will that be possible

[ramt]

hi every one wonderful forum God bless u all. Please help me with answers to my doubt.Am a family memeber of an EU I have been maried to this man more than five years I came and joined him as a family memeber of an EU and I was issuied Residence Card but after one year together in the uk he walk out of the house with the marriage certificate and other bills documents and i left the house too as i cant afford to pay the rent along the line I came across some one now we have a child togethe he is a british citizen.my questions are :

1,my curent partner want to apply for the child british passport if successful can I use the child route to stay in this country? if so how to go abt it

2,how can I divorce this man as he hold on the divorce certificate and is not easy to get a replacement as the marriage was done back home and I have no idea where he is living now

3,my RC is valid up to 2018 what is my best option right now as i dnt want to leave things in the last minute fearing too uk is going to be out of the EU at that time. Thanks in advance for helping.

[ohara]

What nationality is your new partner?

Have you had a child with your new partner while you are still married to your old partner?

[ramt]

MY curent partner is a British citizen am stil maried to my EU partner but no where to be found he is in the Uk working but I have no clue where he is living he change his telephone number this make the matter very hard to divorce him thanks

[ohara]

I believe that for nationality purposes, your husband will be considered to be father of your child. You may have some difficulty obtaining a British passport for the child at the moment as the child may not actually be a British citizen.

Also your RC is not a visa, and even though the card itself is valid until 2018, if your relationship with your EEA sponsor has broken down and you have not retained a right of residence, you may not have a basis to remain in the UK.

Wait for others to advise, as I am not an expert and you are in a complex situation.

[ramt]

are u saying if the father apply for her british passport will not be granted note am not the one who will applying for her passport..At this situation what is the best possible for me to retained right of residence? thanks

[ohara]

The British Nationality Act 1981 defines "father" as the man who is married to the mother at the time of the birth. I believe the biological father will need to take a DNA test to prove paternity, but I'm not sure how things will work out considering you are still married to another man.

https://www.freemovement.org.uk/proving ... tificates/

[ramt]

thanks for ur quick reply so if DNA done and it happen they grant her British passport can I stay base on my child as a carere of a British child the Dad has official done the DNA but he has not apply for her British passport yet once again thank u

[Obie]

The British Nationality Act 1981 defines "father" as the man who is married to the mother at the time of the birth. I believe the biological father will need to take a DNA test to prove paternity, but I'm not sure how things will work out considering you are still married to another man.

https://www.freemovement.org.uk/proving ... tificates/

What you are saying is very wrong.

The British nationality Act does not define Father as only the man married to the mother. The father can be the biological or adopted father of the child, subject to regulations put in place to determine paternity.

The link you provided only deals with how paternity can be proven for unmarried fathers, it has no effect on the definition of father under the 1981 Act.

(a)the husband, at the time of the child’s birth, of the woman who gives birth to the child, or
(b)where a person is treated as the father of the child under section 28 of the Human Fertilisation and Embryology Act 1990 or section 35 or 36 of the Human Fertilisation and Embryology Act 2008, that person, or

where a person is treated as a parent of the child under section 42 or 43 of the Human Fertilisation and Embryology Act 2008, that person, or

(c)where none of paragraphs (a) to (ba) applies, a person who satisfies prescribed requirements as to proof of paternity.

[ohara]

I am confused here, hence why I said to wait for experts

OP is married to man A (EEA citizen, presumably without PR)
OP has had child with man B (British citizen)

According to your quote:

(9A)For the purposes of this Act a child’s father is— wrote:

(a)the husband, at the time of the child’s birth, of the woman who gives birth to the child, or

Who is the father here, for nationality purposes? Does child acquire British citizenship at birth through man B?

[Casa]

This article by Freemovement may help in part:

https://www.freemovement.org.uk/proving ... tificates/