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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7473
Experience:  UK Lawyer holding practising certficate for England & Wales.
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hi my name is ***** ***** british nationality.n iam

Customer Question

hi my name is ***** ***** british nationality.n iam previously married..going through divorce past 1year.my ex got boy friend n moved to abroad...she is delaying the divorce process..i waited for long we broke up since 2010.meantime i found my future life partner..she is living in abroad(india) not married to her yet. but like to marry my new partner once divorce got done with my ex. ive got new baby just born 3months back in india with my new partner thats my 1st son..i whould like to apply for him british passport is he eligible?? what i need to do next?? n is this go na effect my divorce with my ex any chance?? what is the best thing to do next please advise me many thanks in advance.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your question.

How did you obtain your UK citizenship please?

Kind regards,

Tom
Customer: replied 2 years ago.

hi tom...through my previous marrige which not worked out well. thanks.

Expert:  Thomas replied 2 years ago.
Hi,

I assumed that you naturalised.

Did you receive UK citizenship before your son was born?

Kind regards

Tom
Customer: replied 2 years ago.

iam naturalised in 2010.yes i did my son just born 3months back thanks.

Expert:  Thomas replied 2 years ago.
Hi,

Drafting your answer now. 5 mins please.

Tom
Expert:  Thomas replied 2 years ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

Your son is entitled to UK citizenship now. This is because you hold UK citizenship otherwise than by descent. This means that you can automatically pass on your citizenship to your son even though he is born outside the UK.

This is because your son is entitled to citizenship under s2(1) of the British Nationality Act 1981:-
http://www.legislation.gov.uk/ukpga/1981/61
You can apply for his passport in the normal way.

You should apply for his passport now, because when you come to apply for a spouse visa for your wife if your son is a UK citizen then the financial requirement is reduced.

You can only apply for a spouse visa for your wife once you are divorced.

The UKBA webpage on spouse visas is here:
https://www.gov.uk/join-family-in-uk


The eligibility criteria is here:-
https://www.gov.uk/join-family-in-uk/eligibility

If the application is well prepared and you meet the following eligibility criteria then it will make the application easy and quick to decide upon for the UKBA. To be eligible, you must show:-

• you and your partner are both aged 18 or over at the date of application;
• your partner is a British Citizen, or is present and settled in the UK, or is here with refugee leave or humanitarian protection;
• your partner is not related to you in a way that means you could not marry in UK law;
• you and your partner have met in person;
• your relationship with your partner is genuine and subsistingif you are married or in a civil partnership, your marriage or civil partnership is valid in UK law;
• if you are not married or in a civil partnership you have been living with your partner in a relationship akin to marriage or civil partnership for at least 2 years prior to the date of the application;
• you meet the suitability requirements
• any previous relationship has permanently broken down (this does not apply to certain polygamous relationships);
• you and your partner intend to live together permanently in the UK;
• You must meet the financial requirement:-
• https://www.gov.uk/government/collections/chapter-8-appendix-fm-family-members-immigration-directorate-instructions
• This means that the UK based spouse must earn a minimum income threshold of £18,600. Alternatively, if you have savings of £62, 500.00 then you would not have to prove any salary. You can also use a mix of the two.
You have to produce to the UKBA documentation that proves the above. This would be some of the following:-
• Bank statements from both you and your spouse going back 6 months showing the income/capital you have available
• Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment
• Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)
• Marriage certificate, Birth Certificate, passport
• Evidence of correspondence between you and your spouse showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records
• Evidence of the accommodation where you will live or that you can afford to accommodate yourselves once here.

• Further information here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/documents/maintenance/


She will need to apply for settlement (ie. spouses visa) by using form VAF4A Settlement, available for download from UKBA's website.




My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
Customer: replied 2 years ago.

Hi tom, my son in india at the movement do i actually need to be in india to summit the documents or my partner can do thst if send the documents to india?? Also please tell me my british passport itself enough from me as evidence or do i need to send my naturalisation certificate too?? ive register my baby birth with local autharitys in india..is that enough or do i need to register in uk foregin office in india too?? So to do all this can i start my application from uk?? Or i need to go india?? And provide any dna sample as i not married to her?? please advise me thats all my questions so far ur very helpful thanks.

Customer: replied 2 years ago.

Hi tom ,my son in india holding the indian style of birth certificate with my first name on as a father n my partner first name on as mother..hope this is enough..thanks.

Expert:  Thomas replied 2 years ago.
Hi,

You should be able to sort it out from the UK, but it will be a bit of a hassle. You will have to submit full details for you (including your passport, birth certificate, naturalisation certificate).

You will also have to submit full details of your child with records of their birth and you will also have to get these translated if these are not in English.

You will probably also have to get all your children's documentation notarised by a notary in India.

Kind regards,

Tom

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