Claiming nee born British citizenship from pakistan

[talkhome]

This question is for a Friend:

Situation is as follows help is appreciated.

My friend married a person in pakistan who had ILR and subsequently he applied for my friend spouse visa from pakistan.

3 years visa was issued on partner route.
Friend moved to uk and lived 6 months there. Partner was abusive and he decided to bring my friend back in pakistan without telling her that he is planning to leave her forever.

Guy went back and now she is struggling here in pakistan without and help.

She gave birth to a baby boy who was conceived while she was on partner route in the uk and she gave birth in pakistan.

Now she needs to claim his boy’s British passport as he is British by birth and she needs to claim that she was subject to abusive behaviour and she was brought back to pakistan without her consent.

Please advise how can she claim child passport?
Also what documents required?
Also how can she contact home office regarding her own immigration status.

Her spouse visa is valid till Sep 2022 but her ex husband took his brp card she has copy of it.

She is in big trouble and struggling to survive here.

[CR001]

Now she needs to claim his boy’s British passport as he is British by birth

How is the child British if the father is not British?. You have stated they hold ILR.

[secret.simon]

she gave birth in pakistan

This is the operative part of the sentence. The place of conception of the person is irrelevant (as an aside, Florence Nightingale was named so,because, according to her parents, she was conceived in the city of Florence, Italy. That did not make her Italian.)

What was the status of the father on the date of birth of the child?

If the father was not a British citizen on that date:

• The child is not a British citizen and will have the same UK Immigration status as that of the second/less-privileged parent, the mother in this case.

If the father was a British citizen otherwise than by descent on the date of birth of the child:

• The child is a British citizen by descent and can apply for a British passport with a copy of their birth certificate and their father's naturalisation certificate.

ILR status would only matter if the birth (not conception) had taken place within the UK. If the birth takes place outside the UK, it is British citizenship otherwise than by descent on the date of the birth of the child that matters.

[talkhome]

Now she needs to claim his boy’s British passport as he is British by birth

How is the child British if the father is not British?. You have stated they hold ILR.

Our understanding is when child is born to a parent who holds ILR on the day of his birth child is considered British by birth? Please correct it if I am wrong?

[talkhome]

she gave birth in pakistan

This is the operative part of the sentence. The place of conception of the person is irrelevant (as an aside, Florence Nightingale was named so,because, according to her parents, she was conceived in the city of Florence, Italy. That did not make her Italian.)

What was the status of the father on the date of birth of the child?

Status of the father was ILR and mother status was Partner route 3 year visa.

Is there a possibility of registering child for citizenship or visa. Father is not cooperative. He is going to file for a divorce.

If the father was not a British citizen on that date:

• The child is not a British citizen and will have the same UK Immigration status as that of the second/less-privileged parent, the mother in this case.

If the father was a British citizen otherwise than by descent on the date of birth of the child:

• The child is a British citizen by descent and can apply for a British passport with a copy of their birth certificate and their father's naturalisation certificate.

ILR status would only matter if the birth (not conception) had taken place within the UK. If the birth takes place outside the UK, it is British citizenship otherwise than by descent on the date of the birth of the child that matters.

[talkhome]

Status of the father was ILR and mother status was Partner route 3 year visa.

Is there a possibility of registering child for citizenship or visa. Father is not cooperative. He is going to file for a divorce.

[secret.simon]

Our understanding is when child is born to a parent who holds ILR on the day of his birth child is considered British by birth? Please correct it if I am wrong?

The child would be a British citizen at birth automatically only if the child is born in the UK to at least one parent who has ILR at the time of the birth of the child.

If such child is born abroad, the child is not a British citizen (nor entitled to register as one) and their UK immigration status follows that of the less-privileged parent.

Status of the father was ILR and mother status was Partner route 3 year visa.

Is there a possibility of registering child for citizenship or visa.

In that case, the child is neither born a British citizen nor is the child entitled to be registered as a British citizen.

As mentioned above, the status of the child is in-line with the second/less-privileged parent, in this case, the mother. So the child would qualify for a visa if the mother does.

The child would be eligible to register as a British citizen if at least both the child and both parents have ILR (and the child is resident in the UK) and only before the child's 18th birthday.

[talkhome]

Okay, we understand that child will follow less privileged parent (in this case mother).

But mother visa BRP card was taken forcefully by the child’s father.

How can she ask for replacement of her BRP? If her husband already reported to Home office that they are now separated is there a way she can travel to UK with her child?

She was betrayed by her husband. Her husband brought her back to pakistan from uk 3 months before child birth and reported quietly to hone office that they are now separated. He never told her until he dump her in pakistan

[CR001]

She needs the husband's support and paperwork to apply for a child's visa. She is unlikely to get them or a visa if he has reported the breakdown of relationship already.