Child British naturalisation

[Fitfam]

Please I need a urgent reply..am a non eu and married to an eu citizen and I had a child outside to another woman while am still married to my eu wife..we got divorced last year June after 6years of marriage and I got my permanent residence this year march 2017 with retain right because our marriage is over 5 years and my ex provide me with her treaty right documents ..my question is can I apply for the child naturalisation for British passports.Thanks

[CR001]

Was child born in the UK?

Was the child's mother married to someone else at the time of the birth?

Is your name on the birth certificate?

What is the child's mothers UK immigration status?

You might be asked for proof of paternity (DNA) to prove you are the child's father.

[Fitfam]

@CR001 thanks you very much...the child was born in uk
And my name is on the birth certificate.Mother has limited to leave on 10years route which she Has already renewed twice and she had never married to
Someone else before.

[Fitfam]

Can someone help me on above questions please.Thanks

[CR001]

How old is the child?

You can apply to register the child if you wish to. HO will likely ask for DNA proof from an HO approved test clinic.

[Fitfam]

@CR001..The child is 3years old

[Richard W]

You can apply to register the child if you wish to. HO will likely ask for DNA proof from an HO approved test clinic.

If Fitfam was recorded as the father within a year of the birth, then the birth certificate suffices as proof of paternity, as the birth certificate will have been issued before 10 September 2015*. (Not that CR001 was to know that when she posted - I myself had been wondering if Fitfam had actually attained PR, as opposed to the permanent residence card, before the child was born.)

*Date taken from the British Nationality (Proof of Paternity) (Amendment) Regulations 2015.

[Fitfam]

Thanks @Richard W..i Got my PR Card this year march and It comes with a letter that I acquired it Oct 2016...my name was recorded on the birth certificate last year 2016...does that means I shld submit the DNA with the application or wait till they ask.

[Richard W]

Thanks @Richard W..i Got my PR Card this year march and It comes with a letter that I acquired it Oct 2016...my name was recorded on the birth certificate last year 2016...does that means I shld submit the DNA with the application or wait till they ask.

I don't know. I'm inclined to say that you should do the test with one of the government-approved testers and submit the results with the application, but that is because guidelines say that one has only 30 days to respond to a request for more documentation.

An additional worry is that your child might be in the UK in breach of the immigration laws and thus liable to visitor's charges for NHS treatment. On what basis is the child in the country? I suspect the only basis is that the child was born in the UK and has never left the UK. I'm not convinced that the child has a retained right of residence as an ex-family member of your ex-wife's - was the child registered as yours before the divorce was made absolute? If my fears are correct, the sooner the child is registered as British, the better.

[Fitfam]

Thanks @ Richard W... the child name was registered on mine after the divorce was made absolute and the child was born in uk and never left uk