Relationship with illegal immigrant

[mdupont]

Hi!

I have been browsing the forums for similar topics and found some that were of older date. Therefore I am going to ask questions about my individual situation, to make sure I get the the correct answers.

My situation is this:

I am from Denmark and I have a Danish/EU passport.
I am dating an illegal immigrant who is currently living in Scotland through the last 1,5 years.
I met him on a holiday trip in November and we have been dating ever since. I have visited him every month for 7-21 days, every time.

We are looking into possibilities to get him a UK citizenship and we've considered the following options:
1. I move to the UK for a period of time to get status as "living in the UK"
2. I get pregnant while I am staying in the UK
3. My boyfriend is registered as the father of the child
4. We get married

And to this my questions are:
1. How long do I need to stay in the UK to be considered as a "permanent resident"?
2. What does it take for my child to be born into having a UK citizenship?
3. Does being the father of a child with a UK citizenship grant my boyfriend rights to stay in the UK and eventually travel abroad and apply for a UK passport?
4. If we apply to get married in the UK (with or without child), how will the government handle his status as an illegal immigrant?

Our hopes for the future is that he is able to get permission to stay in the UK and that way being able to travel to Denmark, where we want to live and raise a family.

We're super anxious about how to make all of this work out and we hope to find some answers here to help us on the way to being together.

Thanks for your time!

M. Dupont

[CR001]

1. How long do I need to stay in the UK to be considered as a "permanent resident"?

5 years exercising treaty rights. Simply living in the UK is not sufficient. With Brexit happening, you would have to keep track of what happens and what will be in place for EU citizens.

2. What does it take for my child to be born into having a UK citizenship?

Child will not be automatically British. You would only be able to register the child as British (currently costs £1000) once you have Permanent Residence status, which you only get after 5 years of exercising treaty rights.

3. Does being the father of a child with a UK citizenship grant my boyfriend rights to stay in the UK and eventually travel abroad and apply for a UK passport?

It depends. The child won't be British at birth.

4. If we apply to get married in the UK (with or without child), how will the government handle his status as an illegal immigrant?

His rights will be automatic if married to an EU citizen, provided it is not a 'marriage of convenience' or 'sham marriage'.

To marry in the UK will likely be impossible. You would both be required to give 28 days notice of your intent to marry at a Home Office approved Registry office. The registry office will inform HO and this notice period can be extended to 70 days for HO to investigate and/or interview each of you separately before you are given permission to marry. As an illegal immigrant, he risks being detained at the interview stage.

[dan1988uk]

1. How long do I need to stay in the UK to be considered as a "permanent resident"?

5 years exercising treaty rights. Simply living in the UK is not sufficient. With Brexit happening, you would have to keep track of what happens and what will be in place for EU citizens.

2. What does it take for my child to be born into having a UK citizenship?

Child will not be automatically British. You would only be able to register the child as British (currently costs £1000) once you have Permanent Residence status, which you only get after 5 years of exercising treaty rights.

3. Does being the father of a child with a UK citizenship grant my boyfriend rights to stay in the UK and eventually travel abroad and apply for a UK passport?

It depends. The child won't be British at birth.

4. If we apply to get married in the UK (with or without child), how will the government handle his status as an illegal immigrant?

His rights will be automatic if married to an EU citizen, provided it is not a 'marriage of convenience' or 'sham marriage'.

To marry in the UK will likely be impossible. You would both be required to give 28 days notice of your intent to marry at a Home Office approved Registry office. The registry office will inform HO and this notice period can be extended to 70 days for HO to investigate and/or interview each of you separately before you are given permission to marry. As an illegal immigrant, he risks being detained at the interview stage.

I know that Uk can consider a marriage as convenience if celebrated just to bypass UK immigration laws even if the couple love each other.

[mdupont]

1. How long do I need to stay in the UK to be considered as a "permanent resident"?

5 years exercising treaty rights. Simply living in the UK is not sufficient. With Brexit happening, you would have to keep track of what happens and what will be in place for EU citizens.

2. What does it take for my child to be born into having a UK citizenship?

Child will not be automatically British. You would only be able to register the child as British (currently costs £1000) once you have Permanent Residence status, which you only get after 5 years of exercising treaty rights.

3. Does being the father of a child with a UK citizenship grant my boyfriend rights to stay in the UK and eventually travel abroad and apply for a UK passport?

It depends. The child won't be British at birth.

4. If we apply to get married in the UK (with or without child), how will the government handle his status as an illegal immigrant?

His rights will be automatic if married to an EU citizen, provided it is not a 'marriage of convenience' or 'sham marriage'.

To marry in the UK will likely be impossible. You would both be required to give 28 days notice of your intent to marry at a Home Office approved Registry office. The registry office will inform HO and this notice period can be extended to 70 days for HO to investigate and/or interview each of you separately before you are given permission to marry. As an illegal immigrant, he risks being detained at the interview stage.

I'm trying to understand this right - does that mean, I, as a EU citizen have to stay in the UK for 5 years BEFORE my child can be born into a British citizenship?

[CR001]

You can have a child at anytime.

Once you have 5 years residence in the UK (not sure about Brexit though) as a qualified person exercising treaty rights, you automatically attain PR (as it stands now pre Brexit). Once you have PR, you can register the child as British (current cost is £1,000).

You can only register the child as British once you have PR in the circumstances you have described.

[mdupont]

You can have a child at anytime.

Once you have 5 years residence in the UK (not sure about Brexit though) as a qualified person exercising treaty rights, you automatically attain PR (as it stands now pre Brexit). Once you have PR, you can register the child as British (current cost is £1,000).

You can only register the child as British once you have PR in the circumstances you have described.

Okay. Do you think the UK government will give my boyfriend papers to stay in the UK as the father of the child? Even if the child is not British?