Recently granted pr as ex family member(complex issue)

[salty69]

Hello moderators

i have just been granted pr as an ex family member through divorced.In the letter that came with my pr , it says the date i am deemed to have acquired pr is 01/12/16. so according to my understanding i can apply for citizenship anytime from next month ?

problems

1.While i was married to the ex eea member, i had another child that was born to to a Non eea .
Proof of paternity change that was introduced in sept 2015 that only affect new birth certificate and does not affect children or fathers where the birth certificate was issues before 10th sept 2015 ....( my child from the non eea was born before this date ) Those this case affects me ?

2.while i was married to my ex . the non eea that had the child for me too was married to a eea citizen but she never was successful in getting a residence permit ( will she still be class as married even if Ho didn't grant her residence permit) they never divorced yet as the eea she married too disappeared .

3. now i will like to apply for my child (from the non eea) registration as i have pr which was granted recently , and also the non eea have overstayed her visa which she is the mother of my child... if i apply through MN1 application, what am i chances of successful application for my child , also in the child birth certificate , my name is on there with the non eea ..

4. should i apply for citizenship first as in the letter that came with my pr states am deemed to have acquired pr since 01/12/16 . before i start applying for my child ..



pls help me moderators as i have read alot and am very confused.

[secret.simon]

1.While i was married to the ex eea member, i had another child that was born to to a Non eea .

Was this child born in the UK or abroad?

There may be issues with registering the child as a British citizen based on your PR, because, for the purposes of UK nationality law (which is not controlled by the EU), the child's father is the husband of the mother at the time of birth. Therefore, for the purposes of registering the child, your PR may be immaterial.

The child registration Form MN1 asks (Q1.39 & 1.40) if the child's mother was married at the time of birth and if so, was she married to somebody else. If the information that is submitted on the form is falsified or filled in incompletely, the child's registration can be revoked at any time in the future as it was based on false information.

(9)For the purposes of this Act a child’s mother is the woman who gives birth to the child.

(9A)For the purposes of this Act a child’s father is—
(a)the husband, at the time of the child’s birth, of the woman who gives birth to the child, or
(b)where a person is treated as the father of the child under section 28 of the Human Fertilisation and Embryology Act 1990 or section 35 or 36 of the Human Fertilisation and Embryology Act 2008, that person, or
(ba)where a person is treated as a parent of the child under section 42 or 43 of the Human Fertilisation and Embryology Act 2008, that person, or
(c)where none of paragraphs (a) to (ba) applies, a person who satisfies prescribed requirements as to proof of paternity.

will she still be class as married even if Ho didn't grant her residence permit

Yes, she will be considered married until she gets a divorce decree absolute. The Home Office may have refused her residence permit on different grounds, such as if her EEA husband has been absent from the UK.

[Kuzelee]

Thanks secret.simon,the baby was born here’s in uk .so what am my chances of applying for my child as I Ann the biological father.
Do I apply for citizenship first as am due to apply for it .it says on my pr later am deemed to have acquired pr from dec 1 2016.

[Kuzelee]

WHat about the rule that says any child born before sept 2015 the rule those not apply to them

[CR001]

Why are you posting under two different usernames?

member/salty69/

member/Kuzelee/

This is not permitted, see Multiple Usernames Not Permitted (click)

[CR001]

WHat about the rule that says any child born before sept 2015 the rule those not apply to them

Don't confuse the 'proof of paternity' change in September 2015 with the British Nationality LAWS which secret.simon has quoted.

[salty69]

Why are you posting under two different usernames?

member/salty69/

member/Kuzelee/

This is not permitted, see Multiple Usernames Not Permitted (click)

sorry about the use of different i.d , i couldn't remember the password of the previous username..
also thanks for replying to this as well, pls is there anyway out for me in this situation, cos it looks like am stuck. i have just been granted pr and i need to sort my child out as well.will it make any change if i apply for citizenship as am due to apply from next month .