Which way to go?????????????????????????????????????????????

[sarahjane]

Hi. I came to the uk in 2002 on a visitors visa. I had a child with my partner who was on a work permit. I then applied for a dependants visa, and this was granted up till 2008 January. My partner then acquired Irish citizenship, after the birth of our child. The problem I now have is I split up with my partner a year and a half ago and he has since married. Him and I were never married. My mother, sisters and brothers are all settled and living in the UK, and have ILR which they acquired through my mum . I did not make an application at the time as I assumed being over 25 they would have rejected my application. My ex supports his child financially, calls daily and visits often, so leaving the country would disrupt this bond. In addition my whole family is settled in the uk. Also my country of origin is in economic and political meltdown and am surely in no rush to go back! (Zimbabwe) I have not returned anyway since 2002 as my entire family is in the Uk.
Hope someone can help, Im feeling rather vulnerable and anxious.

[JAJ]

Hi. I came to the uk in 2002 on a visitors visa. I had a child with my partner who was on a work permit. I then applied for a dependants visa, and this was granted up till 2008 January. My partner then acquired Irish citizenship, after the birth of our child. The problem I now have is I split up with my partner a year and a half ago and he has since married. Him and I were never married. My mother, sisters and brothers are all settled and living in the UK, and have ILR which they acquired through my mum . I did not make an application at the time as I assumed being over 25 they would have rejected my application. My ex supports his child financially, calls daily and visits often, so leaving the country would disrupt this bond. In addition my whole family is settled in the uk. Also my country of origin is in economic and political meltdown and am surely in no rush to go back! (Zimbabwe) I have not returned anyway since 2002 as my entire family is in the Uk.
Hope someone can help, Im feeling rather vulnerable and anxious.

Where is your ex-partner from? UK, Zimbabwe, Ireland etc?

The first, and most important priority for you is to get British citizenship for your UK-born child.

Fortunately, this seems to be possible because his Irish father is deemed "settled" in the United Kingdom. Accordingly an application for the child to be registered as a British citizen under s3(1) of the British Nationality Act should succeed. See section 9.9 of this (pdf) document:
http://www.ind.homeoffice.gov.uk/docume ... iew=Binary

After you have obtained British citizenship for your child, the next step may be some kind of humanitarian application to remain in the UK.

How did your ex-partner get Irish citizenship? Was he born in Ireland, or did he have an Irish parent - or grandparent?

[sarahjane]

hi
Thank you for the reply. My ex partner obtained his citizenship through a residence permit in Ireland. He worked and lived there for a couple of years. His job involved a lot of travelling. He was in the Uk on a work permit when we acquired our visas.

Do i make the application on behalf of my son or is it my ex partner who has to make the application?
Many thanks

[JAJ]

hi
Thank you for the reply. My ex partner obtained his citizenship through a residence permit in Ireland. He worked and lived there for a couple of years. His job involved a lot of travelling. He was in the Uk on a work permit when we acquired our visas.

Do i make the application on behalf of my son or is it my ex partner who has to make the application?

Either parent can make the application. I presume your ex-partner supports the application, as it will give his son a more secure basis to remain in the United Kingdom.

How long did he live in Ireland? Normally the residence requirement is 5 years for naturalisation. Are you sure he is an Irish citizen - a copy of his Irish naturalisation certificate and Irish passport will be needed to support the application.

There are two sets of policy instructions you need to understand:

1. Firstly, nowhere in the forms or guidance notes will you see any reference to the fact that as an Irish citizen, your ex-partner is "settled" in the UK. However the reference comes from this part of the Nationality Instructions (section 8.5):

8.5 The 2006 Regulations do not affect the position of EEA nationals entitled to remain indefinitely on some other basis, for example because they have been granted indefinite leave to remain under the Immigration Rules, are entitled by virtue of diplomatic status to exemption from UK immigration control or because, as Irish nationals, they benefit under the Common Travel Area provisions. Persons in these categories should continue to be regarded as free from any restriction under the immigration laws on the period for which they may remain.

2. and chapter 9.9 of the Nationality Instructions that explains the policy on registering children of "settled" fathers as British citizens:
http://www.ind.homeoffice.gov.uk/docume ... iew=Binary

You should make reference to these policies in a covering letter.

The application form is MN1 which you can download from:
http://www.ind.homeoffice.gov.uk/applyi ... dguidance/

[sarahjane]

Hi and thank you for your response. Would you recommend I make this application on my own or is it best to use a solicitor?

Sarahjane

[JAJ]

Hi and thank you for your response. Would you recommend I make this application on my own or is it best to use a solicitor?

I would guess that most solicitors know little or nothing about nationality matters, so in that case would not add value.

An immigration lawyer or consultant who does understand nationality issues (anecdotal evidence is that most have little experience in this area) might help.

No-one can tell you whether you should use one or not.

Once your child has British citizenship, an immigration lawyer might be able to add some value with your own application.