Right of residence

[PAK4]

Hi, I’m married and have a spouse here in UK. At the same time I’m going to have a child with another lady who appears to be have no right to live in UK.
Im wondering what would be the status of my child from that that lady after born and will that has to leave the country?

Any advice would be helpful

[secret.simon]

What is your legal status in the UK?

[CR001]

What is your legal status in the UK?

viewtopic.php?p=2112773#p2112773

[PAK4]

I have a ILR.

[secret.simon]

If you have ILR on the day the child is born AND
the child is born in the UK AND
you're named as father on the child's birth certificate,

then the child would be born a British citizen otherwise than by descent and can apply directly for a British passport.

The mother should be able to apply to remain in the UK based on being a parent of a British citizen and will be on a 10 year pathway to ILR.

[CR001]

Is the lady married to another man?? Because if she is, it becomes a bit more complicated.

[secret.simon]

Excellent catch, CR001, and indeed, I will own that I dropped the ball on this detail.

@PAK4, if the mother of the child is married to another person, that other person will be the father of the child for the purposes of nationality law and the child will not derive any benefit from having you named as father on the birth certificate. The child will not acquire any British citizenship because you are its natural father.

On the other hand, you will be responsible for its welfare and any financial child benefits that the child and its mother can depend on you for.

So, is the mother of the child in a marriage (it is irrelevant whether the marriage is in the UK or abroad and whether they are legally separated or not) at the moment?