Q re getting married to EU citizen and baby born in UK

[Ozmike]

Hi All

I have a few quick questions if people could help out.

I'm an Australian working in the UK on a 5 year working visa.
My partner is a Polish girl who has lived in London for over 10 years.
We have a son who was born last year in London.
We are due to be married in April next year.

My questions are as follows:

1) When Liam was born, we were told that he wasn't a British citizen as neither of his parents were British Citizens. Is this correct? He currently holds a Polish passport and we are going through the processes of his Australian Citizenship.

2) When I get married to my partner, will I have the right to stay in the country indefinately or will I have to change my visa to a spousal one? What would my options be?

3) We are due to be married in April. Do I need to apply for a Certificate of Approval? Do you know how long this usually takes? Once obtained, am I then alright to get married?

Any help would be appreciated.

Thanks

[sakura]

Hi All

I have a few quick questions if people could help out.

I'm an Australian working in the UK on a 5 year working visa.
My partner is a Polish girl who has lived in London for over 10 years.
We have a son who was born last year in London.
We are due to be married in April next year.

My questions are as follows:

1) When Liam was born, we were told that he wasn't a British citizen as neither of his parents were British Citizens. Is this correct? He currently holds a Polish passport and we are going through the processes of his Australian Citizenship.

2) When I get married to my partner, will I have the right to stay in the country indefinately or will I have to change my visa to a spousal one? What would my options be?

3) We are due to be married in April. Do I need to apply for a Certificate of Approval? Do you know how long this usually takes? Once obtained, am I then alright to get married?

Any help would be appreciated.

Thanks

1. That's not exactly correct; did you apply for a British passport for him and were refused? Does your fiancée have permanent residency? What visa was she on before Poland joind the EU in 2004? Did she apply for the WRS once Poland joined the EU? Your son might not be a citizen now, but will be if/once you or his mother obtains permanent residency.
2. You will not be given automatic permament residency simply by virtue of being married; you would need to obtain a new visa, either a spouse visa (UK route) or a residence card for a family member of an EU national (EU route). Your options really depend on whether your fiancee has ILR/PR already. Use the search function to find out more about the EEA residence card.
3. Yes. If I were you, I would read up on it now and start getting the documents ready, so as to avoid any delays.

[thsths]

2. You will not be given automatic permament residency simply by virtue of being married; you would need to obtain a new visa, either a spouse visa (UK route) or a residence card for a family member of an EU national (EU route).

Actually the status under European law is acquired automatically, without an application. This is unlike the UK law, where the visa is essential.

Of course from a practical perspective, things are not quite so easy, and you will have a hard time using your rights until you have an EEA Residence Card.

The UK route is more difficult, but it may be more attractive. Assuming your wife gets PR at the beginning of 2009, you would be able to apply for a spouse visa, leading to British citizenship within 3 years (as opposed to 6 under European law). But check the proposed changes to the nationality law - big changes may be coming soon.

[JAJ]

1) When Liam was born, we were told that he wasn't a British citizen as neither of his parents were British Citizens. Is this correct?

If your partner has been granted Indefinite Leave to Remain, then he is a British citizen.

If she has been in Britain since 1997-98 then I would have thought she would have obtained ILR before 2004. Please confirm her status and immigration history.

Otherwise, she ought to get Permanent Residence in May 2009 under EU rules, your son should then be eligible for registration as a British citizen.

[sakura]

2. You will not be given automatic permament residency simply by virtue of being married; you would need to obtain a new visa, either a spouse visa (UK route) or a residence card for a family member of an EU national (EU route).

Actually the status under European law is acquired automatically, without an application. This is unlike the UK law, where the visa is essential.

Of course from a practical perspective, things are not quite so easy, and you will have a hard time using your rights until you have an EEA Residence Card.

The UK route is more difficult, but it may be more attractive. Assuming your wife gets PR at the beginning of 2009, you would be able to apply for a spouse visa, leading to British citizenship within 3 years (as opposed to 6 under European law). But check the proposed changes to the nationality law - big changes may be coming soon.

What I meant is that you would not be given permanent residency in the UK just because you have married an EU citizen. You obtain PR after five years.

Actually, I have read in the directorate that it is a requirement to apply for a residence card (or at least it mentions it as something you should do), if you are planning to stay in the country for more than three months, so which is it?