ILLEGITIMATE CHILD CASE - MODERATORS TO HELP

[keshgrover]

Dear Moderators and Members,

I got a case of my uncle's illegitimate child to discuss. My uncle has been married to EEA national for more then six years and have no child from her. He was given PR this month under EU directive.

However, he had a secret relationship with one of his tenants and has a baby boy from her who is nearly 2 and half years old now. She is on student visa and is from Pakistan. My uncle's wife has just findout about his relationship with another women and she have filed divorce. My uncle may get marry with his secret GF after he finishes his divorce procedures.

Now, the questions he have fired on me and I am putting on this board are :

1) Can his secret child be registered as british as he is the natural father and has PR status now? Even he is not married to this girl yet and she is still on student visa?
2) If he can, then how that would work?
3) What forms are needed to be filled?
4) Child's mother is the one who registered the child at registrar's office and father's name was not added on that time but he have spoken to registrar's office and they have confirmed that he can put his name on child's birth certificate at any time. Would this effect child's application for BC.
4) And at last when can he apply for for COA to get marry with his GF as her visa is running out in November this year and his divorce proceedings have just started?

I know it is a little bit disgrace full to cheat on your wife but it has appened to him and it is a practicle situation. Where a little baby has got stucked because of his parents wrong doings. I can just put my humble request to all of you to comeout with your experiences and knowledge to help the child.

This forum have helped me a lot in my case in past and I had my case done withing 6 months with HO. So guys and gals please come forword to help this innocent child with your knowledge.

[vinny]

Immediately after the child's "father" has attained PR, the child is entitled to register for British citizenship.

[keshgrover]

Immediately after the child's "father" has attained PR, the child is entitled to register for British citizenship.

Thanks Vinny for the link it was really helpfull. Could you kindly put some light on child's mother situation as well please. I mean when can she apply for COA to get marry with my uncle. During the divorce process or after?

Kind Regards

[Obie]

She can apply, when uncle has receive his Decree Absolute.

Evidence of that will be required in support of a COA application.

[keshgrover]

She can apply, when uncle has receive his Decree Absolute.

Evidence of that will be required in support of a COA application.

Thanks Obie. That is helpfull.

[John]

Child's mother is the one who registered the child at registrar's office and father's name was not added on that time but he have spoken to registrar's office and they have confirmed that he can put his name on child's birth certificate at any time. Would this effect child's application for BC.

It would make sense to get this done, the get the father's name put on to the child's birth certificate, before the application to Register the child as British is made.

[keshgrover]

Child's mother is the one who registered the child at registrar's office and father's name was not added on that time but he have spoken to registrar's office and they have confirmed that he can put his name on child's birth certificate at any time. Would this effect child's application for BC.

It would make sense to get this done, the get the father's name put on to the child's birth certificate, before the application to Register the child as British is made.

Thanks John, Is there any way that mother can apply COA before my uncle's divorce finishes. I mean after Decree Nisi.

[John]

I'm not sure there is.

Is there a problem? A rush? When does the current student visa expire?

[keshgrover]

I'm not sure there is.

Is there a problem? A rush? When does the current student visa expire?

November this year.

[Obie]

Section 7 documentation to support application, request evidence to be provided to establish the partners are free to marry, if either or both have been married before.

I don't think decree nisi will suffice for this purpose.

It will be interesting to know, if this requirement is legit.

[John]

The problem is that having the Decree Nisi is not necessarily a guarantee about when the Decree Absolute will be issued. We are told that the Uncle's wife is the Petitioner in the divorce proceedings, and thus it is her who will have the first right to apply for the Absolute. That is, assuming there are no outstanding matters, the wife could apply for the Absolute 6 weeks after the Nisi was issued. However she cannot be forced to make that application, and it is only 3 months later that the Respondent, the Uncle here, will be able to apply for the Absolute ..... 4.5 months after the Nisi!

Also note that if there are outstanding ancillary matters, a Judge might made an Order stopping anyone applying for the Absolute until such matters are dealt with. For someone I know that meant that it was over a year between the Nisi and the Absolute!

Given a CoA, when issued, is only valid for 3 months, I am not surprised if UKBA insist upon the Absolute having been issued, before the CoA is issued.

[keshgrover]

The problem is that having the Decree Nisi is not necessarily a guarantee about when the Decree Absolute will be issued. We are told that the Uncle's wife is the Petitioner in the divorce proceedings, and thus it is her who will have the first right to apply for the Absolute. That is, assuming there are no outstanding matters, the wife could apply for the Absolute 6 weeks after the Nisi was issued. However she cannot be forced to make that application, and it is only 3 months later that the Respondent, the Uncle here, will be able to apply for the Absolute ..... 4.5 months after the Nisi!

Also note that if there are outstanding ancillary matters, a Judge might made an Order stopping anyone applying for the Absolute until such matters are dealt with. For someone I know that meant that it was over a year between the Nisi and the Absolute!

Given a CoA, when issued, is only valid for 3 months, I am not surprised if UKBA insist upon the Absolute having been issued, before the CoA is issued.

John, their argument heated up initially but they both agreed to co-operate with each other. She has even agreed to provide a copy of Decree absolute once done. No demands in both of them and no disagreements. Little bit shock but I can not work out how he explained her his relationship and made her to agree on most terms.

John, please let me know if you think there is any other wayout.

[John]

The application is quite clear :-

Evidence that your fiancé(e) or proposed civil partner is free to marry or enter into a civil partnership if your fiancé(e) or proposed civil partner has been married or in a civil partnership before. If you are providing divorce certificate(s) or other evidence in a language other than English, you must provide certified translations, together with the original document(s).

-: and of course I didn't make the rules! But the rules are quite clear.

Has the Divorce Petition already been filed in Court? If so, when? Any idea when the Nisi might be issued?

[keshgrover]

Immediately after the child's "father" has attained PR, the child is entitled to register for British citizenship.

Vinny, Sorry for being pain but under what section child will be registered as british? Is it section 1(3) or 3(1). As mother is still on student visa and father is settled (PR). And they are not married yet.

[vinny]

Section 1(3) applications - children born in the United Kingdom to parents who are now settled in the United Kingdom

If the child's parents become settled in the United Kingdom or become British citizens, the child will have an entitlement to register as a British citizen. This registration would be under section 1(3) of the British Nationality Act 1981.

baby boy from her who is nearly 2 and half years old now

he have spoken to registrar's office and they have confirmed that he can put his name on child's birth certificate at any time.

If his child was born on or after 1 July 2006, then he should be recognised as his child's parent, provided he is named on his child's Birth certificate, etc.