Father with ILR applying to register baby as British

[majorevent]

Hi all,

I got ILR in June 2012, a few months after my son was born, and I'm looking to register him as a British citizen.

My understanding is that, from the time the law changed on 1st July 2006, I can do this as a father even if I'm not marred to my partner (my son's mother). She is on a tier 1 visa

I'm hitting a glitch with the Nationality Checking Service providers here in Scotland who are insisting that I produce marriage certificate as part of the documents required?

Any pointers would be much-appreciated

[Glc]

Yes, you're right.

If the child was born in the UK before one parent had ILR/PR, then once one parent is granted ILR, the child is entitled to be registered as British citizen under section 1(3) of the British Nationality Act irrespective of their immigration status.

This application is an entitlement and as such the HO has no discretion in the decision if the statutory requirements are met. The application can be made any time before the child is 18. You just need to submit your child's full UK birth certificate (with your name on it as the father) and evidence that you have obtained ILR. A marriage certificate is required only if your child is born before July 2006.

Below is another link that you may find useful:

http://www.ukba.homeoffice.gov.uk/briti ... /borninuk/

[majorevent]

Many thanks for this Glc, much-appreciated

Now, let's see if I can convince the councils over here that this is the case so they can give me an appointment!

Best,

[Jambo]

Ask them to call the HO if they are not convinced!

The actual piece of legislations is:

- Legitimacy of child - 9 (1) (9A)

- The British Nationality (Proof of Paternity) Regulations 2006 - regulation 2

[majorevent]

Fantastic,

Thanks Jambo

Will update in due course

[aubajwa]

Fantastic,



Thanks Jambo



Will update in due course

Hello Major,

Were u able to convince council?
Is marriage certificate a mandatory requirement for kids born after July, 2006

Regards,
AUB

[Casa]

This thread is over 3 years old! It's doubtful whether the member will still be logging-in.

[secret.simon]

There have been changes recently in September 2015, which seems to mean that DNA proof is required if the parents are not married.

See also http://www.immigrationboards.com/britis ... 96946.html.