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need help about my child

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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syedfida
Newbie
Posts: 35
Joined: Sun Mar 15, 2009 7:38 pm

need help about my child

Post by syedfida » Sat Dec 08, 2012 1:52 pm

Hi members,

i have been granted EEA 4 (Permanent resident permit) 9 months ago on the basis of Divorced from EEA National partner.

now i am in relationship with a lady and she is pregnant. i want to know can i register my child as a British citizen?

The lady have don't have any immigration status in this country from 7 years .

looking for your advice.

Many thanks

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Sat Dec 08, 2012 1:54 pm

The child should be able to obtain citizenship once he/she is born i believe. There should be no need for registration.
Smooth seas do not make skilful sailors

syedfida
Newbie
Posts: 35
Joined: Sun Mar 15, 2009 7:38 pm

need help about my child

Post by syedfida » Sat Dec 15, 2012 9:35 pm

Thanks Obie

after your advice i have spoken to my solicitor and he said to me if the baby born he/she will be consider as illegal coz her mother is illegal and it doesn't make any difference that you have Permanent resident. he said you are not married with that lady that's why baby will be illegal. i am confused,i have permanent residents so how come can't i register my child as British?


need help plz


regards

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Sat Dec 15, 2012 10:05 pm

I dont think the solicitor knows what he is talking about. He may need to go through his law books again. The law was ammended some time in 2006.
Smooth seas do not make skilful sailors

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Sat Dec 15, 2012 10:10 pm

Your solicitor is probably still living in 2005.

The law has changed in 2006 so father to children born out of wedlock would be considered parents for nationality purposes.

Once either parent has PR, a child born in the UK is British from birth.

EDIT: I didn't realised Obie posted that already. Well, now it's forum 2 : solicitor 1.

naija99
Member of Standing
Posts: 468
Joined: Wed May 16, 2012 7:18 pm

Post by naija99 » Sat Dec 15, 2012 11:18 pm

Whats the position if the child was born before 2006? Would the father still be able to apply if he was a British citizen/has PR?

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Sun Dec 16, 2012 12:00 am

This is not a British Citizenship forum. I only accomodate Op's query because it relates to EU law in some respect. Besides you are hijacking his thread
Smooth seas do not make skilful sailors

smith84uk
Newly Registered
Posts: 10
Joined: Thu Dec 13, 2012 12:41 am

the child will take the nationality of parent

Post by smith84uk » Fri Dec 28, 2012 2:34 am

The child is automatically BRITISH from birth. Tell that solitor to go a read his books.
Hi mate my friend is illegal but he has child with British girl. Their child is british

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Tue Jan 01, 2013 8:12 am

If one of the parents has either ILR or PR at the time the child is born, the child is automatically a British citizen. You can, if you wish, apply for a passport for the child.

Note that the parent with PR or ILR must be listed on the child's birth certificate.

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