need advice on child born from second relationship while married

[wahi66]

I looked at a large number of posts to get answers to my questions but i couldn't find.. Would be grateful if someone could provide some clarity on the following case:

1. child born in May 2016 through friends with benefits relation
2. at the time of the mother was on tier 4 student visa and she is still on student visa until 2019.
3. father of the child is married to the EEA national and got PR in Nov 2017 (still married and don't want divorce).
4. child's got birth certificate but not register as citizen to father or mother country.
5. birth certificate has father's name on it who got PR
6. child age is now 19 months

Questions:
1. what are the best options for the father to provide British passport to child?
2. what application route and how much time and cost??? can apply certificate and passport together?
2. do the father need to send his passport and PR and will it affect father's PR status??
3. do the mother need to send his passport and does the mother's student status will affect for not declaring child while on student visa??

[vinny]

If child's mother is unmarried, then child is entitled to register, subject to a DNA test confirming child's father's identity.

[wahi66]

yes child's mother is single. DNA test??? and how the DNA test will be done?? will it b done by the home office??

[vinny]

List of approved testing laboratories.

[wahi66]

thanks. i ll hv a look on it but could you please answer the rest of the questions as well???

[vinny]

Some of the answers are given in the above links. The MN1 form should say what documents they require. JCAP possible.

Applying shouldn't affect father's PR, unless they prove it was based on a marriage of convenience.
Not sure of any consequences to mother from not declaring child's birth.

[wahi66]

the DNA test needs to be sent with the application?? or the home office will assign the test DNA test center to perform the DNA test??

[wahi66]

NCS service can be used in this case??? and do the PR card and both passport will go along with application??

[Dapsondapson1]

@wahi66... I hv been in this situation before..I had a baby during my relationship with my eea partner.Yours stil better bcs my name was not on the birth cert until after I got my permanent residence (after the child was 3years ) thou I divorced my eea partner before I got my permanent residence..and I applied for child naturalisation,thou people were telling me HO will ask for DNA.. to my surprise.. they dint ask for it and my child got his passport after 3 months .. I applied through ncs

[Obie]

When did the father married to the EEA national.

If the father was married before the April 2011, then the child may be a British Citizen already.

There is no need for a DNA, unless one is requested.

Unmarried partners does have to provide a DNA as a matter of routine, unless the Secretary of state has very valid reason to doubt paternity.

[Casa]

1. child born in May 2016 through friends with benefits relation

Obie, the couple aren't partners. See the quote above. I don't know whether this makes any difference?

[wahi66]

@wahi66... I hv been in this situation before..I had a baby during my relationship with my eea partner.Yours stil better bcs my name was not on the birth cert until after I got my permanent residence (after the child was 3years ) thou I divorced my eea partner before I got my permanent residence..and I applied for child naturalisation,thou people were telling me HO will ask for DNA.. to my surprise.. they dint ask for it and my child got his passport after 3 months .. I applied through ncs

Good to know that someone had similar situation. when did you submit this child case?? the child mother was international student visa?? the difference is that i am still married to my EEA partner.

[wahi66]

When did the father married to the EEA national.

If the father was married before the April 2011, then the child may be a British Citizen already.

There is no need for a DNA, unless one is requested.

Unmarried partners does have to provide a DNA as a matter of routine, unless the Secretary of state has very valid reason to doubt paternity.

No i got married in Aug 2012.

[Obie]

Then it will be registration.

[Dapsondapson1]

I still married to eea national when the child was born..and the mother has leave to remain already...I add my name on birth certificate a month after I got my permanent residence and that is when the child was 3years

[wahi66]

okay Guys

So today i went to two different solicitors and both have them gave me two completely different paths.
kindle share your opinion and experience if you can on both situation.

1st Solicitor:

she had similar case before.
she advised me MN1 route either postal service or NCS service.
About DNA she said its up to me bcoz HO didn't asked in the last case however if you want to avoid any possible delay or refusal then send the DNA along with application just an extra evidence.
I can do the whole paper work myself as i did with my RC and PR time and so she said she can do the final checks to the application before submission which including draft covering letter of the case and will be my legal solicitors for £400+vat. or without legal representation £300+vat.

2nd Solicitor:

this solicitor asked me to go for extended family member as i hv got my PR under EEA national.
this guy said if i can get my EEA partner's statement regarding knowing the child etc long story and also statement from child's mother consenting connection with father and her EEA partner (happy connection story) then he can apply for EEA extended family member as I am taking half responsibility of the child so the application fee would be just £65. He said he can explain the home office to consider this case under EEA extended family route rather then MN1 which will save lot of money and also less chances of refusal. but in the end he asked me his fee of £1200 which is higher then MN1 category.


Please need your comments

kind regards

[wahi66]

I still married to eea national when the child was born..and the mother has leave to remain already...I add my name on birth certificate a month after I got my permanent residence and that is when the child was 3years

in which month and year you had you baby and then PR and then child registration???

[Obie]

Does the EEA national know about this child, and was the child declared in the application that was made for the PR.

Did you declare the existence of that child?

[wahi66]

Yes EEA partner knows about it
and No did not declare or include child's application in the PR.

[wahi66]

Does the EEA national know about this child, and was the child declared in the application that was made for the PR.

Did you declare the existence of that child?

Yes EEA partner knows about it
and No did not declare or include child's application in the PR.

[Obie]

I am just concerned if this person declared no child in the application, and then declare that he has a child, when he know about the child at the time of the application.

Even thought that may not me necessary for PR, but they may look at that if an application is lodged for registration.

[wahi66]

I did not declare just to avoid any problem in the PR.

[Obie]

I understand your possible reasons, its just that you are trying to regularise a child who you had known about but did not declare in previous application. Just try and thread carefully.

However legally it is possible to register a child in your circumstances.

[wahi66]

I know thats why i am very worried and concerned about this matters. I am reading lots of papers and already gone through all the sections of child registration under British Nationally Act 1981. It says clearly in one section that the child is entitle to register as British if the parent of the child is family member of EEA (not specified which family member) and qualify for the PR. Even MN1 form question number 1.3 says same.

[Dapsondapson1]

I still married to eea national when the child was born..and the mother has leave to remain already...I add my name on birth certificate a month after I got my permanent residence and that is when the child was 3years

in which month and year you had you baby and then PR and then child registration???

I had the baby 2014 while am still married to my eea , I divorced 2016 then got my permanent residence 2017 march nd add my name on the birth cert April 2017 , applied for child registration august 2017 via Ncs got d passport Nov 2017.. hope this clears