British registration for Child born in UK but no Visa.

[claraluh]

Hi Guys, I'm enquiring for a friend whose child was born in the UK but due to divorce the mother didn't allow the father to request a pre-settled status to their son.

-The boy has lived in the UK until he was 14, but has lived the last couple of years abroad.
- he's now 17 and returning to the UK. Father is living in the UK and has Settled Status.
- As the boy was born in the UK, is he allowed to register as a British Citizen now that father holds Settled status?

Thank you all.

[contorted_svy]

The boy will need the mothers' consent to apply for registration until he is a minor unless the father has sole custody ordered by the court. Does the boy have pre-settled status now?

[claraluh]

The boy will need the mothers' consent to apply for registration until he is a minor unless the father has sole custody ordered by the court. Does the boy have pre-settled status now?

He has the mother's consent now but doesn't have a pre-settled status.

[contorted_svy]

The child can be registered as British. What is the mother's immigration status?

Review the following (from https://www.gov.uk/government/publicati ... -in-the-uk)

Requirements for registration under section 1(3)
Children are entitled to registration under section 1(3) of the British Nationality Act 1981 if:

they were born in the UK
they were not British citizens at birth because at the time neither parent was a British citizen or settled
while they are minors either of the parents has since become a British citizen or settled in the UK
they are under the age of 18 on the date the application is received
they are of good character if over the age of 10
Registration under section 1(3) gives British citizenship otherwise than by descent.

Evidence required under section 1(3)
Applications under section 1(3) must be supported by the following evidence, if relevant:

child’s full birth certificate showing birth in the UK, parents’ details and registration in the 12 month period following birth
evidence of parent’s British citizenship since the applicant’s birth, such as:
a British passport
a naturalisation certificate
a registration certificate
evidence of parent’s settled status since the applicant’s birth, such as one of the following:
an indefinite leave to remain (ILR) stamp in a passport
a Home Office letter
a no time limit stamp
a biometric residence permit (BRP) confirming ILR
a unique application number (UAN) confirming the parent has been granted ILR (also known as settled status) under the EU Settlement Scheme
evidence the parent holds a Withdrawal Agreement right to reside in the UK permanently on the basis of qualifying activity for the relevant period
a marriage certificate, if:
the parent on whom the claim is based became a British citizen or settled in the UK after the child was born
the child was born prior to 1 July 2006 to a father who is a British citizen or settled in the UK. (If the child was born before 1 July 2006 and the parents were not married, see the guidance on Children of British Parents

[claraluh]

The child can be registered as British. What is the mother's immigration status?

[/quote]

The mother is not in the UK at the moment and hasn't been for a while, she holds no status under immigration rules. She is resident in Portugal now.

[contorted_svy]

That should be OK. If he is eligible it is worth securing pre-settled status for him too as that is free, just in case the registration application takes a while or is unsuccessful.

[secret.simon]

If the child was born in the UK AND has lived in the UK for the first ten years of their life with absences in each of the first ten years of their life in the UK not exceeding 90 days per year, then the child has a lifelong entitlement to register as a British citizen on Form T.

The challenge is normally in proving that child has either never left the UK in the first ten years or proving that the absences in each of the first ten years were less than 90 days.

This is even more complicated if the child was an EU citizen whose passports would not have been stamped.

So I would suggest starting to collect all records of such absences too, such as from old school records, doctor records, etc, if you want to go down that path.