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Juliano wrote:I know this post is kind of related to a previous post of mine, but I decided to create this new one because the situation has now changed, and the question is more about citizenship than immigration.
John and Mary met in England about 3 years ago. John is a British citizen (not by descent), and Mary is a Brazilian citizen. They got married in Brazil about 4 months ago. Mary was granted entry clearance as the spouse of John, and they came back to the UK.
Mary has a 12-year-old child who has always lived in Brazil. Mary never got married to the biological father of her child. The biological father was and is Brazilian. They separated after a couple of years. The father didn’t want to have anything to do with the child, so the child was registered as the child of a single mother, i.e. no father on the birth certificate.
When John and Mary were in Brazil for their wedding about 4 months ago, they decided to go to the registry office and include John in the child’s birth certificate, i.e. now the birth certificate shows John as the father. Apparently, this is perfectly legal in Brazilian law – i.e. any man can go to the registry office with the mother of the child, say that he is the father and ask to be added to the birth certificate (as long as the mother is in agreement).
The question now is: is the child now a British citizen by descent?
The law says that if you were born outside the UK and either of your parents were a BC other than by descent at the time of your birth, you are a BC by descent. In this particular case, John (now the father on the birth certificate) was a BC at the time of the child ‘s birth. However, he was not the biological father of the child.
We have heard different opinions about this case, and it has been quite difficult and stressful for the people involved. Some people have suggested the child should be brought to the UK to join his mother because now she has a spouse visa (i.e. via immigration rules). Some have suggested that the child is already a British citizen, and that we just need to apply for a British passport now. I've decided to read some of the law, but I cannot find answers directed related to this particular case.
I know some of you guys here love Immigration and probably know the law very well. What do you think of this particular case? I would really like to hear some of your opinions. I’d like to point out that I’m not an immigration advisor. I am a friend of the people concerned, and that’s the reason I’m interested in this case.
Cheers
J