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Child born before British Citizenship

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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A5h
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South Africa

Child born before British Citizenship

Post by A5h » Wed Nov 14, 2018 7:50 am

Hello,

Brief background (I appreciate this is not a straight-forward case), but will try to explain the best i can, here we go...;

1. Our child was born in 2010 when both me and my fiancee were on limited leave to remain visas (Tier 2 General)

2. A few years later i got naturalised and became a British citizen.

3. Meanwhile in 2014 my fiancee decided to move to Dublin, Ireland after we broke up, taking our child with her.

4. She initially moved there on a student visa.

5. I recently found out she was unable to renew her visa and she is still there as an over-stayer.

6. This means that our child's immigration status is also in limbo

Now to the big question;
I need to get our child's immigration status sorted out as a matter of urgency but not sure what would be the best option for me to take?

1. Registar child as british citizen using his birth certificate?

2. Apply a child visa a dependent of a british citizen?

Im not really sure how the Home Office would view the fact that he is in Ireland out of status.

Thanks in advance for any steer or guidance on this.

secret.simon
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Re: Child born before British Citizenship

Post by secret.simon » Wed Nov 14, 2018 7:56 am

Where was the child born?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

A5h
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Posts: 5
Joined: Wed Nov 14, 2018 7:06 am
South Africa

Re: Child born before British Citizenship

Post by A5h » Wed Nov 14, 2018 12:03 pm

Child was born in the UK.

secret.simon
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Re: Child born before British Citizenship

Post by secret.simon » Thu Nov 15, 2018 3:53 am

If the child was born in the UK, s/he has an entitlement (i.e. cannot be refused) to be registered as a British citizen if s/he applies before the age of 18 and if one of the parents has ILR/PR in the UK. I suggest that you apply as soon as possible for the child, so that the mother can apply to remain in Ireland as the parent of an EEA citizen in Ireland (Chen derivative rights) before March 29.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

A5h
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Joined: Wed Nov 14, 2018 7:06 am
South Africa

Re: Child born before British Citizenship

Post by A5h » Thu Nov 15, 2018 10:01 pm

Thanks.

So just to confirm, child does not have to be physically present in the UK at the start or during the process of registration for BC?

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CR001
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Re: Child born before British Citizenship

Post by CR001 » Fri Nov 16, 2018 9:49 am

A5h wrote:
Thu Nov 15, 2018 10:01 pm
Thanks.

So just to confirm, child does not have to be physically present in the UK at the start or during the process of registration for BC?
No.
Char (CR001 not Casa)
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A5h
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Joined: Wed Nov 14, 2018 7:06 am
South Africa

Re: Child born before British Citizenship

Post by A5h » Fri Nov 16, 2018 8:25 pm

Great!

Thanks a bunch, really appreciate your feedback.

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