach the Embassy with my son to get the British Passport?

Regards

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Post by Wanderer » Sun Jul 29, 2007 12:34 am

OK I change my answer to yes!
An chéad stad eile Stáisiún Uí Chonghaile....

lrali
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Post by lrali » Sun Jul 29, 2007 12:47 am

So I take that there are no restrictions on whether the child is born before or after 1981 and also it doesn't matter that the child is born outside the UK and long as the father got the british citizenship before the child is born then the child can come to the UK even though if he is over 18 years of age? Am I right?

Thanks.

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Post by Dawie » Sun Jul 29, 2007 12:55 am

Is doesn't matter where or when in the world your son was born. Any child born to a male British citizen other than by descent (such as by birth or by naturalisation) is automatically a British citizen as well. Because your son was not born in the UK he will be a British citizen by descent.

There is nothing to be concerned about. Any children born to you are automatically British citizens and are fully entitled to apply for a British passport at any British embassy.
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

lrali
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Post by lrali » Sun Jul 29, 2007 1:08 am

Dawie wrote: Any child born to a male British citizen other than by descent (such as by birth or by naturalisation) is automatically a British citizen as well. Because your son was not born in the UK he will be a British citizen by descent.
Dawie - Please can you explain the above a bit more as I am still not clear. I have got my British Citizenship through naturalisation. Also he is over 18 now and no longer dependent on me.

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Post by Dawie » Sun Jul 29, 2007 1:12 am

lrali wrote:
Dawie wrote: Any child born to a male British citizen other than by descent (such as by birth or by naturalisation) is automatically a British citizen as well. Because your son was not born in the UK he will be a British citizen by descent.
Dawie - Please can you explain the above a bit more as I am still not clear. I have got my British Citizenship through naturalisation. Also he is over 18 now and no longer dependent on me.
Well, I can't explain it much clearer than that, I'm afraid. You are a British citizen, you had a child after you got your British citizenship, therefore your child is also a British citizen. Full stop.
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

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Post by lrali » Sun Jul 29, 2007 1:20 am

Thank you for the explanation. So there is no problem of Polygamy here I guess as I haven't told anything to the embassy about my second marriage.

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Post by JAJ » Sun Jul 29, 2007 2:15 am

Dawie wrote: Well, I can't explain it much clearer than that, I'm afraid. You are a British citizen, you had a child after you got your British citizenship, therefore your child is also a British citizen. Full stop.
Not quite, I'm afraid. Because his marriage appears to have been polygamous, his son was likely born "illegitimate" and as such he is not regarded as a "father" for nationality purposes.

And as the child is aged 18+, registration as a British citizen under section 3(1) of the Act is impossible.

The only glimmer of hope is that if he was domiciled in country X when his son was born, and the law of that country provided that his son was legitimately born. Impossible to speculate further without knowing which country it is.

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Post by lrali » Sun Jul 29, 2007 2:52 am

The country in concern is in Bangladesh and it is allowed for muslim to have more than one wives. I officially married to my second wife based on the muslim law but as it was done so long ago, I don't have the marriage certificate anymore.

I wasn't in regular contact with my second wife for over 15 years until recently when my first wife passed away I started to keep in touch with my second family on a regular basis and hence my son was asking me to bring him in the UK based on my naturalisation. It might be possible also to obtain a duplicate marriage certificate however, I am not sure how is the whole situation would be treated by the embassy though!

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Post by SYH » Sun Jul 29, 2007 9:57 am

In the future, do you mind providing the whole story instead of doling it out in a piecemeal fashion. You see how the answer has changed with each detail you provide.
Second, it is pretty clear that you were worried about your polygamy and purposely held it back and since this was the crux of the issue or rather made a difference as to the answer. it would have helped if you had been more straightforward and fessed up to it straightaway.

Playing the forum is pretty rude and sneaky, I hope you don't plan to play the HO too that will only backfire.

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Post by Wanderer » Sun Jul 29, 2007 11:48 am

lrali wrote:Thank you for the explanation. So there is no problem of Polygamy here I guess as I haven't told anything to the embassy about my second marriage.
Oh FFS......
An chéad stad eile Stáisiún Uí Chonghaile....

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Post by Dawie » Sun Jul 29, 2007 2:42 pm

lrali wrote:The country in concern is in Bangladesh and it is allowed for muslim to have more than one wives. I officially married to my second wife based on the muslim law but as it was done so long ago, I don't have the marriage certificate anymore.

I wasn't in regular contact with my second wife for over 15 years until recently when my first wife passed away I started to keep in touch with my second family on a regular basis and hence my son was asking me to bring him in the UK based on my naturalisation. It might be possible also to obtain a duplicate marriage certificate however, I am not sure how is the whole situation would be treated by the embassy though!
Unfortunately in this case your son might not be able to claim British citizenship by decent because British nationality law states that for children born before 1 July 2006 the father has to be legally married to the mother at the time of birth in order to pass on the citizenship.

I say "might" because I'll leave up to you to find out whether or not the British government considers polygemous Muslim marriages to be legal or not.

I suggest you read the following link:

http://www.britishhighcommission.gov.uk ... 9171564665
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

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Post by John » Mon Jul 30, 2007 9:02 am

Dawie, is that actually the case? Isn't it the case that if the parents subsequently marry when the child would become a British Citizen from the date of the parent's marriage?

But here the "child" is already an adult. Would that make any difference?

Just trying to work out that if the couple now enter into a marriage registration acceptable to the British authorities, whether that make the "child" British now?
John

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Post by Dawie » Mon Jul 30, 2007 9:45 am

In this particular case, yes, if the parent's were to get "legally" married now, it would legitimate the "child"'s birth and he would become a British citizen by decent. However this isn't automatic and a special procedure has to be followed.

However, the OP has made no mention of any upcoming subsequent marriage to his "second" wife.
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

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