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Eligibility to British citizenship

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Amo2012
Member
Posts: 155
Joined: Sat Nov 13, 2010 10:53 am
Contact:
United Kingdom

BC for a Child born abroad

Post by Amo2012 » Tue Feb 22, 2011 2:03 pm

Hi all,

can you please advise me on the below if my son is eligible to apply for BC directly or to apply for the registration:


I was previously married to a UK national woman on: July 2004
Got ILR on the bases of marriage on: October 2006
Divorced islamically(on a paper from Mufti, not registered anywhere) on: November 2006

Married again with a Pakistani National on: 01/04/2007

Child was born outside UK on: April 2008

Date of decree absolute of previous marriage from UK court on: May 2009
applied for my wife's spouse visa plus visa for a son on: June 2009
visas were refused on: October 2009

ECO mentioned:
''I am satisfied that you meet the requirements of paragraph 281 of the immigration Rules, except for the following:

I note that you married your sponsor on 1 April 2007, I note that your sponsor was previously married. You state that your sponsor had Islamic Divorce in November 2006, but no evidence of this has been submitted. You have submitted divorce papers and I note that the marriage was not dissolved until 20th May 2009. I am therefore not satisfied that the marriage you contracted in April 2007 is valid. Furthermore, you have provided no evidence of your sponsor's immigration status in the UK. In view of this, I am not satisfied that you meet the requirements of Paragraph 281 (i) a of the UK immigration Rules.''

meanwhile I got the citizenship on: March 2010
Appeal for the visas of my wife+son was declined on: May 2010


Thanks

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed Feb 23, 2011 2:54 am

I believe that your son has to come to the UK first.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Amo2012
Member
Posts: 155
Joined: Sat Nov 13, 2010 10:53 am
Contact:
United Kingdom

Post by Amo2012 » Wed Feb 20, 2013 2:11 am

Hi all,
With reference to the detail above can any one please advise me on the birth of my new baby here in UK to how to get BC for my baby.
Already got the birth certificate from borough.

Many thanks

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Wed Feb 20, 2013 6:14 am

If your child was born after you became BC, the child is automatically British from birth. Nothing is required to do. If you wish, you can apply for a passport for him.

Amo2012
Member
Posts: 155
Joined: Sat Nov 13, 2010 10:53 am
Contact:
United Kingdom

Post by Amo2012 » Wed Feb 20, 2013 11:37 am

Jambo wrote:If your child was born after you became BC, the child is automatically British from birth. Nothing is required to do. If you wish, you can apply for a passport for him.
Thanks Jambo,
I got BC before the child was born but the mother of a child is on EEA2 on the bases of unmarried and long term relationship, does it affect anything? If not then should I simply get the passport form to be filled and sent?

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Wed Feb 20, 2013 12:07 pm

ultragujar wrote:I got BC before the child was born but the mother of a child is on EEA2 on the bases of unmarried and long term relationship, does it affect anything?
No. The child might also take his mother nationality (depends on the law of that country). Only one parent needs to be British for the UK born child to be British.
If not then should I simply get the passport form to be filled and sent?
Yep. Just fill in the form. Add his birth certificate, 2 photos (one countersigned). Simple. Should take 1-2 weeks during this time of year.

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed Feb 20, 2013 12:12 pm

ultragujar wrote:Thanks Jambo,
I got BC before the child was born but the mother of a child is on EEA2 on the bases of unmarried and long term relationship, does it affect anything? If not then should I simply get the passport form to be filled and sent?
Do you satisfy the "Meaning of parent"?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Amo2012
Member
Posts: 155
Joined: Sat Nov 13, 2010 10:53 am
Contact:
United Kingdom

Post by Amo2012 » Wed Feb 20, 2013 1:38 pm

Jambo wrote:
ultragujar wrote:I got BC before the child was born but the mother of a child is on EEA2 on the bases of unmarried and long term relationship, does it affect anything?
No. The child might also take his mother nationality (depends on the law of that country). Only one parent needs to be British for the UK born child to be British.
If not then should I simply get the passport form to be filled and sent?
Yep. Just fill in the form. Add his birth certificate, 2 photos (one countersigned). Simple. Should take 1-2 weeks during this time of year.
Many thanks Jambo...

Amo2012
Member
Posts: 155
Joined: Sat Nov 13, 2010 10:53 am
Contact:
United Kingdom

Post by Amo2012 » Wed Feb 20, 2013 1:45 pm

vinny wrote:
ultragujar wrote:Thanks Jambo,
I got BC before the child was born but the mother of a child is on EEA2 on the bases of unmarried and long term relationship, does it affect anything? If not then should I simply get the passport form to be filled and sent?
Do you satisfy the "Meaning of parent"?
I went through your mentioned page....I was confused about the legitimacy of child as UK doesnt recognise our marriage but now I am more clearer now as my child falls in the category of born after 2006 where there is no concern of legitimacy. Apart from that I do fall in the meaning of father category and on birth certificate my name is also mentioned as a father....hope no trouble to get all documentation done...

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