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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7478
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hi, I am German and live here as a expat since 2 years. My

Customer Question

Hi, I am German and live here as a expat since 2 years. My girl friend is American. She will give birth end of January. Can the child get UK citizenship if we get the child here? What about the mother`s status?
Many thanks
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
Do either of you hold Permanent Residence or, in the case of your girlfriend (if here earlier than you), indefinite leave to remain?
Kind regards.
Tom
Customer: replied 2 years ago.

No, I moved to UK from Germany two years ago,as expert. She is still in the US, never lived here.

Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your reply.
How long have you and your girlfriend lived together in the same accomodation during your relationship?
Kind regards.
Your
Customer: replied 2 years ago.

Never. Just every second month in NY when I have been there since one year.

Expert:  Thomas replied 2 years ago.
Hi,
Thanks. Drafting your answer now. 5 mins please.
Tom
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your patience.
If you have not cohabited for any length of time and have only been together for 1 year then she does not qualify to come here as an unmarried partner of you (an EEA citizen).
This means that if you want her to come to the UK, then you would have to marry here. Once married she would be able to apply for an EEA family permit to allow her to come to the UK as your wife and benefit from your EEA rights. The webpahe on this is here:-
https://www.gov.uk/family-permit
If she did this and the child was born in the UK then once you (as father and an eea citizen) reach 5 years in the UK then you will get Permanent Residence (https://www.gov.uk/apply-for-a-uk-residence-card/permanent-residence-card). Once you have permanent residence then the child can apply for a UK passport.
Once your partner has been in the UK for 5 years she can also apply for permanent residence.
If the child is born outside the UK, then she would have to be included in your partner's applciation for permanent residence once she has been here for 5 years. Thereafter, your partner can apply for naturalisation provided that she meest the requirements on the following page:
https://www.gov.uk/becoming-a-british-citizen/check-if-you-can-apply
At the same time as your partner applies for naturalisation the child should apply to be registered as a UK citizen with the naturlisation application of your partner and, if your partner is successful in naturalising, then the child will receive a certificate of registration of UK citizenship which you can then use to apply for the child's UK passprt.
Kind regards
Tom
Expert:  Thomas replied 2 years ago.
Hi
Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.
Kind regards,
Tom

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