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Jigarthanda wrote: ↑

Mon Mar 10, 2025 5:35 pm

Hello admins,

Advice needed on our situation and am sorry if am creating a new post inspite of the same questions already answered by expert team.

I am an Indian passport holder living in the UK (on skilled worker visa valid until December 2025. I might get ILR next month if I could satisfy the new rules, but it is not guaranteed). My partner is a British Citizen by naturalisation and I am not married to him. I am going to have a baby in June 2025 (Biological father is my above mentioned partner).
I was married to someone else in India in 2019 and he came to the UK as my dependent in 2020. We got separated in 2023 and I emailed UKVI about the 'marriage breakdown'. I have not been in any contact with him since then. Divorce process is in progress with HMCTS but it might not get completed before the baby's birth. Thinking about my unborn baby to get British citizenship I have the below questions:

1. If we plan to have the baby born in India would that make the baby not get British citizenship? (as I don't have ILR yet and worst case scenario if I don't get ILR till the baby's birth time). Also, in the same situation is there any big advantage of having the baby born in the UK rather than India?
Child would not be British by birth unless you have ILR and give birth here.

2. Will my separation with my ex-husband be considered as an official separation or will I still be considered as "married to someone else" (my ex-husband)?
Until the divorce is final you are still married to your husband.

3. Would a DNA report suffice proving my current partner as the baby's biological father for nationality purposes and be used for the baby's citizenship application? If yes, would a DNA test taken in India be valid or we have to mandatorily take the test in the UK? Not sure how it works for unmarried British father of a child while the mother is still married to someone else. My guess is if your current partner is British and his name is on the birth certificate that should be enough. However other members may be able to advise further.

Thank you for your time and help.