Advice required - Application as the father of a British child

Hello forum members,

I badly need your advice and any would be appreciated.

I instructed my solicitor to assist in renewing my visa as the father of a British child in October 2018. He did but screwed up by "forgetting" to pay the NHS surchage so, the application was rejected. I reapplied at Croydon with the new system 48 hours after it was rejected and was accepted for processing.

So here is the story behind my application:

I was in a relationship with my Polish partner (who received her indefinite leave to remain in 2016)for close to 3 years and we had a child in April 2018; I was told the child is automatically British due to the status of the mother. Sometime in 2018, the mother tried to abduct him to Poland, which was eventually stopped by the Police; so our relationship broke down and I didnt have access to my son.

I had no choice but to take her to the Family Court. This lasted from June 2018 till 7th June 2019. I was eventually grabted full contact right to my son, with the order clearly stating I must see him twice a week; once during the week and once on weekend, with a video call once a week.

My solicitor sent this order to the Home Office in mid June but since then, I havent heard anything from the Home Office.

I am been receiving conflicting information in terms of whether the HO will require his passport in order to approve my visa. Some say the HO will not need it as they can ascertain my son`s nationality from his Birth Cetificate which has his mother`s nationality and my nationality and DOB on it. Others say the HO might need it - I am in a bit of a conundrum here, as the mother will not apply for the passport as she is hell bent on frustrating my application and clearly states she will not apply for it as it will aid my visa approval.

My worry is building up everyday as the Court order was sent in mid June and till date I havent heard anything from the HO. The HO has instructed my employer to allow me work till 12th September after which I might be unable to work.

My question is:

- In your opinion, will the HO require my son`s Passport despite the court order clearly stating the frequency of seeing him; 2ce a week? And the fact they can see from the court notes that the relationship between the mum and I have clearly broken down?
- Can they tell if he`s British from his parents information on his BC?
- Any suggesstion as to why it has now taken almost 6 weeks since they received the court order and no deicision has been made?
- Is there any cause for worry?

Looking forward to hearing from you all.

Thanks and regards.

Hi,

Anyone want to make a comment on this please?

@bianworld, i dont think the home office will need a passport to ascertain the nationality of your child ,they run a system that every child born and registered ( with birt cert) goes into their system but having a passport could be a plus but that should not affect you anyway. Speak to a solicitor for more step)s) to take. All the best.

bianworld wrote: ↑

Mon Aug 12, 2019 6:02 pm

Hi,

Anyone want to make a comment on this please?

How are you proving the child is British? If his mother is listed as Polish, and you aren't listed as British, how is the IO meant to ascertain that the child is British. The most straightforward proof of a child's citizenship is a passport, as where the child was born does not always confer citizenship directly (being born in the UK does not automatically make you British).

physicskate wrote: ↑

Sun Aug 18, 2019 11:40 am

bianworld wrote: ↑

Mon Aug 12, 2019 6:02 pm

Hi,

Anyone want to make a comment on this please?

How are you proving the child is British? If his mother is listed as Polish, and you aren't listed as British, how is the IO meant to ascertain that the child is British. The most straightforward proof of a child's citizenship is a passport, as where the child was born does not always confer citizenship directly (being born in the UK does not automatically make you British).

The OP has clearly stated child was born after Polish mother got ILR/PR.

I was in a relationship with my Polish partner (who received her indefinite leave to remain in 2016)for close to 3 years and we had a child in April 2018; I was told the child is automatically British due to the status of the mother.

Hi. I think they do not need to see passport because it might prove by court order that he is British.
Don't worry about it

CR001 wrote: ↑

Sun Aug 18, 2019 1:26 pm

The OP has clearly stated child was born after Polish mother got ILR/PR.

Right, but is that clear on a birth certificate that the mother holds PR? I do not for one second doubt the child is British, but wonder if it is clear from the birth certificate alone (showing the child was born in the UK to a Polish mother).

physicskate wrote: ↑

Sun Aug 18, 2019 8:07 pm

CR001 wrote: ↑

Sun Aug 18, 2019 1:26 pm

The OP has clearly stated child was born after Polish mother got ILR/PR.

Right, but is that clear on a birth certificate that the mother holds PR? I do not for one second doubt the child is British, but wonder if it is clear from the birth certificate alone (showing the child was born in the UK to a Polish mother).

The birth cert would only state nationality, not immigration status.

Thanks all.

I got it approved and the Passport wasn't requested. Thanks for all the comments.

Regards.