British Citizenship

[Tavocasa]

All,

Hope everyone is okay. I have a query regarding my son's British citizenship status. My story is like this.

I came to the UK originally on Work permit in 2012, after 2017, I & my wife (First marriage) received the ILR as my dependent. My wife went onto apply British citizenship in 2018 and first daughter received the BC straight away in 2019 following birth. I applied for my British citizenship in 2019 and when I applied I used my wife as BC's spouse as it would have been a quick process.

Me and my wife split in 2020 end (legally divorced), I left the UK in 2021 and since 2022 I am with another lady in my home country and this month, I have a son born in this relationship but we aren't married.

I'm worried now whether my son born in 2nd relationship can actually receive BC due to the way I registered my citizenship under 6 (2) and 6 (1) . Even though my first wife got the the ILR and BC through me, is there any way I can change my citizenship to 6(1) as HO can see I was the main applicant?

Also if one day, If i would like to move back to the UK, can I bring my son and the lady who I am not married to the UK to enable us to live?

Please advise, I am really stuck with thoughts

Thanking you all.

Tavo

[meself2]

As far as I know, if you got your citizenship, it doesn't matter which way it's achieved. Divorce doesn't lead to its revocation.
Your son should get British citizenship by descent as you're a British citizen by naturalization and can pass it to the next generation (but he won't be able to).
https://www.gov.uk/apply-citizenship-br ... -july-2006

You’re automatically a British citizen if you were born outside the UK and all of the following apply:

you were born on or after 1 July 2006
your mother or father was a British citizen when you were born
your British parent could pass on their citizenship to you

As you're a British citizen, you can go through the spouse visa process with the wife assuming you're legally married. Son should be a citizen and can go as he pleases.

[Tavocasa]

Thank you so much meself2. Really appreciate it & my apologies for the delay in thanking you.

My another question is, Do I need to show proof of address/savings etc in the UK for my sons passport? Reason is when I got divorced, my first wife kept the house for her and my daughter are currently staying in it.

Another question is, the partner I am with now, we aren't married yet, so is it still possible for her to come to the UK with me as she is Argentine? She has another child from IVF and is Argentine, so we at present have 2 kids. She doesn't speak English, so as my kids.

I was a Engineer before, but I returned to my country to run my dads farm, so I currently don't have massive savings or a job to show. I am thinking to relocate to the UK but I can't leave my partner and my kids in Argentina.

Appreciate any advice/ help. Sorry for asking silly questions.

Many thanks and have a great weekend all.

Regards
Tavo

[meself2]

My another question is, Do I need to show proof of address/savings etc in the UK for my sons passport?

What you need to show is that you, as a child's parent, was British at the moment of child's birth. if I understand your situation correctly, you can apply for child's passport with your naturalization certificate (showing your date of naturalization before child's birth), his birth cert (showing you're the parent) and other necessary documents in British embassy. Be aware it will take several months.

Another question is, the partner I am with now, we aren't married yet, so is it still possible for her to come to the UK with me as she is Argentine?

If you lived together long enough - yes. See https://www.gov.uk/uk-family-visa/partner-spouse :

What you’ll need to prove
You must be able to prove one of the following:

you’re in a civil partnership or marriage that’s recognised in the UK
you’ve been living together in a relationship for at least 2 years when you apply

She would have to speak English (A1 at least) and you would need to show savings/earnings indeed, as per link above. Have a read and fire away questions you may have.

[Tavocasa]

Thank you so much for all the detailed information. My apologies for the delay as my newborn was a little ill, so I wasn't around for a while.

I have checked all the information you gave me so far. My concerns are as below

1. I understand I need to apply for BC for my newborn using MN1 form and this needs to be filed at the the Argentine UK embassy. You have advised me, this can take a long process though as done outside the UK. (concerned with time involved)

2. I checked for my partner to have a UK visa on non marriage basis, we should be able to prove we have been cohabiting for 2 years. Plus I should either have a UK job equivalent or savings of £18600 plus additional for the my other kid. (concerned with lack of funds, or job at present).

I wish I had savings, but due to the situation here, things are bad. As an alternative, would it be possible, If I travel to the UK, My argentine partner can enter the UK with her kid and my son for 6 months? I believe for Argentine citizens, we have 6 months Visa free to the UK, and once in the UK we can look to apply for visas and apply for my sons BC?

Please advise and thank you once again for all you help and advice.

Many thanks

[Ticktack]

The requirements that an applicant must meet to obtain a spouse visa are set out in Appendix FM of the Immigration Rules. These rules contain a minimum income requirement of at least £18,600 or a cash savings requirement of at least £62,500 (or a combination of both).

The choice isn't entirely up to you what part of the immigration rules you want to follow. If you want to bring your family to the UK, you have to do it right.
Your child isn't exactly a problem. But your spouse can't apply from within the UK.

You need to find a job in the UK. Work for about 6 months. Put your docs together and apply for your spouse.
In a nutshell, she might not enter the UK in 9 months. That's provided you get a job on time.

[CR001]

Please post your questions about a spouse visa in the Family Immigration sub forum, link below.

immigration-for-family-members/

These visa questions are not relevant to the British citizen topic for your child or the British citizen sub forum!!

[Tavocasa]

thank you so much Ticktack. This is almost an impossible task for me at present to have £62500 in savings. A flight for 3 will cost me alone in the region of £4k plus other stuffs. I have currently a few things to sell to make this money first.

I have no option at present it seems

[Tavocasa]

My apologies, will do CR001

[meself2]

1. I understand I need to apply for BC for my newborn using MN1 form and this needs to be filed at the the Argentine UK embassy. You have advised me, this can take a long process though as done outside the UK. (concerned with time involved)

If you were British citizen before the child was born (assuming you're the child's father), you don't have to go through MN1, you can apply for a passport directly - your child is British because you were British at the moment of his birth.

Other child would have to rely on your partner's status when you decide to move I reckon.

[secret.simon]

1. I understand I need to apply for BC for my newborn using MN1 form and this needs to be filed at the the Argentine UK embassy. You have advised me, this can take a long process though as done outside the UK. (concerned with time involved)

If the newborn was born on or after the date of your naturalisation certificate, you do not need to register their birth on Form MN1. You apply directly for their British passport with your naturalisation certificate and the child's birth certificate.

Be aware that the application for a first british passport for a child born abroad can take six months to a year. And as you are unmarried, further proof, such as DNA tests, may be needed too.

Crucially was the mother of the child married to anybody else at the time of the birth of the child?

The section that you naturalised under is irrelevant. Also, once British citizenship is acquired, by birth, registration or naturalisation, it is not possible to change the section that it was acquired under.

[Tavocasa]

Thanks so much meself2. Now all clear. I will apply for his passport once I have my naturlization certificate from the UK. Yes, I am the biological father to my son and my current partner is the biological mother.

Thanks for all, you take care

[Tavocasa]

Thanks Secret.Simon again. Perfect, I will apply for my sons passport once I get the naturalization certificate from the UK. My current partner wasn't married at the time of the birth of my son, so I will take DNA sample as well to be on safe side, thank you so much for that idea. I think once this is out the way, then I just need to worry about my partner and her Kid. I only met my partner here after I left the UK and my divorce in the UK.

The reason I thought of changing the naturalization if it did anyway permitted was to break away from my ex wife, as I feared if I have to go back to her for some thing in future due to 6 (2) registration for any of my partners or kids visa requirements. I thought to myself, even If I pay extra to get this changed to 6 (1) I would rather do that than knock on the door of my ex wife.

Thanks again to you for all the advice and help, you take care