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Good character enquiry and a love affair

Posted: Wed Nov 28, 2018 10:44 pm
by SSon
Hi there,

An enquiry for my friend please, as per his request.

My friend and his family are on ILR. They have 2 children under 16.

He told me the other day that he has a love affair with a non-British woman that lives in another country and she is pregnant now. He said he doesn't mind having a baby as that woman is apparently his childhood love and they used to hove relations in the days long gone, etc, etc. He, however, said he doesn't want to divorce either as doesn't want to lose his family. As far as I understood that woman is divorced but has kids too.

So my friend was asking if I know if his naturalisation can be refused on the grounds of good character if HO will find out that he has a baby in other country whilst being married and committed an adultery?

Do you know if HO can refuse his naturalisation based on this please? Thanks.

Re: Good character enquiry and a love affair

Posted: Wed Nov 28, 2018 10:46 pm
by Obie
No he will be fine.

Having an extra marital affair is a poor moral choice, it is not a criminal offense, it does not affect citizenship, provided the lady was not under age.

Re: Good character enquiry and a love affair

Posted: Wed Nov 28, 2018 11:19 pm
by secret.simon
Be aware that if he is on ILR and not a British citizen when the child is born, the child will have no claim to British citizenship (as it is mentioned that the mother is not in the UK).

As Obie has mentioned, adultery is not a crime and has no impact on the good behaviour requirements.

Re: Good character enquiry and a love affair

Posted: Wed Nov 28, 2018 11:56 pm
by SSon
Thanks a lot All!

I also agree that this is not very good morale-wise but everyone has their own private life at the end of the day.

I advised him this, he said that lady is 35 so not underage. He asked to ask 2 more questions, please:

1. He said he is going to recognise the paternity of that child. Does he need to mention this in his naturalisation application or not as that child is not "official" child, from his current marriage?
2. He said that the child should born before he will apply for naturalisation, so once he will become a British citizen will he be able to bring that child to the UK (not register as a British but bring) or still not as her mother is a non-British and does not live in the UK?

Thanks a lot!

Re: Good character enquiry and a love affair

Posted: Thu Nov 29, 2018 3:34 am
by secret.simon
SSon wrote:
Wed Nov 28, 2018 11:56 pm
2. He said that the child should born before he will apply for naturalisation, so once he will become a British citizen will he be able to bring that child to the UK (not register as a British but bring) or still not as her mother is a non-British and does not live in the UK?
Not without the mother, unless the mother assigns him sole responsibility.

And he can't sponsor the mother if he already has sponsored a spouse or other durable partner to the UK.

Re: Good character enquiry and a love affair

Posted: Sun Dec 02, 2018 11:52 am
by SSon
Thanks a lot for your help, All! I advised him about this.