Roy Kevin

I am a British citizen visiting the UK with my 7-yr old son who was born overseas. His non-British mother is leaving the UK shortly while we apply for her to join me permanently, but we would like our son to stay with me for the time being. He is on a six-month visa at the moment and my question is:

Can I apply for him to remain with me in the UK and attend a government school?

I have searched extensively on this, but not come up with a clear answer and I am now running out of time.
Grateful for any advice or personal experiences.
Many thanks.
Roy

JAJ

Is your son a British citizen? You say he's not, but why not? Is it because you're British by descent, not married to the mother, etc.?

mikelincs

If you are a British Citizen other than by descent, then your son (assuming you are his biological father and you are listed on his birth cert. as his father) is automatically a British Citizen, and doesn't need any sort of visa to remain here

JAJ

This is not necessarily the case. If the child was born before July 2006 and he is not married to the mother, then child is generally not a British citizen automatically. Child can be registered British on application, provided it's done before age 18.

Roy Kevin

I'm British by birth and linage on all sides. We thought that we could apply for British citizenship for him, but was told by the Nationality Checking Service here that his mother needs to be settled in the UK first before our application would be considered favorable. I am not married to my partner.

mikelincs

sounds as though he just misses out on the cut off date then.

roaringmouse

Did you follow this process to register the child as a British citizen by descent? It uses Form MN1.

Roy Kevin

We prepared the MN1 application and supporting papers but from the advice we received the from Nationality Check Service, we decided not to proceed. Perhaps we were not given the correct advice?

Is it essential that the mother is settled in the UK before a successful application can be made (given the circumstances described above)? The information on the UKBA website seemed to indicate that we had a good case.

JAJ

1. Nationality Checking Service is wrong, not for the first time. They are local council employees with minimal training on anything other than the most straightforward cases.

2. For this kind of application, mother does not need to be settled. Mother's status is irrelevant.

3. You've already been given the information you need from the Home Office website.

4. If you need anything more, go to the Nationality Instructions, Chapter 9 and read section 9.9.
http://www.ukba.homeoffice.gov.uk/po...ctions/nivol1/

5. If any Nationality Checking employee doesn't understand this, then point out that it's not their job to decide applications.

Roy Kevin

Many thanks for this clarification...very helpful indeed.
I think I will keep my son with me and file the application as originally planned.
Reading chapter 9/9.22.6 it looks like we need to add a Parental Responsibility Agreement, which I will organise before my partner leaves.
Any idea how long the application process usually takes for such cases?

JAJ

1. If you don't already have automatic parental responsibility, this is probably you should obtain anyway if you're going to be part of the child's future. See a family law practitioner in the relevant part of the United Kingdom for more advice.

2. Every case is different, etc, but normally stand-alone MN1 applications take a month or two. Unless things have changed recently. If your son does not have a residence visa it would not be advisable for him to leave the United Kingdom until he has a British passport.

Will he keep his existing nationality or not when he becomes a British citizen? It depends on the country.

Vexcore

Strange, how should it effect your childs future? if your simply not married or girlfriend isn't settled in the UK? it seems to be you've been 'fobbed' the wrong info

if you're born in UK and family is born in UK then you should have no problem to apply for a British passport for your son,

even if his mother is not settled in UK...


this is the route i plan to do once my baby is born go to embassy and reg the birth and apply for a British passport.. then fly back home then sort out my wife's VISA....

Something doesn't add up here.

-- Good Luck !