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ILR and marriage problems and a son
Posted: Sat Nov 16, 2019 12:54 pm
by cheekyvirgin
I need advice for my friend who she was married to a British citizen and left UK to Morocco in may 2018 when she had ILR.
She has a baby boy who is nearly one years old and born in Morocco. They both couple have some marriage problems hence didn’t live togather since May 2018 and man also refused to see his son when he was born. SHe is filing a divorce soon.
Question i need to ask;
1. Is there any issue she is applying for the NATURALISATION she is coming next month ?
2. What is the status of her son nationality ? Because her father is British and he don’t Want to know anything about them.
Please advice
Thanks
Re: ILR and marriage problems and a son
Posted: Sat Nov 16, 2019 1:07 pm
by CR001
She won't qualify for citizenship as she has likely exceeded the absence limit in the last 5 years if she has been out of the UK since May 2018.
A child born abroad to a British citizen father is British by descent.
Re: ILR and marriage problems and a son
Posted: Sat Nov 16, 2019 1:13 pm
by Casa
cheekyvirgin wrote: ↑Sat Nov 16, 2019 12:54 pm
I need advice for my friend who she was married to a British citizen and left UK to Morocco in may 2018 when she had ILR.
She has a baby boy who is nearly one years old and born in Morocco. They both couple have some marriage problems hence didn’t live togather since May 2018 and man also refused to see his son when he was born. SHe is filing a divorce soon.
Question i need to ask;
1. Is there any issue she is applying for the NATURALISATION she is coming next month ?
Your friend won't qualify for British citizenship as she will be unable to meet the minimum absence limit due to leaving the UK in 2018.
2. What is the status of her son nationality ? Because her father is British and he don’t Want to know anything about them.
The child holds British nationality through the father, but without his co-operation an application for a British passport will be difficult as proof of his nationality at the time of his son's birth will be required.
Please advice
Thanks
Also, note that ILR is lost after spending 2 years outside of the UK.
Edit@ beaten by CR001 due to my slow editing.
Re: ILR and marriage problems and a son
Posted: Sat Nov 16, 2019 1:37 pm
by cheekyvirgin
CR001 wrote: ↑Sat Nov 16, 2019 1:07 pm
She won't qualify for citizenship as she has likely exceeded the absence limit in the last 5 years if she has been out of the UK since May 2018.
A child born abroad to a British citizen father is British by descent.
Thanks for your reply.
Is that not 2 years absence which disqualify the citizenship ?
Also what can be done incase of her child as his father not willing to provide any document or any thing. For example he will not provide his passport number etc but she can prove the marriage and all the documents for the hospital appointments and anything related to marriage.
Please advice
Re: ILR and marriage problems and a son
Posted: Sat Nov 16, 2019 1:41 pm
by CR001
Is that not 2 years absence which disqualify the citizenship ?
No. You are confusing the loss of ILR due to 2 years absence.
Also what can be done incase of her child as his father not willing to provide any document or any thing. For example he will not provide his passport number etc but she can prove the marriage and all the documents for the hospital appointments and anything related to marriage.
She needs some evidence of the father citizenship.
Re: ILR and marriage problems and a son
Posted: Sat Nov 16, 2019 1:45 pm
by cheekyvirgin
CR001 wrote: ↑Sat Nov 16, 2019 1:41 pm
Is that not 2 years absence which disqualify the citizenship ?
No. You are confusing the loss of ILR due to 2 years absence.
Also what can be done incase of her child as his father not willing to provide any document or any thing. For example he will not provide his passport number etc but she can prove the marriage and all the documents for the hospital appointments and anything related to marriage.
She needs some evidence of the father citizenship.
How long she is not supposed to be out from the country ? Is that 90 days a year ?
She has copy of her husband passport but wondering if his consent is necessary to apply for her son citizenship?
Thanks
Re: ILR and marriage problems and a son
Posted: Sat Nov 16, 2019 1:55 pm
by CR001
How long she is not supposed to be out from the country ? Is that 90 days a year ?
To retain her ilr, she cannot be absent for 2 years or more, otherwise she loses it. The rules for citizenship are completely separate and different. For an application based on 5 years residence, no more than 450 days in the whole 5 years and no more than 90 days in the last 12 months.
She has copy of her husband passport but wondering if his consent is necessary to apply for her son citizenship?
She is not applying for the child's citizenship. She applies for a passport directly if the child was born to a British father (assuming the father was British at the time of childs birth).
Re: ILR and marriage problems and a son
Posted: Sat Nov 16, 2019 3:51 pm
by cheekyvirgin
She is not applying for the child's citizenship. She applies for a passport directly if the child was born to a British father (assuming the father was British at the time of childs birth).
Where do she stand if her husband not willing to consent or apply on his son behalf! How can she apply for the passport ? She has his passport details / proof of marriage and other things. His father is British by birth.
Please advice the way forward in this scenario.
Thanks
Re: ILR and marriage problems and a son
Posted: Sun Nov 17, 2019 10:00 am
by vaza
You seem to know what documents are required. Have you or your friend read the passport application guidance notes? Also if your friend tries the online application, she will get a list of required documents. If she is unsure she doesn't submit the application but then dummy run will bring some clarity.
If there is an issue with a document she can explain why she can't provide it. Also, the child is British (by descent) and should be allowed to come home.