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Not divorced and pregnant from another man

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Beausoleil
Newly Registered
Posts: 9
Joined: Mon Jan 14, 2019 6:53 pm
Senegal

Not divorced and pregnant from another man

Post by Beausoleil » Sun Aug 25, 2019 11:40 am

Hello
I really need advice. Was forced to marry a cousin of mine 2years ago. He is eea citizen . I got my resident card last january. We now separated as we can t cope together.. he lives with friends but continues to use my adress for his letters.. We haven t sign for divorce yet.
I have started seeing my ex boyfriend that i really love.
I found out that i am couple of weeks pregnant and i want to keep the baby.

Can t i put the father s name on the birth certificate without risking my retained rights once i get divorced to my husband?

I have been told that my marriage has to be 3years before filling for divorce. In may it will be 3years. And i am due April.

Will my baby be legal if i don't mention daddy s name ? Knowing that his dad doesn't live in this country ?

I am soooo confuse and stressed at the same.
I desperately need advice.

secret.simon
Moderator
Posts: 11475
Joined: Thu Feb 21, 2013 9:29 pm

Re: Not divorced and pregnant from another man

Post by secret.simon » Sun Aug 25, 2019 12:35 pm

To the best of my knowledge (but wait for others advice), having the name of your baby's father on the birth certificate would have no impact on your right to retain residence, provided that the divorce proceedings start after three years of marriage.

The information that you put on the birth certificate will of course impact the child throughout his life (by, for instance, affecting the citizenships that s/he can claim). So you should think very carefully about leaving any information out.

Keep in mind that you won't be able to sponsor your boyfriend to come to the UK until you get settled status, and even then it will be under the much tougher UK Immigration Rules.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Beausoleil
Newly Registered
Posts: 9
Joined: Mon Jan 14, 2019 6:53 pm
Senegal

Re: Not divorced and pregnant from another man

Post by Beausoleil » Sun Aug 25, 2019 12:43 pm

Thanks for your reply..

If i leave the name of the father blank what status will my baby have?

Boyfriend doesn't want to settle in the UK as he has a business back home . He does come here from time to time to visit friends on a Tourist Visa but thats it.

secret.simon
Moderator
Posts: 11475
Joined: Thu Feb 21, 2013 9:29 pm

Re: Not divorced and pregnant from another man

Post by secret.simon » Sun Aug 25, 2019 12:57 pm

Beausoleil wrote:
Sun Aug 25, 2019 12:43 pm
If i leave the name of the father blank what status will my baby have?
What are your nationalities?

While you are still married to your EEA husband, your baby will of course have the right to reside in the UK as the child of the spouse of an EEA citizen. I am not entirely sure whether such a child can retain the right of residence in the UK after your divorce.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Beausoleil
Newly Registered
Posts: 9
Joined: Mon Jan 14, 2019 6:53 pm
Senegal

Re: Not divorced and pregnant from another man

Post by Beausoleil » Sun Aug 25, 2019 1:03 pm

Thanks soo much Simon for your time . I am from North Africa

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