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My friend married an EU national and obtained pre settled status, his marriage went through a rocky patch and he had a child with non EU lady. He managed to reconcile with his EU wife and applied for pre settled status for the new baby.
They applied for the baby as a step child of the EU wife who had now acquired settled status. The decision they received back was that the baby is entitled to British citizenship.

Is this actually possible? The decision also said no appeal rights and no AR against the decision.

naija99 wrote: ↑

Sun Dec 15, 2024 10:35 pm

The decision they received back was that the baby is entitled to British citizenship.

What was the application?
What did the decision say exactly, with regards to British citizenship?

Application was for pre settled status as a non eea family member, made within 3 months of being born.



it said from the information they hold it appears that you hold british citizenship because you were born in the uk after 1 July 2006 and one of your parents were settled or british

What is your friend's immigration status?

My friend is a non EEA national. He obtained pre settled status through his marriage to an EU national

Did the EU wife had settled status at birth of the child? Did she adopt the child?

One thing you didn't mention is the nationality and status of the woman that is the mother of the baby, whether she was married and if married the status and nationality of her husband. All of those could be factors giving British nationality to the child.

There are some quirky rules under nationality and immigration rules and not all are consistent and some can give advantages. In the scenario described there are potentially two parents and one possibly two step parents.

Assuming but not stated that the friend is listed as the father on the birth certificate. Again if not or no father listed that could be another factor.

For the purposes of British citizenship, step-parents don't matter.

What matters is the citizenship and immigration status of both parents at the time of the birth of the child.

The definition of the mother is straightforward. However note that the definition of the father of the child is more complicated.

Section 50 (Interpretation) of the British Nationality Act 1981 wrote:(9)For the purposes of this Act a child’s mother is the woman who gives birth to the child.

(9A)For the purposes of this Act a child’s father is—

(a)the husband or male civil partner, at the time of the child’s birth, of the woman who gives birth to the child, or

(b)where a person is treated as the father of the child under section 28 of the Human Fertilisation and Embryology Act 1990 or section 35 or 36 of the Human Fertilisation and Embryology Act 2008, that person, or

(ba)where a person is treated as a parent of the child under section 42 or 43 of the Human Fertilisation and Embryology Act 2008, that person, or

(c)where none of paragraphs (a) to (ba) applies, a person who satisfies prescribed requirements as to proof of paternity.

So the first question is, was the non-EU mother of the child married to anybody at the time of the birth of the child? If so, that man is the father of the child for the purpose of the British Nationality Act 1981, regardless of the birth certificate or the actual parentage of the child.

Secondly, unless one of the parents of the child (who are defined in Sections 9 & 9A above) are either British citizens or settled in the UK, the child is not a British citizen. Step-parentage does not matter or count.

The Home Office has erred in stating that the child is a British citizen due to its step-parent being settled (unless the step-parent has legally adopted the child).