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How is the child British if the father is not British?. You have stated they hold ILR.Now she needs to claim his boy’s British passport as he is British by birth
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.)
secret.simon wrote: ↑Thu Feb 03, 2022 3:06 pmThis 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:If the father was a British citizen otherwise than by descent on the date of birth of the child:
- 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.
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.
- 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.
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.
In that case, the child is neither born a British citizen nor is the child entitled to be registered as a British citizen.