Immigrationboards.com

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.

Where was the child born?

Child was born in the UK.

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.

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?

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.

Great!

Thanks a bunch, really appreciate your feedback.