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child born before 2006 ,+ british citizenship

(2 Posts)
futforbaby Thu 18-Jun-15 22:55:50

Hi

I was wondering if anyone can give me some advice.

I have an ex colleague who has found out in the past few years that he has a son to an ex gf. The boy was born before 2000. His son was born abroad to a non British mother. He has been seeing his son for a few years now and now wants his son to live with him here in the UK. The birth certificates has his name as the father.

He has felt terrible for missing out on the early years with his son, and so his been going back regularly to see his son. The last time, his son asked if he can come to the UK to live with him. The mother has agreed.

We have been online and some places says they can't give British citizens to children born before 2006, where the British father was unmarried to the non-British mother. But if it was the otherwag round, as in the mother was British and the father wasn't , then the chold can apply for BrIrish citizenship. Which looked really unfair.

However, after a little bit more searching we found info to say that the law has changed this April 2015, for these children can apply for British citizens ship. Wiith so many prank info out there, sometimes you can trist what you read. So before I tell my friend the good news, I just wanted to varify the info. I was wondering if anymore know this to be true. And what other info does my friend need to give for the applicatIon.

does the child automatically give British citizens status of he applies, or is there any conditions?

Also my friend is at this moment not working but isn't claiming benefits, and looking for a job. Does this effect his chances of bringing his child to come to live with him

Also they might decide it would be best for the child to stay with the mother until he becomes an adult. Would this hinder his chances of becoming a British citizen, and come to live with his father then his an adult. Because by that time, his father would be over 65 years old and he said his son said he would be happy to look after his father in his old age.

They just really want to spend time with each other.

any advice would be great.

Thanks

OccamsRaiser Fri 19-Jun-15 00:17:24

IANAL but it is my understanding that they could apply for Indefinite Leave to Remain if your friend is willing to sponsor him. Detail here

There may be some issues with your friend not being employed as he will need to evidence that he is capable of supporting his child, but it would be worth reading the guidance notes around this.

Eligibility for British citizenship calculator This is the rule that you are referring to
"If you were born before 1 July 2006 and your parents weren't married when you were born (and haven't married since), you can't get British citizenship through your father."

Given that this is the UK gov website, I'd be inclined to take that as still accurate. I'm not aware of any changes to this.

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